Refusal or Delay of Hospitalization
The patient was sent home although their condition required observation, examination or treatment in a hospital.
MEDICAL DISPUTES
Medical Disputes Lawyer
We handle disputes over the quality and timeliness of medical care: refusal or delay of hospitalization, defects in diagnosis and treatment, harm to health, death of a patient and compensation for moral harm. We first study the medical records and evidence, then assess the prospects of court proceedings.
When It Makes Sense to Review a Medical Dispute
Not every unfavorable treatment outcome means a violation. In medical disputes, it is first necessary to reconstruct the factual picture: what happened to the patient, what care was required, what the doctors actually did and which consequences could be linked to the identified violations.
Defects in Diagnosis
The necessary examinations were not carried out in time, the disease was detected late or the existing symptoms did not receive proper assessment.
Defects in Treatment
There are grounds to believe that medical care was provided late, not in full scope or with violations.
Harm to Health after Medical Care
After treatment, surgery or another medical procedure, the patient’s condition deteriorated and the causes of what happened need to be established.
Death of a Patient
Relatives want to understand the quality of the care provided, establish the presence of violations and determine the grounds for compensation for moral harm.
Dispute over Compensation
The medical organization denies the violations, or the parties disagree on the grounds or amount of the compensation sought.
Nikolay NemkovManaging Partner, Konsultant Law Firm
NIKOLAY NEMKOV ON MEDICAL DISPUTES
Nikolay Nemkov on Medical Disputes
We handle disputes over the quality and timeliness of medical care: refusal or delay of hospitalization, defects in diagnosis and treatment, harm to health, death of a patient and compensation for moral harm. We first study the medical records and evidence, then assess the prospects of court proceedings.
Evidence First — Court Strategy Second
01
Review the Source Documents
We understand the medical and procedural history of the situation.
02
Identify Legally Significant Violations
We do not replace analysis with an assumption of a “medical error”.
03
Assess the Evidence
We check what is already confirmed by documents and what still needs to be proved.
04
Determine the Role of the Expert Examination
We understand which medical questions require special knowledge.
05
Formulate the Claims
We determine the legal structure and the amount of the claims in light of the particular case.
06
Conduct the Court Proceedings
We prove the violations, work with expert findings and the objections of the other side.
What We Do in Medical Disputes
Reconstruct the Chronology
We review the patient’s visits, hospitalizations, examinations, treatment and the sequence of events.
Analyze the Documents
We study the available medical records, test results, conclusions, correspondence, responses of medical organizations and other materials.
Determine the Subject of Proof
We separate the unfavorable treatment outcome from the specific violations that may have legal significance.
Build the Evidence Position
We determine which additional documents need to be obtained or requested and which circumstances should be examined by experts.
Work with the Court-Ordered Expert Examination
We formulate legally significant questions, analyze the experts’ conclusion and compare its findings with the other evidence in the case.
Represent the Client in Court
We prepare the procedural position, claim, objections and motions and participate in the court proceedings.
Support Enforcement
After the court decision, we separately monitor the question of actual enforcement if it falls within the agreed scope of work.
What Claims May Arise in a Medical Dispute
The set of claims depends on the circumstances of the particular case. After analyzing the documents, we determine which methods of protection have factual and legal grounds.
- compensation for moral harm;
- compensation for harm caused;
- reimbursement of confirmed expenses;
- claims connected with poor-quality provision of paid medical services;
- establishment and proof of violations in the provision of medical care;
- court costs;
- other claims corresponding to the circumstances of the particular dispute.
From Our Practice
The Absence of a Direct Link to Death Did Not Preclude Compensation
In one of our cases, a court-ordered expert examination identified defects in the provision of medical care: underestimation of the severity of the patient’s condition and untimely hospitalization.
At the same time, the experts did not establish a direct causal link between the identified deficiencies and the patient’s death.
The court concluded that this does not exclude the medical organization’s liability for an independent violation of the patient’s rights and the moral suffering caused to his wife.
Our client was awarded RUB 500,000 in compensation for moral harm. The decision became final and was enforced — the client received the awarded money.
Results in Real Cases
RUB 500,000
Recovered RUB 500,000 from a Hospital for Defects in Medical Care
The patient was twice refused hospitalization despite a serious condition. A court-ordered expert examination identified defects in the medical care. The court awarded the patient’s wife RUB 500,000 in compensation for moral harm. The decision became final and was enforced — the client received the awarded money.
View All Cases
Konsultant Law Firm
The firm has been practicing since 2007. We handle litigation and complex legal matters for businesses in Krasnoyarsk, Moscow and other regions of Russia.
Since 2007
in legal practice
1,000+
court proceedings
Across Russia
Krasnoyarsk • Moscow • other regions
In a Medical Dispute, a Poor Outcome Alone Is Not Enough
The court must establish not only the unfavorable outcome itself but also the actual circumstances of the provision of medical care.
The medical records, the sequence of the patient’s visits, the test results, the actions of medical professionals, the clinical picture and the findings of a court-ordered expert examination may all be of key importance.
Different claims require different structures of proof. For example, the question of harm to health and the question of compensation for moral harm due to a violation of the patient’s rights are not always resolved in the same way.
Before filing a claim, it is therefore important to determine what exactly was violated, which circumstances need to be proved and which evidence will be required for that purpose.
HOW TO START
How the Work Begins
01You Describe the Situation
What happened to the patient, which medical care was provided and which documents are available.
02We Review the Medical Records
We reconstruct the chronology and identify the legally significant circumstances.
03We Assess the Prospects
We determine which violations can be proved and which claims make sense to bring.
04We Handle the Matter
We prepare documents, work with the expert examination and conduct the court proceedings.
MANAGING PARTNER
Konsultant Law Firm Lawyers
Managing Partner, Konsultant Law Firm
Nikolay Nemkov
More than 20 years of practice in complex property and corporate disputes. Practicing insolvency practitioner.
Questions about Medical Disputes
Is it always necessary in a medical dispute to prove that the doctors’ actions caused the deterioration or death?
No. This depends on the nature of the claim. For some claims, the causal link is of key importance. In other situations, a proven violation of the patient’s rights in the provision of medical care may be an independent ground for compensation. The legal structure must be determined in light of the particular case.
Do I need a medical expert examination before going to court?
Not always. In many court disputes, the expert examination is ordered directly by the court. Before filing a claim, it is important to collect the medical records and determine which circumstances require special medical knowledge.
What should I do if the medical organization denies the violations?
The denial itself does not determine the outcome of the case. The court assesses the medical records, the experts’ conclusions and the other evidence. It is necessary to establish the specific actions or omissions and their legal significance.
How is the amount of compensation for moral harm determined?
The amount is determined by the court in light of the specific circumstances of the case, the nature of the moral and physical suffering, the nature of the violation, the degree of fault and other circumstances. There is no fixed tariff for such disputes.
Can the relatives of a deceased patient claim compensation?
In certain circumstances — yes. It is necessary to establish which rights of the relative were violated, what moral suffering was caused and whether the grounds for the medical organization’s liability provided by law exist.
If the court awarded money, does that mean it will automatically reach the client?
No. The court decision and the actual receipt of the money are different stages. After the decision becomes final, separate work on its enforcement may be required.
Need to Understand the Quality of the Medical Care Provided?
Tell us what happened and provide the available medical records. We will assess the facts, the evidence and the prospects of court proceedings. If we see grounds for protection, we will propose a further strategy.