Patient's rights: can they be protected?

With the onset of 2012, the Russian Federation Law "On the Fundamentals of Health Care of Citizens" came into force in Russia. Thus, the old "Fundamentals of the RF Legislation on the Protection of Health of Citizens" of 1993 was declared invalid. What has radically changed in the healthcare sphere, and has the protection of the patient's rights been affected by the introduction of legislative innovations? Let's try to figure this out.

The obvious slack in the Russian legislation - and not only in terms of healthcare - is the apparent inconsistency of the theory prescribed in the laws, with the practice that we observe daily. In the law we read about the respectful attitude of medical staff to patients, but in fact we see queues in the stuffy corridors of polyclinics, patients who spend half a day on a gurney in the waiting room, while the doctor fills a bunch of bureaucratic forms. The law speaks about free treatment, but in fact, in order to receive this treatment, you must wait for your turn for several months or ... pay. The law guarantees you the right to refuse treatment and medical intervention, but in fact the pediatrician intimidates you by the court in case of refusal to vaccinate the child. How to protect the rights of the patient?

Let's look at some of the most frequently violated rights and determine ways to deal with such violations.

The so-called "free treatment". If the delay in treatment or examination threatens your life, you simply have to be examined or treated. If your health condition allows you to wait, then you have the right to choose - wait or pay. Ask the doctor to prescribe you treatment on the basis of already submitted tests (conducted survey). If there is no medication prescribed by the doctor in the hospital, but it is listed on the list of CHI as the patient's right to receive free medical care, you can purchase this medicine at the pharmacy, but keep the goods and cash receipts, then contact your insurance company to recover the money spent. In case the doctor offers you to buy a drug that is a more effective analogue free of charge, he has the right to offer you this choice. And you have the right to choose. If you are sick and have been prescribed treatment, ask the insurance company if you are obligated to pay for certain examinations, procedures and preparations.

The innovation of the Law of 2012 is that now the rights of a patient being treated in a hospital (hospital) provide for the presence of one of his relatives nearby. If the patient is less than 4 years old and there are medical indications that he needs constant care, the law guarantees a joint and free stay in the ward of one of the relatives. After reaching the patient of 4 years of age, you have to pay for the cot and food.

The new Law retains patients' rights to refuse medical intervention and the choice of a doctor. Now all the consent and refusal of treatment, vaccinations, operations, etc. Must be executed in writing and be certified with the signatures of the doctor and the patient (or his representative). Clearly prescribed cases where medical intervention is carried out without the consent of the patient. The patient's right is to choose a doctor, but the law provides that a call to a doctor who does not serve this site can not be carried out under the MHI policy.

Along with other well-known guarantees to the patient, such as preserving medical confidentiality, obtaining full information in understandable language about his state of health, receiving medical nutrition in the hospital and reimbursement of harm caused by a doctor's negligence or improper treatment, the new law guarantees such patient rights as a priest's admission And the provision of premises for the ritual, the admission of a lawyer to protect their rights.