Plastic surgery occupies one of the first places on claims for poorly rendered medical care. Part of the claims is subjective in nature, when the patient did not like the result of the work of the plastic surgeon, and the part is related to the poor-quality provision of medical services and causing harm to the health of patients. The consequences of poor-quality plastic operations include an allergic reaction to drugs, rejection of implants, suppuration, scars remaining after surgery, local necrosis, hematomas and other adverse effects.
Causes of complications may be different, it may be an individual feature of the body, but most often the causes of complications are incorrectly chosen drugs, incorrect tactics of medical intervention, non-professionalism or negligence of doctors, that is, the so-called "medical errors". The victims of medical errors can count on compensation for their damage caused by health, but a little later.
From medical error or Lyaka, as doctors say, it is impossible to insure, even the most famous surgeons are mistaken, but you can reduce the risks, by collecting information about the doctor, whose knife is planning to lie down, and about the clinic in which it works.
Of course, first of all it is worthwhile to help the reputation of the plastic surgeon and the clinic in which you plan to make an operation. Now there are a lot of open sources with which you can find almost any information about any doctor, including feedback on his work.
In addition, the clinic should have its own website, which provides information on clinic licenses and on types of medical care provided in accordance with such a license, as well as the doctors themselves, their education and existing medical certificates.
Dmitry Chernokaltsev, lawyer, specialist in medical law
Paid medical care can only be provided on the basis of a contract for the provision of paid medical services, which states exactly what the doctor should make what operation, in which time, which materials will be used.
The clinic is obliged to make you a medical card, which includes all manipulations, stages of preparation for operation and the operation itself, as well as postoperative observation, if it is provided for by the contract.
It is necessary to say that consumables must have appropriate certificates, and medical products and medicines must be registered in the prescribed manner.
Based on the results of the operation, the clinic should issue an extruded epicride, indicating the intervention, as well as to sign an act of the provision of services. I think you should not say that all checks about the payment must be saved.
The contract for the operation and checks on the provision of medical services will be useful in reimbursement of personal income tax, and with the adverse effects of the operation, there will be evidence of the fact of medical intervention.
In case, upon completion of postoperative intervention, you have complications, we recommend contacting the clinic that has conducted an operation - with a claim for poor-quality services. The clinic, by virtue of the current legislation, should collect a medical commission, check the quality of the operation, the quality of completing medical records, at the request of the patient to conduct its inspection and issue a conclusion about the reasons of complications. If the clinic recognized the presence of a medical error, you have the right to demand compensation. Depending on the degree of harm caused by the medical error, it can also be about returning funds for poor-quality work, and compensation for re-operation, if there is indications and compensation for non-pecuniary damage.
In the event that the clinic refuses to contact you, does not respond to the claim, does not collect a medical commission and otherwise evade the resolution of the dispute, we recommend first to request a copy of your medical card in the clinic. It must be provided to you within 30 days from the date of appeal.
Already with a copy of a medical card and with additional surveys, if they were, you can refer to experts, for the independent examination of the quality of medical care. This is expensive pleasure, so it is worth estimating the feasibility of holding an extrajudicial expertise.
The results of inspections by regulatory authorities, namely, Rospotrebnadzor and Roszdravnadzor, according to your appeal, will show how high-quality the clinic approached the provision of medical services. The act of checking the above organizations can be used in court as proof of your rightful.
In particularly difficult cases, if there is no harm to health harm or grave harm, it makes sense to apply to the Investigation Committee to establish whether a doctor has a doctor who made a medical error in the actions of a crime.
The application for the recovery of compensation for poor-quality treatment is submitted to the District Court at the location of the clinic or at the place of your residence.
The court will consider the evidence presented by you and the proof of the clinic and in the presence of the fault of the clinic in causing harm to health admires compensation in your favor.
It is worth noting that any legal disputes with medical institutions are very complex and require the involvement of a professional lawyer or a lawyer who can represent the interests of the patient or its representatives in the bodies of justice.