The lawyer warned about violations in the sale of medical services
Persistent advertising of medical services may violate the law if services are imposed on the patient or mislead him. Ilya Rusyaev, a lawyer and founder of the Rusyaev Club business community, told Izvestia about this on April 16.
"The violation begins where they promise a free examination or a preferential quota, but in fact a healthy person is given an alarming diagnosis and immediately taken to a cashier or a credit manager," he said.
According to the expert, marketing remains legitimate if the information about the services is reliable and the patient is informed in advance about the cost, risks and alternative treatment options. However, any medical intervention is possible only after voluntary informed consent.
Rusyaev explained that the reason for the complaint may be price concealment, the imposition of additional services, or pressure to make an immediate decision without the possibility of obtaining a second opinion. He added that in the event of a dispute, the patient has the right to request copies of all documents, including the contract, receipts, estimates and medical reports, as well as to file a complaint with the clinic management.
"For imposing additional services under part 2.1 of Article 14.8 of the Administrative Code, a fine of 200 to 500 thousand rubles is threatened to a legal entity. <...> Money, losses, moral damage plus a consumer fine of 50% of the amount awarded are collected in court. If the diagnosis and urgency were deliberately invented for the sake of a loan, the qualification goes to Article 159 of the Criminal Code on fraud, and the sanction is tightened when using official position," he said.
According to him, in order to protect his rights, it is important to record evidence — to keep correspondence, call recordings, documents and witness statements.
On February 16, Alexander Khaminsky, head of the Law Enforcement Center in Moscow and the Moscow Region, said that medical care in a private clinic can be obtained not only for cash, but also under a compulsory health insurance policy. According to the expert, this rule applies to all regions of Russia, regardless of where the policy was issued.
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