The child was hospitalized: what rights do parents have?
When children get sick, and even more so get to the hospital, worries and worries fall on their parents. And if during this period the struggle for the health of a child turns into a struggle with doctors, it takes away the forces needed for something completely different.
Most often, in a situation of sudden childhood illness, with trauma and other health troubles, parents lose confidence. Little knowledge of what to do is incomprehensible, and doctors speak exclusively in command tone.
But the law supports parents in this situation. Moms and dads (and their loved ones) have enough rights, you just need to know about them. Very often, self-righteousness can improve the psychological climate, make the parent and doctor allies and accelerate the recovery of the child.
By law, a patient is considered a child under 15 years old. Further, the child acquires the rights and realizes them independently. The exception is a teenager suffering from drug addiction. He gains the right to independently resolve issues related to personal health, a year later – at 16 years old.
How to organize a joint stay?
Can I stay in the hospital with my child? This question is asked by almost all parents of hospitalized children. Often, relatives are not allowed to go to the baby or are limited in time for their joint stay. For a child, this is always an injury, especially when he is ill and wants his mom or dad to be around.
As noted by the lawyer, President of the Patient Advocates League, Alexander Saversky, there is a general constitutional right to freedom of movement. “No one has canceled it. But it should not violate the rights of third parties – that is, it is important not to make noise and not disturb others. Usually parents already know this. Doctors should not interfere with being near the child. ” Saversky emphasizes that if the child has not reached the age of 4 years, parents have to be with him always and in any situations, including in intensive care.
Every year, up to 12 thousand small patients get into intensive care in Russia, but parents are not always allowed to see them. The struggle for the rights of parents and children to be together intensified after the story that happened several years ago, when Nadezhda Pashchenko with difficulty, but achieved the opportunity to be with her dying son Misha. She is convinced: at the last minute of a person’s life, a loved one should hold the hand.
What to do if parents are not allowed?
If parents are not allowed to see the child, firstly, you need to write a complaint about the actions (inaction) of the medical staff or orally complain to the head doctor.
Parents have the right to contact the prosecutor
It is necessary to describe the situation and report a violation of the rights of the child. It is worth mentioning that depriving a child of the presence of a parent nearby brings suffering. This already falls under child abuse.
In accordance with the last paragraph, parents, family members or the legal representative are given “the right to stay with a child for free in a medical organization while providing him with medical care in stationary conditions during the entire treatment period, regardless of the age of the child.” Although there are exceptions: in the burn center, where sterility is required, the parents are unlikely to be allowed.
There is no legal ban on visiting moms and dads of their children in intensive care. But not everyone knows about it and obeys the internal requirements of the hospital.
If the rights of the parents and the child are still violated, it is necessary to require a justified written refusal from the attending physician (department head, head doctor) indicating the normative document, on the basis of which the hospital representatives are not allowed to the child.
Doctors most often pursue their own goals: they want peace and quiet, and the “inadequate mothers” who cry and ask a bunch of questions interfere with them. But parents have the right to be with their child during hospitalization.
An important point: a parent is not obliged to pay to lie in the ward with a child, just as he is not obliged to wash the floors in the corridor – often mothers undertake any dirty work in the hospital or pay everyone only to be allowed into a sick child. It is illegal.
Moreover. With joint hospitalization, the parent is placed on sick leave: a sheet of temporary disability. And further. All adult family members are entitled to lie with a child in the ward. Who it will be, not doctors decide. And you can also change.