The Russians were forbidden to do ultrasound on oral recommendation
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The court decided to carry out this procedure only with the direction of a doctor.
The Supreme Court forbade performing an ultrasound procedure without a referral from the attending physician. The patient who turned to Themis tried to prove that this rule violates the Law on Consumer Rights Protection, as it forces clients to waste time and money on unnecessary consultation.
As MK found out, the lawsuit was filed by a woman who was refused to conduct a study without first visiting a specialist. The Muscovite found herself in a difficult situation: a doctor at a state clinic recommended that she perform an ultrasound scan, and the woman chose a private clinic for the procedure. However, the institution refused to do a study without a referral issued by their doctor. The conclusion of the attending physician from the state clinic did not suit private specialists: it did not include a referral to a specific organization.
The patient went to court – she considered that the requirement to indicate a specific institution in the recommendation deprives her of the opportunity to choose a clinic to her taste and budget. In addition, the woman was outraged that in a private clinic she was actually forced to spend time and pay for an unnecessary consultation with a doctor who, as part of the appointment, would write out a referral for an ultrasound scan. According to the accepted norms, in medical institutions of the Russian Federation, research is carried out as prescribed by the attending physician or a paramedic or midwife. The decision on the possibility of an ultrasound is made by the doctor of ultrasound diagnostics, taking into account the validity of the appointment.
The plaintiff demanded a revision of the rules for the provision of paid medical services, approved by the Government of the Russian Federation. But the court upheld the existing order.
The woman disagreed and went to the Supreme Court. She tried to prove that a doctor’s recommendation without a referral to a specific paid clinic is enough to perform an ultrasound. The Supreme Court confirmed that the patient retains the right to choose a private clinic. But the direction of the attending physician must be properly executed. The court did not agree that the obligatory visit to the doctor before the ultrasound procedure could be considered as an unnecessary burden on patients. The verdict of the highest instance is to keep the current norms of the law.
Newspaper headline:
Ultrasound was forbidden to do on oral recommendation
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