On the recognition of the final conclusions of medical and pharmaceutical control as illegal

No.6001-23-00-6ap/458 dated 08/22/2023

Plaintiff: A.S.

Respondent: Russian State Institution "Department of the Committee for Medical and Pharmaceutical Control of the Ministry of Health of the Republic of Kazakhstan for the region"

Interested parties of LLP "B", LLP "K", LLP "F"

The subject of the dispute: on the recognition of the final conclusions No. 11 and No. 12 of January 25, 2022 as illegal

Review of the defendant's cassation appeal.

PLOT: Based on the inspection appointment acts No. 11 and No. 12 dated January 18, 131, 2022, according to A.S.'s complaint about the substandard provision of medical services, the Department conducted unscheduled inspections at LLP "B" and LLP "K".

Based on the results of the audit, the final conclusions of the Department (acts) No. 11 and 12 dated January 25, 2022 were drawn up. According to the final conclusion No. 11 dated January 25, 2022, patient A.S. underwent surgical treatment reasonably, promptly and according to indications.

There are no postoperative complications. The presence of granulations during wound healing (during treatment at the K clinic) is a natural process of the postoperative course of this disease. There are no comments on the patient's management tactics during surgery and in the postoperative period. The surgical treatment was carried out in full and performed technically correctly.

A.S.'s complaint about the quality of the assistance provided in "K" LLP is unfounded. According to the final conclusion No. 12 dated January 25, 2022, patient A.S. underwent surgical treatment reasonably, promptly and according to indications.

There are no postoperative complications. There are no comments on the patient's management tactics during surgery and in the postoperative period. The surgical treatment was carried out in full and performed technically correctly. A.S.'s complaint about the quality of the assistance provided in LLP "B" is unfounded.

However, violations were revealed during the preparation of medical documentation: when discharged from the hospital patient's medical record dated October 25, 2021, K.B.'s doctor indicated the diagnosis incompletely. In particular, a grade 2 rectocele had to be added to the diagnosis (D12.8) of benign neoplasm of the rectum, although this diagnosis was made in the protocol of the operation.

Also, in this statement, the name of the operation "Extended surgical biopsy, excision of a hemorrhoid with pararectal tissue" does not include levatoroplasty. In this regard, an order was issued to LLP "B" on the elimination of violations dated January 25, 2022. According to the response of LLP "B", doctor K.B. was brought to justice in the form of an oral warning.

Having disagreed with the above conclusions, the plaintiff appealed them in court.

Judicial acts:

1st instance: the claim is partially satisfied.

The final conclusion of the Department No. 12 dated January 25, 2022 regarding LLP "B" was declared illegal.

The Department is charged with the duty to eliminate the violations committed by canceling the final conclusion No. 12 dated January 25, 2022 within one month from the date of entry into force of the court decision.

The claim for recognition of the illegality of the final conclusion No. 11 dated January 25, 2022 in respect of LLP "K" was denied.

A particular definition has been made.

Appeal: judicial acts are left unchanged.

Cassation: judicial acts are upheld.

Conclusions: In accordance with paragraph 42 of the Rules for Organizing and Conducting 132 internal and external examinations of the quality of medical services (care), approved by the order of the Minister of Health of the Republic of Kazakhstan dated December 3, 2020, a complaint of disagreement with the conclusions of the external examination is submitted to a higher state body (higher official) or to a court in accordance with the requirements of the legislation of the Republic of Kazakhstan. Kazakhstan.

The courts, partially satisfying the claim, proceeded from the conclusion of the commission of forensic medical examination dated June 10, 2022, No. 2069/50.

This evidence was recognized by the courts as reliable, since as a result of verification it was found out that it corresponds to reality.

 

 

 

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