The interaction between doctor and patient is aimed at improving the health and prevention of disease in a person in need of help. As a result of such interaction, misunderstandings and claims directed to the healthcare provider may arise. In this situation, a conflict arises, the solution of which falls on the shoulders of the doctor and threatens the medical institution with litigation.
Managing partner of the law firm «Status» and a highly qualified specialist in resolving issues of medical law, Ruslan Perfect, agreed to share the main principles for resolving a conflict situation in the medical field, and also helped to understand the current legislation regarding the protection of the rights of a doctor and a medical institution. More information in the article estet-portal.com.
Basic principles for overcoming a conflict
Р.С.: Every doctor should keep in mind the basic principles of resolving conflicts that arise in the medical environment, namely:
1. The decision of the conflict situation should not be entrusted to the doctor.
The manager of the medical institution should coordinate actions in case of a conflict situation.
2. Individual approach to conflict resolution.
Only a detailed examination of the situation that led to the conflict can help in choosing tactics. A targeted analysis will confirm or refute the doctor's guilt and contribute to the resolution of the disputed situation in the most democratic and fair way.
3. Attracting qualified specialists.
Recourse to lawyers should take place at the initial stage of a conflict. As a rule, medical institutions neglect this principle and turn to specialists at the stage when a number of mistakes have been made, which is much more problematic to deal with.
A solid background of highly qualified legal protection – a guarantee of the doctor's confidence and peace of mind.
4. Translating the conflict into writing.
The client feels the responsibility of what is written. 50% of the cases in which the dissatisfied consumer was asked to record complaints in writing ended with the withdrawal of previously made complaints.
Patient Weaknesses:
• statement of claims in writing (official correspondence);
• risk of losing in court with subsequent reimbursement of the cost of defense of the medical institution against which the patient made claims.
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Legal protection of the rights of medical institutions and employees
Р.С.: The fundamentals of the Ukrainian legislation on health protection say that a doctor has the right to refuse to manage a patient if the latter does not comply with medical prescriptions or the internal regulations of a healthcare institution, provided that this will not threaten the life of the patient and the health of the population.
Criminal liability of a doctor and causes of conflicts with patients
The doctor is not responsible for the health of the patient in the event that the latter refuses medical prescriptions or the patient violates the regimen established for him.
Basic Constitution in Medicine – Law "Fundamentals of Ukrainian Legislation on Health Protection"
The doctor and medical institution are released from liability if two conditions are met:
1. providing information to the patient about medical prescriptions, recommendations and internal regulations (which is confirmed by the presence of the patient's signature on awareness),
2.
Thank you for staying with estet-portal.com. Read other interesting articles in the "Plastic Surgery" section. You may be interested in Psychological types of patients of plastic surgeons and features of working with them
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