Statistics, how many operations in Ukraine fail, no leads (although, according to Viktor Serdyuk, Vice-President of the all-Ukrainian Council for the protection of the rights and safety of patients, there may be up to 15% of all plastic surgeries, as in developed countries), but occasionally such cases are becoming available to the press - affected patients scandals and are judged to be compensated for the damage and all altered. Sometimes they succeed, sometimes not. We learned how to protect themselves and avoid becoming a victim of a plastic surgeon.
How to choose specialist
Law on plastic surgery and aesthetic medicine in Ukraine there is no. "Plastic surgery are specialists of different surgical specialties General surgery, incoherence, ENT surgeons, maxillofacial surgeons and t.d. - said Vasily Pinchuk, associate Professor of combustology and plastic surgery National medical Academy of postgraduate education named. N.L. Education, the Chairman of the Commission on certification of Ukrainian Association of plastic, reconstructive and aesthetic surgeons. So the first document, which should ask the patient who has an appointment with the specialist in aesthetic medicine - certificate of specialty surgeon. If the specialist offers not a trivial operation (for example, a circular face), then ask him the second document - a certificate of completion of advanced courses on a specific topic of plastic surgery (for example, facial surgery, or plastic surgery of the Breasts). Then check the license of the clinic on the practice of surgery. It must be issued by the Ministry of health of Ukraine. In addition, the patient should inquire about the surgeon, clinic, find patient reviews. To help hover help you in Association of plastic surgeons (www.uapras.org.ua). Then the probability of low-quality services of plastic surgery will be minimized".
On what to look for in the Treaty
A good specialist is a lot, but not all. As they say, "and the marksman may miss". So, to have someone to ask, if the service provided is of poor quality, it is recommended to conclude with the medical facility where the surgery will be performed, a written contract. "The contract should be clearly spelled out what kind of service you intend to provide, cost, what result it can give, etc. - instructs Sergey Antonov, attorney for medical Affairs, candidate of legal Sciences, head of the Centre of medical law, researcher, Institute of state and law named. . M. Koretsky NAS. Not be amiss and computer simulation, if it is in the clinic, then we can more clearly imagine, say, a form value will be the chest, nose or ear after surgery. After printing the simulation results, the patient and the hospital liaison is desirable to put a signature on this "project", then there will be talk that "I expected one thing and got another". Also in the contract must be listed potential operational risks and complications, the obligations of the clinic in the case of poor services provided. Often in the agreement (or amendment thereto) are specified, what can be the consequences after the operation (which is no fault of the doctor), for example, scars, reduction of sensitivity, swelling, soreness for some time, discoloration of the skin in cold weather, etc. After payment operations, it is important to take the current document is an invoice or a receipt for cash income check - without this you can prove in which case, how much you paid for the service, will be difficult,".
The patient note
1. Find out about clinics and specialists, see photos of "before and after".
2. Check the license of the clinic for surgical practice.
3. Read the certificate and its certificate of completion of courses of thematic improvement.
4. Inspect the entire body - suddenly you have contraindications to surgery or indications for therapeutic treatment.
5. Don't do surgery without a written contract with the clinic on the health service, which covers all the risks.
6. Take a check or cash payment receipt services.
7. If you are dissatisfied with the result of the intervention, immediately connect the lawyer.
If you have suffered
The probability of damages clinic depends on legally if you have received the services and any documents you have on hand. "Ideally, if the patient on the hands of the agreement and receipt of services, " says Sergey Antonov. In this case, usually it is not difficult to get medical deficiencies and complications. In practice, they do not want to lose the patient, claims and actions is a powerful publicity as the clinic and the doctor - if he had committed gross violations and errors, you may lose a well paid job and even more never to work in the field of plastic surgery - information about the errors of plastic surgeons is distributed not only among patients but also among employers. But it happens that the doctor is not guilty - then without a lawyer cannot do (and it is better to consult with him before his visit with claims to the clinic not to make legal errors). Even if you only document on payment operations, likely to protect their interests rather high.
