Features of medical services
Medical services are one of the most popular, and often irreplaceable, areas of the consumer market.
As practice shows
Citizens of Russia do not know that their rights in this area are also protected by the current legislation on consumer protection and what needs to be done if the medical service is provided with poor quality.
Now you will find out
How and to what extent such protection is carried out.
Due to the fact that medical activity is directly related to human life and health, it is subject to mandatory licensing and is additionally controlled by the state by specialized bodies.
Including regarding the quality of such services.
Currently this is Roszdravnadzor.
License
This is not just a document confirming the right to engage in a certain type of activity.
This is also a confirmation that the person indicated in it has created and operates a list of the minimum necessary conditions and requirements for the high-quality and safe implementation of such activities.
First difficulty
What consumers of low-quality medical services face is an insufficient understanding of which services should be considered medical, and therefore have additional control over them, and which should not.
For example
Cosmetic and cosmetology services are quite similar, but the former are not subject to licensing, while the latter are subject to and require additional control.
The list of works (services) that make up medical activities was approved by Government Decree No. 291 of April 16, 2012 “On licensing of medical activities.”
It can be easily found on the Internet.
It is closed and not subject to broad interpretation.
In accordance with clause 5 of Article 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, “If laws or the procedure established by them provide for mandatory requirements for a product (work, service), the seller (performer) is obliged to transfer the product to the consumer (perform work, provide a service ) that meets these requirements."
For your safety:
If you are offered a service included in the above List, do not be shy and always check the availability and validity period of the corresponding license.
Where can you complain about a doctor at a private clinic?
Article 293. Negligence 1. Negligence, that is, failure to perform or improper performance by an official of his duties due to dishonest or negligent attitude towards service or duties in office, if this resulted in major damage or a significant violation of the rights and legitimate interests of citizens or organizations or interests protected by law society or state - (as amended by Federal Laws of December 8, 2003 No. 162-FZ, No. 43-FZ of April 8, 2008, No. 265-FZ of July 13, 2015) is punishable by a fine in the amount of up to one hundred twenty thousand rubles or in the amount wages or other income of the convicted person for a period of up to one year, or compulsory work for a period of up to three hundred and sixty hours, or correctional labor for a period of up to one year, or arrest for a period of up to three months. (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ) 1.1. The same act, which entailed the infliction of especially large damage, is punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or arrest for a term of up to six months. (Part 1.1 introduced by Federal Law No. 265-FZ of July 13, 2015) 2. An act provided for in part one of this article, which through negligence entailed the infliction of serious harm to health or the death of a person, is punishable by forced labor for up to five years with deprivation of the right to occupy certain occupations. positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it. (Part 2 as amended by Federal Law No. 265-FZ of July 13, 2015) 3. An act provided for in part one of this article, resulting through negligence in the death of two or more persons, is punishable by forced labor for up to five years with deprivation of the right to occupy certain occupations. positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it. (as amended by Federal Law dated December 7, 2011 N 420-FZ) (part three introduced by Federal Law dated December 8, 2003 N 162-FZ) Note. In this article, major damage is defined as damage the amount of which exceeds one million five hundred thousand rubles, and especially large damage - seven million five hundred thousand rubles. (note as amended by Federal Law dated July 13, 2015 N 265-FZ) Art. 293, “Criminal Code of the Russian Federation” dated June 13, 1996 N 63-FZ (as amended on July 13, 2015, as amended on July 16, 2015)
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According to part 2. The preliminary investigation is carried out by: 1) investigators of the Investigative Committee of the Russian Federation - in criminal cases: a) about crimes provided for in Articles 105 - 110, 111 part four, 120, 126, 127 parts two and three, 127.1 parts two and three, 127.2 parts two and third, 128, 131 - 149, 170.1, 171.2, 172.1, 185 - 185.6, 194 parts third and fourth, 198 - 199.2, 201, 204, 205 - 205.2, 205.3, 205.4, 205.5, 208 - 21 2.1, 215, 215.1 , 216 - 217.2, 227, 235.1, 237, 238, 238.1, 239, 240.1, 242.2, 246 - 249, 250 parts second and third, 251 parts second and third, 252 parts second and third, 254 parts second and third, 255 , 258.1 parts two and three, 263, 263.1, 269, 270, 271, 271.1, 279, 282 - 282.3, 284.1, 285 - 293, 294 parts two and three, 295, 296, 298.1 - 305, 317, 318 , 320 , 321, 327.2, 328, 330.1, 330.2, 332 - 354.1 and 356 - 360 of the Criminal Code of the Russian Federation.
Do compulsory medical insurance services fall under the Law of the Russian Federation “On the Protection of Consumer Rights”?
In the minds of modern consumers, there is a stereotype that consumer rights protection is applicable only to paid medical services, and free ones are supposedly only controlled by special authorities.
This introduces uncertainty in the provision of low-quality paid medical services.
Supreme Court of Russia
breaks this stereotype in paragraph 9 of the Resolution of the Plenum of June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”, issues regulated by legislation on the protection of consumer rights include, among other things, issues of compulsory health insurance, t i.e. free medical care.
And does not matter
Whether the service is provided under compulsory medical insurance or for a fee under a contract, the contractor will be responsible to the consumer for the quality of such service, including within the framework of the Law of the Russian Federation “On the Protection of Consumer Rights”.
Court decisions
The case of the defective fur coat
The case of purchasing dietary supplements on credit
A diet that only makes your wallet thin
Measurer's mistake of 30 thousand: the window installation company paid for the miscalculation
Compensation for damages in favor of the buyer
The store refused to refund money for non-working goods
How to determine whether a medical service is of high quality
In law
If the service, in the opinion of the consumer, was provided with a defect that was not specified when concluding the contract, then the consumer has the right to present demands to the medical institution:
- to eliminate defects free of charge within a reasonable time period assigned to them or to demand a proportionate reduction in the contract price
- reimbursement of expenses for eliminating deficiencies on our own or by third parties
- in case of a significant deviation from the terms of the contract or other significant violation of its terms - refuse to perform it and demand a refund of the money (if it was paid).
