Can you sue a doctor for wrong diagnosis? The lawyer of the family of the deceased in an accident with Efremov denied compensation data
Doctors are called to help people. Unfortunately, in difficult situations, they are not always able to save the patient, because the countdown is carried out for seconds, and each decision made can be fatal. Judging doctors for not being able to heal everyone is wrong because they are just human beings.
However, as this guide to nursing mistakes on lawtx.com highlights, in some cases, a deplorable outcome could have been avoided had it not been for the negligence and carelessness of medical staff. Such behavior must be called out, and the perpetrator must be punished. After all, the rights of patients must be protected! If this negligence caused a patient’s death, then it’s important that the family do consider taking legal action against the medical staff.
Wrongful death is a serious allegation, but it does happen in medical settings. Doctors can misdiagnose and can cause the patient’s death. If that happens, the family should contact an experienced lawyer to make sure they can take legal action. Hopefully, this will help the family to gain compensation.
So what to do if the doctor makes the wrong diagnosis?
Features of the crime
Cases in which medical errors are considered are considered one of the most difficult cases in legal practice. Patients often remain dissatisfied with the work of doctors, but do not always decide to start a trial, because evidence is needed to establish the incorrectness of a medical officer.
So, it is necessary, first of all, to establish whether the diagnosis was made incorrectly due to the fault of the doctor (due to his carelessness or negligence ). For this purpose, a medical examination is carried out.
Using the results of the tests, specialists recreate the situation in which the accused doctor finds himself when making a diagnosis. If, based on these data, experts conclude that any doctor of the appropriate qualifications could make the correct diagnosis, then there are grounds for calling a negligent doctor to responsibility.
Thus, an incorrect diagnosis is punished when it was admitted through the fault of the doctor. This can be simple laziness, ignorance (cases of professional illiteracy are frequent), inattention or prejudice towards the patient, in a word, an irresponsible attitude towards one’s duties.
Further, you will learn about what to do if the doctor has diagnosed the patient with the wrong diagnosis: how to punish him and where to turn (to complain). Can you sue a doctor for wrong diagnosis
Algorithm of action of a patient with a medical error
When the patient has reasons to suspect that the diagnosis was made incorrectly (most often, this becomes clear from the deterioration of the person’s condition), this assumption should be confirmed or refuted.
Where to go?
See the following video about why the wrong diagnosis made by a doctor is so dangerous:
instances that you can contact if you find a mistake doctor.
It’s most logical to start with the administration of the hospital itself, because if you immediately contact higher institutions, you will still be redirected there in order to find out the circumstances on the spot. Can you sue a doctor for wrong diagnosis
Administration of a medical institution whose doctor diagnosed incorrectly
The first thing to do is to write a complaint to the head of the department in which you were treated incorrectly, or immediately to the name of the head doctor if the situation is difficult.
Most often, the problems that arise are resolved at this stage. The actions of the doctor are reviewed by the management, and if they are deemed incorrect, your claims are satisfied.
If the hospital administration does not go to the meeting, responding with a refusal (in response to a complaint must be made in writing), you should complain further.
Ministry of Health
The territorial branch of the Ministry of Health can be found in each subject of the Russian Federation. At this body, there is always a public reception in which complaints from the public are accepted. After all, the purpose of this organization is to control the work of medical institutions. Can you sue a doctor for wrong diagnosis
You can file a complaint with the Ministry of Health in several ways:
Send paper by mail;
Send a complaint letter by e-mail;
Leave the complaint text on the official website.
As in the case of the hospital administration, you must answer, and in the form that you indicated in the complaint. 30 days are given for consideration of the application.
Since it is the duty of the prosecutor’s office to monitor compliance with the current legislation by citizens and organizations, making a complaint to a doctor to this body is quite natural.
To defend their rights, everyone can file a lawsuit in court. However, it should be remembered that your claim must be substantiated and supported by evidence in the form of a sick leave, an outpatient card, test results, as well as appointments.
