How to sue a doctor?

The courts are generally reluctant to consider such cases. Therefore, before making a claim, you must define for ourselves what is the cause of adverse outcome:

- The natural course of severe disease;

- Accident in medicine;

- Shortcomings of diagnostic and treatment process.

Only the third reason may be the basis for satisfaction of claims.

When filing a claim it is desirable to produce evidence supporting a causal relationship between defects in medical care and there will come the consequences. As the evidence used by any medical records, expert opinions, testimony of witnesses and experts. The more of them will be collected in the trial, the higher the probability of winning.

Algorithm recourse of citizens in connection with personal injury:

1. Collect and copy all medical records available to you on the case: statements, hospital records, medical history, opinions and advice of various experts, help MSEC. If you are unable to obtain any document from the hospital, you can request a court of your request after the filing of a complaint.

2. If the medical profession, for which you were treated, a part of the compulsory medical insurance, should contact the medical insurance company that issued your policy CBOs. At your request the insurance company will hold a free pre-trial examination of the quality of care and give you a reasoned opinion on the quality of curative measures.

3. You can consult a qualified specialist in the field of medicine, whose opinion can argue your position.

4. Write to the authorities of health management with the requirement to consider this case to a special medical commission and give a detailed response to detected violations.

5. Refer to the head of the medical institution, where he was harmed your health with the requirement of a voluntary compensation for the damage.

6. Make a statement of claim in printed form, in compliance with a particular shape.

7. File a claim. Prepared statement of claim can be brought to court in two ways: either bring in person or send by mail.

Plan a statement of claim:

1) Events.

Describe in detail the events from the beginning, not more than 2 pages. Necessary to accurately specify all the dates, names of medical institutions and, where possible, the names of individual employees.

2) Infringements.

Specify what, in your opinion, was flawed from the defendant's employees - was done correctly.

3) Evidence of violations.

If at the time of application you have no such evidence, it is not an obstacle to instituting a civil case, but then be forced to seek evidence in court proceedings.

4) the harm caused.

Describe in detail what you are injured:

- Moral hazard, "the physical and mental suffering", in other words, spiritual experiences and bodily sensations of a negative character;

- Property damage - all costs associated with damage to health that can accurately calculate the (treatment, prosthetics, special. Meals, etc.), including lost earnings.

5) Evidence of harm caused.

Specify the documents to prove injury to health (Help MSEC, the conclusions of experts, receipts, checks, medical advice on the need to purchase drugs).

6) Violation of the law.

Specify which provisions of existing laws violated by the defendant. Typically, this commitment to provide safe health care services of appropriate quality.

7) Claims.

Specify the amount you are asking the court to recover from the defendant. To link to articles of the law, which stipulates the possibility of such penalties.

Next come the words: "I ask the court, and under separate items include the amount of moral damage and damage to property. The claims include non-pecuniary loss and property damages. The amount of compensation for moral damage is indicated by the plaintiff arbitrarily, based on his personal point of view. However, the final amount determined by the court based on objective factors indicating the degree of suffering of the plaintiff, the degree of the defendant's guilt and other circumstances.

8) Appendix.

The statement of claim must attach all documents which you deem necessary for the judge. It is mandatory to attach copies of the statement of claim on the number of defendants.

9) Date. Signature.