In practice, the patient (independently or with the help of a lawyer) successfully realizes his right to receive money for moral damages, taking advantage of formal errors of the medical organization. The court, in deciding on the validity of the patient's request for moral damage caused to him, starts from the fact that the patient has been informed about the method (recipe) of the treatment, about any change in the treatment plan, about the outcome of the treatment and the consequences of the treatment (including any complications) in advance - up to the start of the treatment within the framework of a written contractual relationship. Usually such information is received by the patient when the patient's informed consent for the provision of medical services is drawn up. If it is possible to demonstrate in a documented manner the fact that the patient was informed of all of the above, there is a sufficient guarantee of protection against any unreasonable demand of the patient to compensate any damages (including moral), and reasonable claims do not lead to unjustified monetary losses . (Garasimchuck, 2016) Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essayTypical errors on the part of doctors are:The fact of informing the patient and the patient's consent to treatment (changing the treatment plan, refusal of treatment, refusal of treatment after the start of treatment, etc.) are stipulated orally and, in case of need, their availability is very difficult to demonstrate. In most cases, the patient who has claims against a medical organization denies the fact that he was informed and the fact that consent to medical intervention, if any, was expressed orally. Accordingly, against his word there are only verbal assurances from the employees of the organization that all requirements stipulated by the legislation have been met. In practice this leads to the fact that the medical organization cannot document its legitimacy and loses the case. It is not necessary to count on the moral and ethical decency of the "conflicted" patient. Hence the main formal principle of providing medical services (especially paid ones): document all the main points in writing (even before the start of treatment). Particular attention should be paid to the quality criteria or treatment outcome. Do not promise (or imply) a complete restoration of health if modern medicine cannot guarantee it. The patient should be informed that one of the following will occur following treatment: healing, improvement, no change (i.e. no worsening). Evaluation of quality criteria (treatment outcome) can be done using any other terminology, including medical terminology. It should be noted that the patient may not have special medical knowledge, so medical terms should be explained in a form accessible to the patient. (Tidy, 2016)The written record of the fact that the patient is aware of the treatment plan, the consequences of the treatment, the treatment methods experienced with this sensation, etc., is made untimely. This is the date on which the patient is informed and their consent for medical intervention is obtained. It is not always possible to establish the date of this consent on the documents present in the organization. In particular, when a person's informed consent is issued with a separate document, the date is not always reported. Sometimes such a document specifies a later date than the documents setting the start of the provision of medical services. In these cases, the patient who has a compensation claim denies having been informed.
tags