It is with the help of the court that compensation can be obtained when the management of the clinic refuses to solve the problem peacefully.
Compensation in favor of the plaintiff will be requested from the organization in which the doctor who made the wrong diagnosis works. After that, the hospital can recover these funds from a negligent employee. Can you sue a doctor for wrong diagnosis
A lawsuit is filed in the usual manner. All necessary documents are attached to it.
In some cases, the negligence of doctors leads to significant consequences, described as serious harm, the infliction of which by negligence is punishable according to article 118 of the Criminal Code of the Russian Federation.
In addition, neglect (293 article), non-compliance with accepted sanitary and epidemiological standards (236 article) and concealment of certain circumstances that led to poor human health (237 article) may result in contacting the police. Can you sue a doctor for wrong diagnosis
Extremely rare cases of intentional infliction of grievous harm are found (article 111).
The fact that you are being treated incorrectly should also be reported to the insurance service, which will ensure the examination. Can you sue a doctor for wrong diagnosis
If the mistake was made by a doctor at a private clinic, all the above measures are also applicable. In addition, you can contact the department of Rospotrebnadzor, which monitors the work of all enterprises and legal entities.
There is no fixed sample complaint to the doctor (including the pediatrician) about the wrong diagnosis, so we’ll only list a few recommendations for its preparation, which will make it possible to concisely and accurately state all the facts: Can you sue a doctor for wrong diagnosis
Application header. It is written, as is customary, in the upper right corner of the sheet. This should contain the following information:
- Name of the body to which the complaint is sent;
- Name and position of the person to whom the paper is addressed;
- Personal data, including name, phone and address;
- In the center of the sheet under the heading you must indicate the name of the document: “Complaint against the
- doctor” or “Claim”;
- Main part. Here you need to briefly and succinctly state the situation, if possible refer to the law, which, in your
- opinion, is violated. It should also point to the evidence;
- Making requirements (taking measures in connection with the negligent attitude to the work of medical staff, calling
- to responsibility, punishment, redress);
- Date and signature of the applicant;
- List of attached documents.
The rules for filing a lawsuit in court can be found in article 131 of the Code of Civil Procedure of the Russian Federation. In principle, it will contain the same information. In addition, it will be necessary to indicate the fact of taking pre-trial measures, that is, an attempt to resolve the issue with the hospital administration before filing a lawsuit. Can you sue a doctor for wrong diagnosis
Read about what the doctor faces for a wrong diagnosis in accordance with the articles of legislation.
Responsibility of the doctor and medical institution for the wrong diagnosis and treatment
Criminal liability for a mistake in appointments, which led to grave consequences for the patient’s health, and for criminal negligence of doctors is rarely condemned, and, as a rule, such a case gets a wide response. Can you sue a doctor for wrong diagnosis
According to Part 2 of Article 118 of the Criminal Code of the Russian Federation (Causing grievous bodily harm through negligence), a person who improperly performs his professional duties can be punished in various ways:
Restriction of freedom (up to 4 years);
Forced labor (up to a year), supplemented in some cases by a ban on professional activities for a period of up to 3 years;
Imprisonment (up to a year) with a ban on professional activities (up to 3 years) or without.
When applying to the court, a patient who has been diagnosed incorrectly is guided by article 1064 of the Civil Code, which establishes that harm caused to a person by another person must be compensated. In this case, the material compensation, the amount of which is determined in court, is paid by the hospital. Can you sue a doctor for wrong diagnosis
Remember, no matter what happens, you should defend your rights! Have you revealed your medical secret ? Health providers denied assistance ? Did you find out about egregious cases of unlawful removal of organs from a person or a criminal abortion ? Then immediately report such atrocities to the appropriate authorities. the only way we can fight for our rights! Can you sue a doctor for wrong diagnosis
The following video will tell about a blatant case of irresponsibility of doctors who diagnose the child incorrectly:
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