The lawyer spoke about the definition of a medical error

Lawyer, managing partner of the Law Firm Kristina Vysotskaya explained how to identify a medical error.

In conversation with aif.ru On Monday, October 26, she noted that an unfavorable outcome of treatment is not always associated with a medical error. The cause may be the severity of the disease, its atypical course, or unpredictable circumstances.

According to the expert, in order to hold a doctor accountable, it is necessary to prove three circumstances: causing harm to a patient, culpable improper performance of professional duties, and a causal relationship between violations and consequences.

The quality of treatment is assessed based on medical standards, care procedures, and clinical recommendations. Violations can be expressed both in erroneous actions, for example, the introduction of an incorrect dose of the drug, and in inaction — the untimely appointment of the necessary therapy.

Vysotskaya clarified that the complete lack of necessary assistance, depending on the circumstances, may entail liability under art. 124 or part 2 of art. 118 and 109 of the Criminal Code of the Russian Federation. Improper treatment resulting in serious harm to health or death may be qualified under Part 2 of art. 118 or 109 of the Criminal Code, respectively.

If the consequences do not entail criminal liability, for example, in case of moderate harm to health, the patient has the right to file a civil claim against a medical organization. However, in any case, it will be necessary to prove violations and their connection with the harm caused.

In February, lawyer Alexey Knyazev, in an interview with RIAMO, said that in order to receive compensation for a medical error or poor-quality treatment, it is necessary to collect medical documents, including a complete medical history, and send a written complaint to the clinic. An independent medical examination may also be required. If the clinic refuses to satisfy the claim, it is necessary to go to court, the expert believes, writes RT.

Prior to that, lawyer Zara Gorbushina said that charging for services that are free under compulsory medical insurance is considered a gross violation. The patient has the right to fix it and demand compensation for material and moral damage through the court. 360.ru .

In January, the courts refused to pay compensation for medical error to the victims of substitution in the Soviet maternity hospital, Sergei Stepanov and Andrei Moskalkov. The victims' lawyer, Alexander Zorin, said that the substitution of children occurred in 1989, when the mothers brought children with the same tag.