Official rating of lawyers and law firms for medical issues in Moscow

Legal advice on medical issues

Health issues concern every person because it is the highest value. And the quality of life directly depends on the state of health. Usually, citizens turn to medical personnel in the hope of receiving qualified assistance, but no one is immune from medical error or from the fact that communication with the personnel may be unsatisfactory. In such situations, it may be very useful to consult with a specialist called a patient rights lawyer.

The purpose of such a specialist is to stand guard over the protection of individuals from all kinds of violations in the field of health care. Why is it worth contacting a person specializing in a narrow area? Since, given the vastness of our legislation, it is possible to keep up with all the innovations and be aware of new practices only by working in one area, for example, medicine. In other cases, attention is scattered and the quality of services suffers, because human resources are limited.

In the modern world, a patient protection lawyer can provide services not only in person, but also online, that is, via the Internet. There are pros and cons to this method.

The advantages include:

• accessibility, such a service is usually cheaper;
• saving time;
• the ability to ask at any time, even at night, as there are online chats;
• You can choose any convenient method (Skype consultation, chat correspondence, simply preparing documents).

The disadvantages include:

• It is more comfortable for a person to receive information in person, to feel out, so to speak, a lawyer, to enter into emotional contact with him; this is difficult through a screen;
• Some people, especially older people, are distrustful of such serious services provided through the network.

Still, this method has more than enough advantages, so users often turn to it.

A medical law lawyer can advise not only on conflict cases, but also explain the patient’s rights, warn against certain actions, and give advice on how to act.

Benefits of a medical lawyer

By ordering the services of a lawyer in medical disputes, the client receives professional support from an experienced, highly qualified human rights defender. A legal consultant will help you collect as much evidence as possible and substantiate your position in court or at the stage of pre-trial settlement of a conflict situation. A medical lawyer will make every effort to ensure that the client can win the case and receive appropriate compensation from those responsible. It should be remembered that an incompetent doctor risks losing his license for his actions. A legal specialist will help achieve this if the health care worker actually caused harm to the patient’s health.

With the participation of a medical lawyer, the dispute settlement procedure takes place in several stages:

• analysis of the circumstances of the case, formation of a package of supporting documentation;
• making an attempt to peacefully resolve the conflict at the pre-trial stage;
• conducting a thorough examination that will help a medical lawyer establish the fact of a medical error and provide a legal assessment of the actions of the health worker;
• assessment of damage caused to the patient's health;
• collection and systematization of information received from witnesses, neighbors and relatives of the client;
• choosing the optimal tactics and position of the patient when transferring the case to court, in which the customer can win the case in the field of medicine.

Medical dispute lawyers strictly adhere to the above algorithm of actions. This allows them, with the maximum probability, to win the next case and defend the legitimate interests of their client. Timely seeking legal services will help to significantly save time and budget, as well as avoid making mistakes when resolving a conflict situation.

Legal assistance to doctors and patients

It is generally accepted that only patients who have received insufficient service receive the help of a lawyer in the field of medical law. But this is not entirely true. In addition to such clients, law firms are increasingly seeing lawsuits against doctors. Moreover, we often talk about criminal liability. And the lawyer’s client is a doctor who wants to protect his reputation as an excellent doctor and not be put on trial for negligence that caused harm or even death to the patient.

In modern times, such a service provided to doctors is more relevant than ever, due to the fact that the number of claims against them is growing exponentially. The real reasons here are unclear; perhaps patients have become more demanding of the quality of services and have begun to study their rights, or perhaps the old-trained doctors have retired, and the new ones are poorly trained. But the result is the same, and it is not positive.

Experts note the presence of gaps that make it difficult to protect the doctor from the patient.

Such gaps include:

1. The concept of “medical error” is not fixed; it is interpreted quite broadly, which in turn entails undeserved responsibility for the doctor who did his job correctly. For example, a patient was taken to a medical facility with a stab wound. The doctors did everything in their power, but the wound turned out to be fatal. And here the relatives may begin to blame the doctor, because the girl was delivered while still alive. And there are a lot of such situations; the doctor really needs legal protection, otherwise it will be more difficult to avoid negative consequences.
2. The work of a doctor is equated in law to the work of a seller or driver, and the Law “On the Protection of Consumer Rights” also applies. Still, there are specifics here, and it is necessary to highlight individual regulations and a separate subject in obtaining an education in the field of jurisprudence.
3. There is no generalization of practice that would allow courts to apply the law uniformly.

At the legislative level, there is no understanding that when dealing with patients who need help, the result cannot be predicted, since organisms and health conditions are different. The treatment method will not always bring the desired result. All this makes doctors vulnerable to the law. And the help of a lawyer to protect the rights of the patient and the doctor will be very useful.

Pricing policy for consultation with a medical lawyer and collection of documents

How to file a complaint with the Ministry of Health about a district hospital?

Every citizen has the right to write a complaint against the district hospital. You can send an appeal either to the regional ministry or to the central office.

The grounds for such requests may include:

• if applications to lower authorities have not borne fruit;
• if such cases cannot be resolved at a lower level;
• a question that cannot wait;
• a matter of public value;
• if local authorities have not responded to the appeal.

Before writing an appeal, you should prepare evidence, then the decision will definitely not be tolerated.
But this is optional. You can submit in several ways:

1. Call the hotline.
2. Via Russian Post - by letter.
3. By calling.
4. Through the official website of the Ministry of Health.
5. Contact the ministry in person.

The response must arrive within thirty calendar days.

How to Contact Medical Lawyers

When answering questions as part of a free consultation, medical lawyers explain how to formulate official requests for documents and their copies that reflect the patient’s real condition at the time of seeking help and during the course of treatment. Legal Supervision lawyers are ready to personally monitor the deadlines for the provision of papers established by federal authorities. Patients or their official representatives, acting on the basis of a power of attorney certified by a notary, have the right to make a request to a medical institution.

