Ambulance late ... Who is to blame?
lawyer Tips

"All the cars on the road Wait." - Meets the provider receiving the calls. And when the team, finally arrives, it is too late.

Criticism that the ambulance did not arrive on time or did not come at all, we hear often enough. Fortunately, not all the conditions and diseases that cause dial "03", are equally dangerous to life and health. In response to the message relative excited about a severe headache, tremor, and nausea in the patient, is heard from the handset: "A lot of calls we only go to the heart attacks.". A reasonable question arises: what is required to call an ambulance to arrive, what to do if a team does not arrive, or arrives too late?

In TURN FOR HELP

Unfortunately, official documents, that would have been registered in the Ministry of Justice and the prescribed medical staff need to come to certain challenges, there is still no. An exception is the order of the Ministry of Health on July 16, 1997 № 225 "On Approval of the List of diseases and conditions of foreign citizens requiring emergency medical care." In this list - circulatory diseases (acute myocardial infarction, congestive heart failure, pulmonary edema, and some others), a number of respiratory diseases (bronchial asthma attack, etc..), The defeat of the digestive system (acute intestinal obstruction, etc..) And others. In the case of calls about these diseases and conditions can hope for the arrival of the brigade. Naturally, this applies not only to foreigners, although regulatory gaps sometimes left too much room for excuses shortcomings of medical personnel.
The problem is the need to choose between "dangerous" and "less dangerous" diseases, t. E. The definition of "priority" brigade arrival. It turns out something like: "To the old man with a heart attack will send a team now, and the young" ulcer "have to wait". Plus the lack of the number of cars and other "shortage" due to lack of proper funding of Medicine. industry issues can be a problem of the individual.

WHAT IF "soon" has not arrived?

The answer will depend on the severity, occurring for the patient, and of the reasons because of which the aid has come late or not come at all.
· Assume that the consequences was a serious deterioration in health status in the form of complications that later required prolonged hospital treatment. If the reason for this was the neglect of health care provider to his duties related to the adoption of the calls and the provision of emergency care (relying on "maybe", the provider ignored the message of the symptoms of the disease), such a health professional should be called to account. The most serious type of legal liability is a criminal responsibility, which is provided for failure to help the patient medical worker without a valid reason, if such failure has caused or could cause serious consequences for the patient (Article 139 of the Criminal Code of Ukraine). In the case of recognition of paramedic guilty of this offense, the patient has the right to compensation for damage caused by such an offense.
The most common way of obtaining legal redress to patients property losses caused to him, moral feelings and physical suffering is to appeal to the court for damages and moral damages to the medical institution. It should be noted that, according to the law, a medical institution, as well as any other legal entity shall be civil liability for damage caused to guilty, intentional or careless actions or omissions of its employees.

· Much more common are cases where the patient suffers is not the fault of incompetent medical personnel "ambulance". Not enough gasoline vehicles, doctors .... And all because of lack of funding. Unfortunately, these excuses - a very small consolation for a man forced to spend weeks in a hospital bed because of the untimely medical care provided to him. In this case, the law also allows the patient to receive compensation for damages and moral damages. Here are just a part of participants in the process there will be some changes: the hearings have to visit representatives of bodies engaged in the financing of state and municipal health care institutions - the Ministry of Health, regional health departments, regional state administration, etc...
These things are not easy. Especially problematic execution of court decisions, if they were in favor of the patient: the respective budgets do not contain the relevant items of expenditure. Yet the situation is not hopeless. This is only a victory will be worth a lot to a patient health ... ..

ALTERNATIVE IS!

And what is "private", "ER", which appeared recently and enjoyed sufficient popular with wealthy citizens? No one would buy expensive equipment, medicines, and to recruit highly qualified personnel to constantly bear the loss. Should the team of "neotlozhek" come a call to a patient who is unable to pay the approved rate? The issue is complex and painful for patients and clinics for the owners. The law "solves" this issue.
In accordance with Article 37 of the Fundamentals of Legislation on health care, all health care providers are required to provide first emergency medical care for acute illnesses and accidents. Medicaid provides ambulance service or the nearest medical institution, irrespective of departmental subordination and forms of property with subsequent recovery of costs. Again, when it comes to such reimbursement, such issues leaves much to be desired, but the situation is not completely hopeless.

HOW AND WHEN cause "fast":

• · Clearly describe the health care provider who takes the call and answer the patient's condition to his questions.
• Inquired a provider name that receives the call, ask to call the approximate time in which we can expect a brigade of "first". If, in response to a request followed by a refusal to try to clarify the cause and reminded of their rights.
• If the usual "emergency" refused, as you have no doubt about the need for emergency medical care, you can apply to a paid "fast", even in the absence of funds. Upon arrival crews to give a written commitment as soon as possible to pay for the call.

Radmila Grevtsova,
lawyer, PhD in Law,
managing partner of the law firm "International Law Assistance"