An unsuccessful operation is a doctor’s mistake or an accident: where to contact, what to do, how to write a statement?

In this article, we will study the question of where to contact and what to do if you have an unsuccessful operation through the fault of a doctor.

Many of us have heard about medical errors and sad consequences of unsuccessful healthcare operations. And some will of fate had to face this on a bitter personal experience. And in this case, it does not matter to you that this is a tragic accident, fatal error, elementary ignorance or negligence of the doctor. But in most cases, this knowledge can help others not repeat the deplorable path. Therefore, we are simply obliged to understand this.

Unsuccessful Operation on the fault of the doctor: the concept of medical error

Once on the operating table, we always hope for the best. After all, we have no choice but to trust the doctor, his knowledge, experience, professionalism. If everything goes well, for us the doctor is a real hero. And if there are some complications and the operation is unsuccessful-only we will blame it for unprofessionalism. In fact, not everything is so simple and unambiguous. Each practicing doctor has his own successes and failures, and it does not always depend on him.

• First of all, it should be noted that The human body is a complex natural mechanism,all the secrets of which are still not disclosed. And in the field of medicine, there is always a factor in the unpredictable development of the further situation.
• Therefore, it is not very surprising that modern legislation still does not contain specific definitions, which can be considered a medical error. This issue has been raising for many years to all kinds of symposium, congresses and health conferences. It is actively extended in the press, rises in the halls of the court hearings, but the answer to it remains vague. Accordingly, there is no clear distinction between one, other and the third, specific punishment measures in the event of a tragic outcome of the operation are not defined.
• It is worth noting that a similar situation has developed not only in our country, but also in many countries of the world, whose experts advocate a variety of, sometimes conflicting definitions. But in one they are one - The actions of doctors who entail a deterioration in the patient’s health after surgery, or his death, should be considered a medical error. If you manage to prove that these actions were committed according to the negligence of the doctor, in most cases it is possible to hold him accountable.

Causes of medical errors and unsuccessful operations

In addition, the legislation defines a number of specific actions that are the most common causes of medical errors when making a diagnosis and conducting an operation. Doctors who allowed them can also be held accountable.

• Incompetence of medical personnel, insufficient level of education,qualifications and experience. These are those aspects that could lead to a stagnation of an erroneous diagnosis or incorrect actions during the operation.
• Lack of quality equipment.
• Outdated methods of operation. Including personal rejection by the doctor of modern methods and technologies, resulting in a deterioration in the patient's condition after surgery or his death.
• Negligence, careless attitude to work, Not compliance with sanitary standards during the operation. This could lead, for example, to infection of the patient HIV infection or other viral diseases.
• Deterioration in the patient's health due to pharmaceuticals sold by a doctor for a patient without a license.

Types of a doctor responsibility with an unsuccessful operation

It’s good when the mistake made was corrected in time, did not cause significant damage to the patient's health. And he, in turn, recovered or rehabilitated after the operation. But everything does not always end well. And then the doctor may be held accountable, which is divided into:

• disciplinary- imposition of a disciplinary collection by the administration of the institution in which he works
• civilian- satisfaction of the claim for compensation for moral damage by the doctor
• criminal- The act of a doctor, characterized as a crime.

Grounds for the release of a doctor from responsibility

The legislation prescribes a number of cases in which the doctor can be exempted from liability. This is a case, insurmountable circumstances and guilt of the patient.

• The case is understood The inability to predict the consequences of surgery or postoperative complications that led to a deterioration in the patient's health or his death.
• Insurmountable circumstances - These are factors beyond modern possibilities of medicine. When even a correctly performed operation was ineffective. For example, with injuries incompatible with life, with sudden changes in blood pressure during the operation, when all the measures taken by the doctor were ineffective.
• The patient's fault It consists in violations of the doctor’s prescriptions in the postoperative period, entailing a deterioration in the state of health.

Important: and unfortunately, even positive reviews do not give guarantees about the successful operation. But still do not forget to study patients well, the level of qualifications, and even the base, how and what the procedure will be carried out to you!

How to bring a doctor to justice after an unsuccessful operation?

Important: the deadline for considering your application should exceed 30 days.

• In the case of a medical error in diagnosis, treatment or surgical intervention that caused health damage, Contact the administration of a medical institution with a complaint presented in writing.
• The head of the institution is obliged to accept a complaint for consideration and To notify you of making a decision also in writing.Sometimes, if complications have no serious consequences, at this stage the situation manages to resolve.
• If for some reason you did not receive a response to the complaint or this answer did not satisfy you, the next instance for filing a complaint- The Ministry of Health, whose representative office is in every regional center.You can personally attribute the complaint to the public reception, send it by mail, to the email address or to the official website. In any case, the complaint must be filed in writing. By mail - in the form of a valuable letter with a description of the investment and preserving the receipt.
• The complaint can also be filed to the prosecutor’s office, which is the supervisory authority.He checks the execution of the legislation of the country, which, in the event of actions from doctors qualified as a crime, transfers materials to law enforcement agencies. In the future, it follows appeal to the court with a statement of claim,reflecting the facts of violation of the rights and interests of the applicant.
• With a clearly criminal nature of the doctor's actions to law enforcement agenciesyou can contact directly. After the verification and deciding on the initiation of the criminal case, you will receive a copy of the decision.

How to make a complaint correctly?

• The complaint is written on the standard sheet of A4 format. The upper part of the complaint is indicated surname and initials of the head, full name and address of the medical institution,which has provided poor -quality medical services. When drawing up a complaint to the prosecutor's office or law enforcement agencies, the same information is indicated.
• Below is the information about the applicant - surname, name, patronymic, address of permanent place of residence, phone number or other contact information.
• Next is written the name of the document - “complaint” and Detailed circumstances of the claimswith dates, specific surnames and references to the rule of law. In particular, to paragraphs of the Constitution of the Russian Federation, Federal Law "On compulsory medical insurance in the Russian Federation",guaranteeing the right of everyone to receive quality medical care.
• In conclusion, the patient should state your requirement,which should be satisfied based on the results of the consideration of this complaint.

Important: preferably, provide all documents in its original form. But even if you do not have documentary confirmation, this is not a reason to “give up”. True, issues will be resolved in the trial.

Video: Where to complain about an unsuccessful operation or a medical service provided?