According to the law, everyone has the right to protection of health and the right to guaranteed medical assistance provided without charge in accordance with the program of state guarantees of free medical assistance to citizens, as well as to receive paid medical services and other services, including in accordance with a voluntary health insurance contract.
Replacing free medical care with paid medical services is unacceptable. The offer to pay for free medical care guaranteed by the state as free medical care is a violation of your rights.
The current legislation provides each patient with rights. The rights of the patient are universal, they apply in any situation of medical care.
The right to choose a doctor and a medical organization
To receive free medical care, you have the right to choose a clinic or hospital, as well as a doctor. When choosing a doctor and a medical organization, you have the right to receive information in a form that is accessible to you about the medical organization and its activities, as well as doctors, their educational level and qualifications.
The patient has the right to demand the replacement of the attending physician. If the patient requires the replacement of the attending physician, the head of the department or medical organization should facilitate the patient’s choice of another doctor.
The right to receive information about his or her rights and obligations, state of his or her health, choice of persons to whom information about his or her state of health can be transferred.
The federal law and the by-laws adopted to implement it offer the patient to take a more active position in resolving issues of protecting his or her health, regulating in detail the requirements for informing patients about their rights and obligations, about their state of health, about factors affecting their health, and providing other information necessary for the patient, to become a full participant in the medical care process. One of the tools to exercise this right is informed voluntary consent, which is a prerequisite for any medical intervention.
Informed voluntary consent is the informed personal consent of the patient or his/her representative to medical intervention, given on the basis of full and comprehensive information about the goals, methods of medical care, the risks associated with them, possible options for medical intervention, its consequences, as well as about the expected results. This information should be communicated to you by the attending physician or another medical professional in an understandable form, that is, the information process should be carried out in such a way that an ignorant person has a certain competence regarding his or her state of health, and those manipulations that are planned in relation to him or her by medical workers, indications and contraindications for treatment. This is especially important for surgery. The consent obtained is signed by the patient or his/her representative and is included in the medical documentation.
Health information cannot be provided against your will.
In the process of providing medical care and subsequently, you have the right to directly get acquainted with medical documents reflecting the state of your health, receive documents, their copies and extracts from medical documents, including for consultation with other specialists.
The right to get specialist medical advice
Patients rarely use this right. Not only the doctor but also the patient has the right to decide that he or she needs a consultation of a specialist. But this right has certain limitations. For example, you will be denied this right if it is not possible to convene a consultation or if there is no appropriate medical specialist. One option for exercising this right is to use a “second opinion”. In this case, the patient or his/her representative must request the appropriate medical documents (or copies thereof) and seek the advice of another doctor.
Insured persons have the right to contact their insurance medical organization, which organizes a full-time examination of the quality of treatment, an expert evaluation of the recommendations received by the patient.
The right to refuse medical intervention
You have the right to refuse medical intervention, and such a refusal can be either complete or partial: you are entitled to refuse treatment or disagree with any specific proposal of the doctor but continue to be treated, refuse the proposed manipulations or treatment methods. If you refuse medical intervention, the possible consequences of such a refusal should be explained to you in an accessible form. Refusal of medical intervention should be recorded in medical documentation.
In a number of cases strictly defined by the law, medical intervention can be performed without the consent of the patient, for example, when it is necessary for urgent reasons to eliminate a threat to a person’s life, if the patient’s condition does not allow him/her to express his/her will, or by court order in cases and in the manner that established by law.
The right to pain relief associated with the disease and (or) medical intervention, available methods and drugs
Many diseases are accompanied by painful manifestations that prevent a person from living a full life. Acute and chronic pains give the patient a lot of trouble. Therefore, despite the fact that medicine considers its primary goal the treatment of the disease, the preservation and extension of life, the legislation established this right of the patient. This right follows the duty of medical personnel to relieve pain in accessible ways and means. The use of painful methods of diagnosis or treatment without proper analgesia is unacceptable.