Written consultation on the website by filling out a special form

Free consultations with a medical lawyer and the cost of related services (read more...)

Free medical lawyer

Some categories of citizens are unable to pay for the services of a lawyer. Their salary is not enough at all. But this is not a reason to tolerate lawlessness against yourself from medical personnel. Many legal organizations offer a free consultation service for socially vulnerable areas of the population.

Or you can contact a consultation center, where assistance will be provided by novice specialists who are undergoing legal training.

Don’t be afraid to contact students; sometimes they provide better advice than experienced ones, because:

• they have the most up-to-date legislative information, because they also study and follow it;
• when consulting, their mentors are experienced lawyers who also teach at a university;
• they are motivated as much as possible, they are interested in dealing with such issues;
• they are diligent, their eyes are not yet blurred;
• services are free.

The only disadvantage is that not all questions can be solved, since they are based on theory and not on practice. Experience is not enough to know how such cases are resolved by the court.

Free consultation with a lawyer in medical law and the cost of additional services

Based on the documents received, an examination is ordered to determine the quality of medical services. Lawyers will monitor compliance with the procedure for holding the event in accordance with the developed methodological recommendations, which are listed in letter No. 8546/30-5 of the Compulsory Medical Insurance Fund of 2020. Based on the results of the examination, the lawyer can draw up a complaint to Roszdravnadzor, on the basis of which a departmental inspection is scheduled.

• Professional and labor;
• Clinical and functional;
• Psychological;
• Social and household.

Is it possible to sue a clinic for poor-quality medical readings? help?

When it comes to paid services, everything is more or less clear. But what to do if the medical care provided in a state clinic, which provides services under an insurance policy, is of poor quality. Is such a patient entitled to compensation for harm? The answer is undoubtedly positive, because the Law “On Protection of Consumer Rights” also applies to them.

Additionally, if your rights are violated, you should contact the insurance service, which monitors the quality of work performed under the contract. In addition, the right to go to court does not disappear.

Refusal to hospitalize a child in a camp

Poisoning or intestinal infection in the camp Good afternoon. I want to refuse hospitalization of a child from the camp (he is currently there). Because the camp often plays it safe and sends me to the hospital with any ailment. The camp doctor refuses to accept my refusal by email (in scanned form). I am ready to send the refusal by courier, I am ready to have it certified by the gotarius. Tell me how to convey this refusal from the point of view of the law so that it is accepted?

• Study of medical documentation for a specific case.
• Assessing the prospects of winning a lawsuit if necessary.
• Pre-trial conflict resolution.
• Protection of client rights at court hearings.
• Negotiations with opponents.
• Registration of all required examinations.
• Drawing up all necessary procedural documents.
• Appealing the conclusions of medical commissions.
• Appeal and cassation appeals against court decisions.

Refusal to register with a clinic

Sometimes, when a person moves to another city, he cannot be assigned to a clinic due to lack of registration. Is it legal to refuse on this basis? No, since the Law “On the Protection of Citizens’ Health” says that such actions of the registrar are illegal. But the same document states that, along with all the papers, the registrar should present a document that confirms that you live at this place of residence. If you are changing your place of residence for the first time, then such paper is not required. You can complain to the chief doctor, and then to the Ministry of Health.

How to Contact Medical Lawyers

10. The criteria for establishing disability groups are applied after a citizen has been identified as disabled in accordance with the criterion for establishing disability provided for in paragraph 9 of these classifications and criteria.

Hello . My 59-year-old father is not given a group... he has many diseases, but he doesn’t fit in any of them, the degree of the disease is not enough, everything is grade 2, but it doesn’t fit. Is it possible to give a group based on the totality of all diseases? Some city doctors say it can be given. But our rural doctors do not. for general illness.

Illness of a child in a children's camp (read more...)

When is an indefinite disability group eligible?

The person assigned a disability is required to confirm it. Typically, this period is once a year, but in some cases confirmation is not required, and the pension is valid for an indefinite period.

Such persons include:

1. Persons over 60 years of age and 55 if gender is female.
2. Citizens who became disabled during the war.
3. Disabled people of the Great Patriotic War.
4. Having a disease that is listed as incurable.

Even with incurable diseases, you still have to confirm it a couple of times, and then the commission makes a decision on life sentence.

Independent assessment of the quality of service provision by medical organizations

When receiving treatment in a budgetary state clinic, a doctor from the state clinic will conduct a forensic examination when considering a claim for medical error. An expert pre-trial medical examination will not distort the results of a forensic medical examination, since it will be you who will choose it to prevent unlawful changes in data. If necessary, our lawyers will provide support, explain the risks and advise which institution to choose for conducting the examination.

The lawyer seeks:

• full or partial reimbursement of costs incurred for treatment and rehabilitation in case of serious health problems;
• adding costs for current expenses to eliminate defects obtained in medical institutions;
• compensation for physical or moral suffering that affects health;
• compensation for expenses incurred in conducting a court case.

The interests of citizens, by special agreement and certification at a notary office, can be represented by a lawyer in medical disputes. This allows the authorized person to be responsible for the client in all proceedings.

During the entire consultation process, a medical conflict lawyer checks in detail all the necessary documents in order to identify the strengths to defend the position, if possible, persuading the parties in order to streamline the dispute without litigation. Competent execution of the statement of claim, a clearly developed scheme and analysis of the accumulated materials are the guarantor of a positive outcome for the case. That is why independent appeal and initiation of a criminal case by unprepared persons without help and specialized legal advice usually ends in a loss in court. The resolution of any conflicts that arise between the patient and the medical institution must be carried out exclusively within the legal framework.