Right to health

Right to health 1 5

All about pregnancy

Right to health

We plan pregnancy and childbirth

In your life came a happy moment of waiting for the baby. When the joys and emotions on this occasion a little subside, you will start to think about where and how you will register for pregnancy and where you would like to give birth.

Yulia Sakovich Lawyer, Moscow

Your rights

The Constitution of the Russian Federation provides for the state guaranteed by the state the right to health irrespective of sex, race, nationality and place of residence. Therefore, every woman who expects a child has the right to medical care and supervision in state and municipal health institutions free of charge from the resources of the appropriate budgets, insurance premiums and other receipts. Recently, in a women's consultation, a woman has been prescribed a so-called generic certificate, which is designed to provide additional funding for consultations and maternity hospitals. This document confirms the fact that the woman was provided with medical care throughout pregnancy and during childbirth.

The certificate has two coupons - one serves to pay for the activities carried out by the women's consultation regarding the pregnant woman (observation by the doctor, collection of mandatory tests, examinations), and the second - to pay for maternity services. These medical institutions transfer coupons to the Social Insurance Fund, and the latter, in turn, transfers funds to them. To receive a certificate, a future mother should bring her passport, a compulsory health insurance policy and a state pension insurance card to the consultation. It is important that the certificate is issued for a period of 30 weeks, subject to continuous monitoring in this consultation during the last 12 weeks. The woman does not receive money herself, since the funds in a certain proportional proportion go both to the medical equipment of the medical institution (and in the maternity home - also to medicines) and to pay for the work of the staff. Therefore, it turns out that the future mother, giving preference to a certain women's consultation and maternity home, herself determines a medical institution that will receive support from the state. Of course, in principle, the quality of service in consultation does not affect the transfer of public money under the certificate, and in case of violation of their rights, a woman can file a complaint with this institution or apply to the court. But nevertheless these institutions had an incentive to be better than others, there is a healthy competition, beneficial both to him and the woman, the newest equipment and medicines are acquired, the conditions of the woman's stay in the medical institution are improved. It should be noted that such a state program is only intended for state institutions, which means that it does not apply to any private clinics and maternity hospitals. In addition, we must remember that without a timely issued certificate, you can give birth only in the hospital at the place of residence.

Possible problems

However, in practice, everything is not so simple. In any case, remember that consultations should not be denied to you in reception, for example, because of living in another district of the city - this is a violation of Art. 17 Fundamentals of Health Legislation. An exception are small towns and settlements where the choice or transfer from one consultation to another is impossible simply because a doctor serving a statutory number of patients simply can not take someone else, and it is extremely inconvenient for the woman herself to travel to a neighboring village , which can be far enough.

In the consultation itself, the doctor is usually appointed by the head of the medical institution or at the option of the woman, but again, provided that the desired number of patients has not yet been assigned to the desired physician, although for this it is necessary to write an application and explain to the general doctor the reasons why it is desirable to have medical care specific physician.

According to the legislation on health protection, everyone has the right to information about their state of health. As can be seen from the above, this applies to everyone, including the future mother. But, unfortunately, doctors often ignore the natural and legitimate desire of a woman to know what is happening to her during this or that period of pregnancy, for which she needs to take prescribed medicines and vitamins, whether she is all right and is okay with the baby. However, a woman "in the position" in an accessible form (through explanations to an inexperienced person in medicine) can obtain information about her condition available to the doctor, including information on the results of the surveys, the presence or absence of diseases related or unrelated to pregnancy, about diagnosis, methods of treatment, taking into account its position (since many drugs penetrate the placenta to the fetus, their purpose should be carefully and carefully weighed), the possible options for medical intervention and their aftercare dstviyah. In addition, a woman, if desired, can directly get acquainted with the medical records reflecting the state of her health and the health of the child who has not yet appeared. If necessary or if there are doubts about the diagnosis (for example, a woman suspects a medical error due to ignoring the doctor's anamnesis, lack of the necessary examination of a pregnant woman, haste and negligence in the treatment of clinical data and laboratory tests), it is possible to consult another doctor or other specialized specialists . At the request of a woman, she must be provided with copies of medical documents (an outpatient card, the results of examinations, tests, ultrasound). If the doctor offers any medical intervention or sends to the hospital for preservation if there is a threat of termination of pregnancy, you can refuse, although the patient should be explained the possible consequences. Such a refusal is documented in a medical record; in the card (together with the clarified consequences), and signed by a woman and a medical worker. In this case, all responsibility falls on your shoulders, since no one can force you to go to hospital because you need your voluntary consent. The doctor will only continue to monitor your condition and, if necessary, again offer you to go to the hospital.

All information concerning pregnancy is a medical secret, and its disclosure is not allowed without the consent of the woman herself, except in the cases specified in the law. Such an exception is, first, the establishment of the fact of pregnancy of a minor up to 15 years old to notify her parents or other legal representatives, because by her age and inexperience she herself can not and should not decide whether to continue or abort pregnancy; secondly, the existence of grounds to consider that the pregnancy was due to rape; thirdly, at the request of the bodies of inquiry, investigation, prosecutor and the court in connection with the conduct of the trial; and, finally, in the examination and treatment of a woman who is unable to express her will because of her condition, for example, with pronounced signs of a mental disorder.

If you have chosen private medicine

Often a woman chooses to monitor her pregnancy is not a regular consultation, but a paid medical center or private clinic. To do this, it is necessary to conclude an agreement with the agency on the provision of paid services. At the same time, you act as a consumer, and therefore this kind of relationship is regulated by consumer protection legislation. First of all, check the availability of a certificate and a license for a selected type of activity, find out how many years the institution operates. "What are the peculiarities in working with clients? The agreement that will be concluded between you and the medical center should specify conditions and terms for receiving medical services , the procedure for settlements, rights, duties and responsibilities of the parties. Carefully read the contract before signing it, and specify all the details you are interested in. Paid services must comply with the requirements for diagnostic, prevention, treatment methods permitted in the territory of the Russian Federation. Calculation for the provision of paid services should be carried out by a medical institution with the use of cash registers (you should be given a check certifying and confirming the payment made by taking cash). As consumers, patients of private clinics and medical institutions providing paid medical services have the right to demand compensation for damages caused by non-fulfillment or improper fulfillment of the terms of the contract, compensation for damage in the event of harm to life and health, and compensation for moral harm.

In conclusion, I would like to say that you can and should use your legal rights (and, of course, do not abuse them), be able to defend your interests - and then you will be all right.