The right to medical nutrition in the case of a patient being treated in a hospital
A healthy person eats what he or she likes. Sick people are actively taking medicines and forget about such a reliable and constantly acting therapeutic agent as diet food. A correctly selected patient’s diet is of great importance not only for restoring the losses occurring during the illness in the body and for maintaining strength, but also as an effective therapeutic agent. Modern science has established that the diet has a certain effect for any disease and in some cases has a decisive influence on the course and outcome of the disease. The diet and methods of processing food products largely depend on the nature of the disease, its stage, and features of metabolic disorders. The diet recommended by the attending physician is an essential part of the general treatment for all diseases without exception. Without a diet, even the most active treatment cannot be effective. Therefore, the provision of medical care in a hospital environment includes the organization of therapeutic nutrition for patients.
The right to prevention, diagnosis, treatment, medical rehabilitation in medical organizations in conditions that meet sanitary and hygienic requirements
In accordance with the law, this right is realized by creating conditions in medical organizations that are safe from the standpoint of sanitary rules and norms, that is, those under which external factors will not pose a threat life and human health. Patients need to know that there is a fairly extensive list of sanitary norms and rules designed to protect it from various negative consequences of violation of sanitary and hygienic requirements, such as nosocomial infections, postoperative complications caused by hygiene disorders by medical personnel, complications after various kinds of manipulations, performed in violation of the requirements.
The right to protection of information constituting medical confidentiality
Information about the fact of applying for medical care, the patient’s health status and diagnosis, other information obtained during the medical examination of the patient and his/her treatment, constitute medical confidentiality. Medical organizations are required to create a system of organizational and technical measures aimed at ensuring the confidentiality of information constituting medical confidentiality. Medical workers are not entitled to disclose information about the patient (without his/herconsent) that they became aware of in connection with the performance of professional duties, except in cases established by law.
The right to get compensation for harm caused to health in the provision of medical care
If the patient’s health was injured or death occurred as a result of dishonest fulfillment by medical and pharmaceutical workers of their professional duties, the perpetrators are obliged to compensate the victims in full and in the manner prescribed by the legislation, including compensation for moral damage. According to the law and other regulatory legal acts, the healthcare industry as a whole, the licensing of medical activities and the legal relations system for protecting the health of citizens are structured in such a way that in the event of a medical error by the personnel, the responsibility is the medical organization that provided the poor-quality medical service. This to a certain extent increases the victim’s chances of real compensation for harm.
The right to admission of a lawyer or legal representative to protect rights
The patient, a weakened person in a difficult life situation, should have additional guarantees that his or her legitimate interests will be protected. One of such guarantees is the right granted by the law to admit a patient to a lawyer or other legal representative who have the right of free access to a patient during inpatient treatment. One of the parents or another member of the family is given the right to stay with the child for free in a medical organization while providing him or her with inpatient care during the entire treatment period, and when staying with a child under four years of age (and with a child older than this age – if there is medical evidence) a sleeping place and meals are presented. This right may be limited by the attending physician, for example, when quarantined in the department or when the patient is in the intensive care unit. In this case, the patient’s representative needs to contact the attending physician, who is obliged to receive visitors at certain hours, in order to receive information of interest to him/her, and in cooperation with him/her, decide on ensuring the rights of the principal or the child. If actions in the interests of the patient are justified and lawful, all officials of the medical organization must respond to your appeal and take measures to protect the rights and interests of the patient you represent.
The right to admit a clergyman and to provide conditions for the performance of religious rites
In the process of treatment and care, the support of family, relatives and friends, as well as spiritual support is especially important to the patient. Based on the principle of priority of the patient’s interests in the provision of medical care, the law establishes the only restriction on the performance of religious ceremonies in a hospital – when such actions violate the internal routine, that is, interfere with the normal functioning of the institution.
The law establishes a requirement for medical professionals to comply with ethical and moral standards. Respect for the patient is part of the professional duties of the doctor. Tactless and neglectful attitude to the patient may serve as a reason for seeking compensation for moral harm.
In case of violation of rights, the patient or his/her representative has the right to appeal to the guilty medical worker or the medical organization in which he or she receives medical care, to the public health authorities.