In this article, we will study the question of where to go and what to do if you have had an unsuccessful operation due to a doctor’s fault.
Many of us have heard of medical errors and the sad consequences of failed health care operations. And some, by the will of fate, had to face this through bitter personal experience. And in this case, it no longer matters to you that it is a tragic accident, a fatal mistake, elementary ignorance or negligence of a doctor. But in most cases, this knowledge can help others not to repeat the deplorable path. Therefore, we simply must understand this.
Unsuccessful operation due to the fault of the doctor: the concept of medical error
Once on the operating table, we always hope for the best. After all, we have no choice but to trust the doctor, his knowledge, experience, and professionalism. If everything goes well, for us the doctor is a real hero. And if any complications arise and the operation is unsuccessful - we will only blame him for lack of professionalism. In fact, not everything is so simple and straightforward. Each practicing physician has his own successes and failures, and this does not always depend on him.
- First of all, it should be noted that the human body is a complex natural mechanism all the secrets of which are still not revealed. And in the field of medicine there is always a factor of unpredictable development of the further situation.
- Therefore, it is not very surprising that modern legislation still does not contain specific definitions, which can be considered a medical error. This question has been raised for many years at various symposiums, congresses and conferences on health care. He is actively circulating in the press, rising in the courtrooms, but the answer to it remains vague. Accordingly, there is no clear distinction between one, the other, and the third; no specific penalties have been identified in the event of a tragic outcome of the operation.
- It is worth noting that a similar situation has developed not only in our country, but also in many countries of the world, whose specialists advocate the most diverse, sometimes contradictory definitions. But in one they are one - the actions of doctors, which entailed a deterioration in the patient’s health after surgery, or his death, should be considered a medical error. If it is possible to prove that these actions were committed due to the negligence of the doctor, in most cases it is possible to bring him to justice.
Causes of medical errors and unsuccessful operations
In addition to this, the legislation defines a number of specific actions, which are the most common causes of medical errors during diagnosis and surgery. The doctors who allowed them can also be held accountable.
- Incompetence of medical staff, lack of education, qualifications and experience. These are the aspects that could lead to an erroneous diagnosis or incorrect actions during the operation.
- Lack of quality equipment.
- Outdated methods of operation. Including personal rejection by the doctor of modern methods and technologies, which led to the deterioration of the patient after surgery or his death.
- Negligence, neglect of work, non-compliance with sanitary standards during the operation. This could lead, for example, to infection of the patient with HIV infection or other viral diseases.
- Patient deterioration due to pharmaceuticals sold by a doctor to a patient without a license.
Types of responsibility of the doctor in case of unsuccessful operation
Well, when the mistake was corrected in time, it did not cause significant damage to the health of the patient. And he, in turn, recovered or rehabilitated after the operation. But not always everything ends happily. And then the doctor can be held accountable, which is divided into:
- disciplinary - the imposition of a disciplinary sanction on the doctor by the administration of the institution in which he works
- civil - satisfaction of the claim for compensation for moral damage by the doctor
- criminal - the act of a doctor, characterized as a crime.
Grounds for relieving the doctor of liability
The legislation spells out a number of cases in which the doctor may be exempted from liability. This is a case, insurmountable circumstances and the patient's fault.
- By case is understood the inability to predict the consequences of surgery or postoperative complications that led to a deterioration in the patient's health or death.
- Insurmountable circumstances - These are factors that are beyond the scope of modern medicine. When even a correctly performed operation was ineffective. For example, with injuries incompatible with life, with sudden changes in blood pressure during surgery, when all the measures taken by the doctor were ineffective.
- Patient's Fault consists in violations of the doctor’s prescriptions in the postoperative period, which entailed a deterioration in health.
Pre-study every little thing
Important: And unfortunately, even positive reviews do not guarantee a successful operation. But nevertheless, do not forget to study the patients well, the level of qualification and even the base of how and with what the procedure will be performed!
How to prosecute a doctor after an unsuccessful operation?
Important: The term for consideration of your application must exceed 30 days.
- In the event of a medical error in the diagnosis, treatment or surgical intervention that caused damage to health, contact the administration of the medical institution with a written complaint.
- The head of the institution must accept the complaint for consideration and notify you of the decision also in writing. Sometimes, if the complications do not have serious consequences, at this stage the situation can be resolved.
- If for some reason you did not receive a response to a complaint or this answer did not satisfy you, the next instance for filing a complaint is The Ministry of Health, which has a representative office in each regional center. You can personally take the complaint to the public reception, send it by mail, to an email address or to the official website. In any case, a complaint must be made in writing. By mail - in the form of a valuable letter with an inventory of the attachment and the preservation of the receipt.
- A complaint may also be filed. to the prosecutor's office, which is the supervisory authority. He checks the implementation of the legislation of the country, which, if it detects actions by doctors qualified as a crime, transfers the materials to law enforcement agencies. Further follows appeal to the court with a statement of claim, reflecting facts of violation of the rights and interests of the applicant.
- If the doctor’s actions are clearly criminal to law enforcement can be contacted directly. After checking and making a decision to institute criminal proceedings, you will receive a copy of the decision.
How to make a complaint?
- The complaint is written on a standard A4 sheet. At the top of the complaint is indicated surname and initials of the head, full name and address of the medical institution, providing low-quality medical services. When compiling a complaint to the prosecutor's office or law enforcement agencies, the same information is indicated.
- Below is the information about the applicant - surname, name, patronymic, address of permanent residence, phone number or other contact information.
- Then the name of the document is written - "Complaint" and detailed circumstances of the claim with dates, specific names and references to the rule of law. In particular, paragraphs of the Constitution of the Russian Federation, Federal Law "On compulsory health insurance in the Russian Federation", guaranteeing the right of everyone to receive quality medical care.
- In conclusion, the patient should state your claim which must be satisfied based on the results of the consideration of this complaint.
Important: It is desirable to provide all documents in the original form. But even if you do not have documentary evidence, this is not a reason to give up. True, issues will be resolved in the trial.