Legal assistance in concluding contracts of the clinic and the formation of technical documentation of a medical institution
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Considering the security issues of the medical business, we are increasingly seeing a trend among our Clients to develop a complete package of documents for the activities of the health care facility or doctor’s office. Today, it is not enough just to get a Medical License, which covers a part of business security issues.
As the judicial practice shows, the basis of lawsuits in this sphere concerns compensation, including moral harm, and it is already an issue not so much of obtaining permit documents, as the correct development of contractual work, structuring the business itself.
In addition, we get more and more often requests to prepare standard reporting and statistical documentation and forms, which, although not required development (they have already been approved by various state agencies and are mostly available for download on the sites of such authorities), but the correct selection of which, depending on the form of business, specific medical specialties and type of medical care, is still problematic for most medical professionals.
Let’s elaborate in more detail on how to organize the process of your medical business safely, thanks to correctly concluded agreements and execution of reporting documents.
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How will quality agreements and documentation protect your medical business?
Agreements, service delivery reports, and also various information agreements are important in work with the Client because of two key reasons:
1. Financial - they allow you to protect your funds;
For example, according to the decision of the Zhytomyr Court of Appeal dated July 30, 2019 in case No. 273 / 44/19, the person who provided goods as well as facial care services was able to sue the funds that the defendant should have paid, but refused to pay.
The key factors for the court to take the side of the cosmetic and beauty service provider were the following:
- the existence of an agreement with a specific time limit for the performance of the payment obligations under which the court concluded that the obligations must be properly performed in accordance with the terms and conditions of the agreement, and if the obligation has a time limit (date) for its performance, it is to be performed within that time limit;
- the existence of an acceptance certificate confirming the delivery of cosmetics, their quality, etc.
In this case, the beautician was not only compensated for the cost of the provided cosmetics/services, but also collected a penalty under the terms of the agreement for the debtor’s failure to fulfill its obligation.
At the same time, you can also find a court practice, where due to the shortcomings of agreements and service delivery reports, in similar situations, the court denied the claim, which once again shows the importance of the correct arrangement of contractual work and primary documentation.
2. Protection against tort liability.
An interesting example of the role of the agreement in terms of the protection from the claims of patients/clients can be found in the decision of the Kharkiv Court of Appeal of December 12, 2018 in case No. 638/12468/17 on the recognition of the actions of the cosmetology institution as illegal and violating the rights of consumers due to failure to provide a clear, unambiguous and understandable information about the face nano-depilation services, as well as recovery of the funds paid under the agreement and compensation for moral damages.
In this case, the court took the side of the cosmetic institution thanks to the signed information agreement (such agreements are often included in the text of the agreement with the patient). The court concluded that despite the damage caused to the Client, the person was fully and comprehensibly acquainted with the essence of the procedure, its contraindications, requirements before - and after the procedure, the peculiarities of restorative care, as well as possible complications arising, including in case of failure to implement the recommendations. Such document serves as a confirmation that the Client is aware of possible complications after the procedure.
Of course, a quality agreement, information agreement or recommendations about services are not a panacea and will not prevent the Client or patient from suing you. However, in combination with a reliable court representation, such an agreement will be one of the key arguments.
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What is included in the standard documents package?
Standard documentation can be divided into those that are maintained by all economic entities, including:
- Form No. 17, which concerns health workers and individual entrepreneurs. It shall be completed and submitted to the relevant authorities annually;
- Form No. 20, which is used by health care facilities or entrepreneurs with a Medical License to report on various issues, such as offices or branches, employees, etc.;
- Form No. 003-6/o (the patient’s voluntary consent for medical procedures).
On the other hand, there are forms that are specific to a particular type of a health care facility or specialty, including:
- Form No. 043/o (Dental Patient Card);
- Form No. 039-8/o (ultrasound room logbook).
Some cases require even deeper detailed elaboration. For example, there are profile forms for doctors of the following specialties:
- Form No. 037-1/o, which takes into account the work of a dentist-orthopedist;
- Form No. 037-2/o, which takes into account the work of a dentist-orthodontist.
Complete lists of all accounting and reporting documents can reach many dozens of titles and are formed individually for each health care facility, depending on the profile of its work.
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Why is it important to keep documents properly?
The direct requirement to maintain records is stipulated in the licensing regulations, and its ignorance or maintenance with violations may be considered as breach of the licensing regulations, which may result in fines and even revocation of the license.
In addition, health care facilities that want to be accredited must check the quality of the forms, since it is the documentary side that plays a major role for the health care facility in getting sufficient scores to successfully obtain the accreditation certificate.
Professional maintenance of records of the clinic or other health care facility protects your activity from state agencies criticism, as well as from problems with the Clients.
If you want to get high quality legal assistance and bring all the documentation of your business in compliance, don’t hesitate to call us.