Representation of interests of medical organizations in court
Not every conflict in the medical field can be resolved out of court, including through mediation. Therefore, both the patient and the medical institution must defend their position in court. In this case, a full-time lawyer of a medical institution or a professional legal representative in the field of medical disputes is obliged to:
- acquaint with the available documentation, including medical documentation;
- form a legal position, having previously analyzed the testimony of the procedural participants;
- request and collect the necessary documents;
- represent the institution interests in a quality manner in the judicial sitting;
- exercise all the rights and powers necessary to protect the client’s interests;
- if necessary – to challenge court judgments in higher instances.
Please note that only a highly qualified and professional lawyer should represent the interests of a medical institution, since possible errors in identifying the subjects of evidence and in the process of collecting evidence, as well as inaccuracies in the arguments, can lead to an undesirable court judgment. At the same time, it will not be possible to state new evidence and arguments, because upon appeal and cassation, the issue of violations of substantive and procedural law is considered, and not an incorrect assessment by the court of the evidence submitted by you.
Documents required to protect the rights of a medical institution
The most important stage of preparation for court proceedings on the part of the medical organization will be the complete preparation and analysis of the available documentation, since the absence of licenses or documents confirming the personnel qualifications practically deprives the medical institution of the opportunity to win the process.
Therefore, for the high-quality implementation of the protection of the medical institution interests, a lawyer must collect the following documents:
- constituent and registration documents of a medical organization;
- licenses of a medical institution, doctor;
- a document confirming the doctor’s qualifications;
- an employment contract, a contract concluded between a medical institution and a doctor;
- a document confirming the powers of a lawyer to represent the interests of a medical institution, a doctor;
- testimony of participants in the proceedings, third parties, witnesses regarding the subject of the dispute.
The procedure for considering medical disputes in courts is not much different from the usual civil or economic process, and nevertheless, the guarantee of a decision in your favor will only be the high-quality work of a lawyer, as well as assistance in this matter of a medical institution.