That's why
If the consumer, before the provision of medical services, was provided with all complete and reliable information about possible shortcomings (contraindications, side effects and risks) and the consumer still agreed to the provision of the service, then if such shortcomings appear, the consumer subsequently has no right to make any claims regarding them.
If
if any other shortcomings appear that were not specified before the provision of medical services, that is, the service was provided poorly, then the consumer’s rights will not be limited, and you can make all the demands that we mentioned a little earlier.
Majority
Medical institutions usually provide for a fully voluminous textual reasoned consent, which includes the maximum possible negative consequences.
On practice
We often come across the fact that not very clean performers try to confuse the consumer, allow them to sign incomplete forms, do not give a copy of the contract or annex to it, while deliberately rushing and reducing the importance of the legal registration of the transaction in comparison with the importance of the service itself.
Our main advice:
Never rush!
Always carefully read the documents being signed, and if the copies are not complete, ask for certified copies or, as a last resort, take photographs of the documents being filled out on your phone.
Third difficulty
If, nevertheless, a deficiency discovered by the consumer-patient was not specified before the start of the medical service, we are usually faced with the third difficulty, namely: who and how determines the quality of the medical service?
Medical services, due to their specificity, are very often associated with complex terminology and many assumptions or, on the contrary, restrictions in the actions of the patient himself before, during and after the provision of services.
Current legislature
assumes the consumer lacks special knowledge. Therefore, the consumer is not limited in any way in presenting his claim and has the right to describe the defect as he considers possible.
We always advise
apply in writing in the form of a claim or statement and hand over this document against signature with the seal of the medical institution on the copy that remains with you, or send it by registered mail with notification to the actual and legal addresses.
After receiving the consumer’s demands, the following deadlines begin: 10 days for a proportionate reduction in the purchase price, reimbursement of expenses, losses or refund; or the deadline set by the consumer himself for eliminating deficiencies in the service is running out.
note
that contracts often stipulate deadlines for eliminating deficiencies, and in this case it is better to adhere to them, since they were agreed upon in advance.
During these periods, the contractor has the right to conduct a quality check and determine the presence or absence of the described defect, as well as the reason for its formation and, as a result, agree with the consumer’s requirements or refuse to satisfy them.
If a dispute arises about the existence or reasons for deficiencies in the medical service provided, an examination may be carried out.
The difficulty is
that a forensic medical examination is quite expensive, is not carried out quickly and only by court determination.
Therefore, we advise patients in this case to obtain a written opinion from a specialist of the same profile.
For example
In case of poor-quality dental treatment or prosthetics, we advise you to get a written consultation from a doctor in another clinic.
What patients of private clinics can demand
When a person comes to a private clinic and, after examination and tests, he is diagnosed with very serious diagnoses, needless to say, in this situation one can become confused. However, so that you do not have to pay for completely unnecessary treatment, you can follow some simple rules.
If you didn’t have time to renew your policy or simply forgot it, don’t worry. In a private clinic, no one will demand it from you, because you are paying to see a qualified specialist. And it doesn’t matter whether you are a resident of the Altai Territory or came from another region on vacation or on a business trip and got sick.
How and where to contact if poor-quality medical services are provided.
So
Let us outline the action plan if the medical service provided to you has a drawback:
- Submit a written complaint, describing what service was provided, how much was paid for it (if it is paid), what the shortcoming is and what your requirements are. The law does not provide for a special form of claim. References to legal norms are also optional.
- Delivery of the claim by hand against signature and stamp or by registered mail with notification to the actual and legal addresses.
- Quality control by the medical institution (performer) itself.
- If a dispute arises, a specialist’s opinion or expert opinion is required.
- If, after presenting the opinion of a specialist or expert, the requirements are still not satisfied, you need to file an application with the court.
Free legal advice
Hello! Tell me please. I visited a private clinic for a year. As a result, the wrong diagnosis was made, I had to go to another clinic, but here they made the correct diagnosis. It was just a waste of time and money. What to do? How and where can you file a complaint about this and the clinic, namely the doctor?
Hello! Honey. an institution that has a license for pre-trip examination of drivers, as a result of a personal conflict, refuses to return the organization’s travel log book and threatens to file a complaint with the transport inspectorate and the prosecutor’s office about the failure of the organization’s drivers to undergo a medical examination. What should I do?
Where to complain about the clinic
The text must indicate:
- Full name of the health care facility employee whose actions you want to appeal;
- The date and location where the incident occurred.
- You can also refer to the legislative framework and indicate which articles of the Constitution or laws of the Russian Federation were violated.
- In the final part, write down what you are seeking (compensation for damage, transfer to another attending physician, administrative penalties from the perpetrators, etc.).
- If you have any documents confirming your words (extracts from the medical history, receipts, photos, audio materials, copies of previously filed complaints, etc.), attach copies to the letter.
At the same time, you need to write complaints to the insurance company (in case of payment for treatment under a health insurance policy), to the Territorial Office of Roszdravnadzor, to the Committee (Ministry) of Health of the city or region. If there is no response to the claim, or if you are not satisfied with it, you will have to file a lawsuit. It is worth keeping in mind that medical cases take a long time to be heard in court and their outcome is rarely obvious. In this regard, it is worth trying with maximum efforts to resolve the issue during negotiations and appeals to the above-mentioned authorities and going to court as a last resort. The lawsuit describes in detail the events that occurred with precise dates and names, indicates alleged violations, and attaches all possible documents, test results, and examinations.