But if documents are not any, then to seek compensation will be hard. In this case, the procedure is as follows: aggressively treat the claims to the person who you operated (in most cases he will try "quiet" and free to solve all problems). - informs lawyer. - If he is not going to meet, you need to formally apply to the management of the medical institution where you operated, require a statement from your medical card (if there is such, of course, designed with full information of what the intervention was conducted and who was doing. In order to legally fix the negative consequences of failed transactions, please refer to another professional and ask conclusions about the health status. Collecting documents, please contact the authorities for consumer protection, the Prosecutor's office, in court, everywhere you can prove your case and get compensation. In practice, after treatment of the patient in control and law enforcement agencies to this intractable teachers themselves often offer it. If such suggestions are not followed, or you do not what is not agreed, it is possible (with the assistance of a lawyer who specializes in medicine) file a claim in court, which will decide on the payment of just compensation".
Personal experience
Andrew Stasiuk, lecturer at Lviv Academy of arts, was injured nose. "I lost my appearance, complains Andrew - I was embarrassed to go out, to come to work. I started to ask friends of doctors who would help me. One of them, who introduced himself as a plastic surgeon, convinced me to do it in one of the Lviv hospital operation - set of artificial implant that corrects the shape of the nose. I didn't know whether he had a license, did not sign any documents, just paid on hands $ 250 and believed in me the belief that the doctor will not be able to harm. The surgery was done. It has been two weeks. I took the bandages. Seen I was unpleasantly surprised: nose in places incision was red, with a scar. But the doctor reassured me, saying, thou shalt anoint the ointment, and all healed. I did as advised by the doctor, but for two or three weeks it got worse: the nose is swollen, redness increased, appeared purulent discharge".
Several months passed. Andrew again went to the doctor, demanding help. "Then I noticed in the clinic for other people, dissatisfied with the results and wished I didn't pay attention, what are these people and why are they here before. Every time the doctor gave new assignments, the sufferer obediently did "voluntary" donations to the hospital Fund, and it only gets worse. Andrew went on the advice of Professor at the Lviv medical Institute. The expert gave his opinion: the graft is infected, it needs to be removed. Had a second operation with the other specialist. "Only then did I learn that before the surgery, the surgeons are obliged to acquaint the patient with the upcoming risk, says Andrew, " and to do it they have the right, only if I put a signature on paper".
The source of the infection was removed, but now the teacher was left without a nose. To restore justice failed even after contacting the police and the institution of a criminal case: the investigation found no corpus delicti in the actions of the doctor, though it appeared that he was not a plastic surgeon, and dentist and had the dubious right to conduct such operations. Connecting a good lawyer, Andrew without court was able to make the payment of moral damages (the amount he would not disclose) and signed by the doctors of the hospital, where he was hurt, contracts, under which they pledged to restore the person.
Opinion
Denis Yurchenko, head of the surgical Department of the clinic of aesthetic surgery Virtus:
"Because doctors really happen missteps, and even the venerable experts. As the saying goes, even the best doctor can make a bad operation and even the worst it can do well. It is the human factor. But similarly, patients themselves are to blame for the fact that there are adverse effects after intervention. First, because beg the doctor to do some operation when a specialist does not see it any readings and warns that "this you don't have". In this case, after surgery increases the risk of complications and guilt surgeon it. Another option is when patients hide that suffer, for example, allergies or have any chronic diseases such as diabetes mellitus (in the clinics of the patient must check with all parties, but to foresee all 100% is impossible). After the intervention, the patient may not adhere to doctor's recommendations on the treatment of the postoperative period. For example, if the doctor recommends to limit physical activity or not to smoke, and the patient does not follow these tips, postoperative wound will heal for longer than prescribed. And if after liposuction, the patient will have everything indiscriminately, then the extra weight will regain it much faster than he would like".
Roman Filipjev, attorney for medical Affairs of the company "bison":
"If the patient suffered slightly, and to resolve the issue is not a problem, especially if the time to connect a lawyer who does not bring the matter to court. This must not be done, firstly, for the reason that he simply may not have enough patience to wait when it will end: this case can be seen up to 3 years or more (one of the reasons is the lack of a law on plastic surgery). And, secondly, because the other side can also connect to the process, "greased" (a resource at the clinic is always greater than the patient) and the decision will be made not in favor of the victim (especially that final decision forensic doctors and medic medic "eye will not pick out"). But if the patient suffered severe injuries and is recorded in the Bureau of forensic medical examination, then the court has no other choice but to appoint mountain professionals measure of criminal punishment and compensation".
Source:
Today
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