Plastic surgery takes one of the first places in claims for poor quality medical care. Some of the claims are subjective in nature, when the patient did not like the result of the work of the plastic surgeon, and some are related to poor quality medical services and harm to the health of patients. The consequences of poor-quality plastic surgery include an allergic reaction to drugs, rejection of implants, suppuration, scars left after surgery, local necrosis, hematomas and other adverse consequences.
The causes of complications may be different, it may be an individual feature of the body, but most often the causes of complications are incorrectly selected drugs, incorrect tactics of medical intervention, unprofessionalism or negligence of doctors, that is, the so-called “medical errors”. Victims of medical errors can expect to receive compensation for harm caused to their health, but more on that later.
It is impossible to insure against a medical error or “blooper”, as doctors say, even the most eminent surgeons are mistaken, but you can reduce the risks by collecting information about the doctor you plan to go to under the knife and the clinic where he works.
Of course, the first thing to do is to inquire about the reputation of the plastic surgeon and the clinic where you plan to have the operation. Now there are a lot of open sources with which you can find almost any information about any doctor, including reviews of his work.
In addition, the clinic must have its own website, which publishes information about the licenses of the clinic and the types of medical care provided in accordance with such a license, as well as about the doctors themselves, their education and valid medical certificates.
Paid medical care can be provided only on the basis of an agreement on the provision of paid medical services, which prescribes what exactly the doctor must do, what operation, in what time frame, what materials will be used in this case.
The clinic is obliged to get you a medical record, which includes all the manipulations, the stages of preparation for the operation and the operation itself, as well as postoperative observation, if provided for by the contract.
Needless to say, consumables must have appropriate certificates, and medical devices and medicines must be registered in the prescribed manner.
Based on the results of the operation, the clinic must issue a discharge summary indicating the intervention performed, and also sign an act of service provision with you. I don’t think it’s worth mentioning that all receipts for payment for the operation must be kept.
The contract for the operation and receipts for the provision of medical services will be useful in refunding personal income tax, and in case of adverse consequences of the operation, they will be proof of the fact of medical intervention for you.
If you have any complications upon completion of the postoperative intervention, we recommend contacting the clinic that performed the operation – with a claim for poor quality services. The clinic, by virtue of the current legislation, must assemble a medical commission, check the quality of the operation performed, the quality of filling out the medical documentation, examine the patient at the request of the patient and issue an opinion on the causes of complications. If the clinic has recognized the existence of a medical error, you have the right to claim compensation. Depending on the degree of harm caused by a medical error, we can talk about the return of funds for poor-quality work, and about compensation for a second operation, if there is evidence for this and about compensation for moral damage.
If the clinic refuses to contact you, does not respond to complaints, does not collect a medical commission and otherwise avoids resolving the dispute,
Already with a copy of the medical record and with additional examinations, if any, you can contact the experts to conduct an independent examination of the quality of medical care. This is an expensive pleasure, so it is worth assessing the feasibility of conducting an out-of-court examination.
The results of inspections by regulatory authorities, namely Rospotrebnadzor and Roszdravnadzor, at your request, will show how well the clinic approached the provision of medical services to you. The act of checking the above organizations can be used in court as proof of your case.
In particularly difficult cases, if there is evidence of harm to health of moderate or serious harm, it makes sense to contact the Investigative Committee to establish whether the actions of the doctor who committed a medical error contain corpus delicti.
An application for the recovery of compensation for poor-quality treatment is submitted to the district court at the location of the clinic or at your place of residence.
The court will consider the evidence and evidence of the clinic submitted by you and, if the clinic is guilty of causing harm to health, will seek 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 attorney who can represent the interests of the patient or his representatives in the judiciary.