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Childbirth under the contract: the subtleties of the conclusion of the contract

Childbirth under the contract: the subtleties of the conclusion of the contract

A contract for childbirth is a contract for the provision of medical care, which guarantees the expectant mother not only service in the institution chosen by her during childbirth and the postpartum period, but also a certain set of benefits. It can be concluded both with the maternity hospital itself (medical, perinatal center, etc.) and with the insurance company.

What nuances should be taken into account when signing this document?

If the contract is signed directly with the maternity hospital, then an agreement for the provision of medical services is concluded. Relations between the parties are regulated, among other things, by the law “On Protection of Consumer Rights”, because the expectant mother is a consumer of services.

And in this case, the woman has more opportunities to make a complaint to the maternity hospital.

If the contract is with the insurance company, the situation becomes more complicated, since insurers are intermediaries between the expectant mother and the hospital. In this case, the leading and guiding force will be another law – “On health insurance of citizens in the Russian Federation”.

You can sign an agreement both at the company’s office and with its representative in the chosen maternity hospital. In the first case, the expectant mother buys a voluntary medical insurance policy and receives a list of maternity homes with which the insurer has contracts.

When contacting any of them the woman in labor is placed in the paid department. It is difficult to choose a specific doctor in this scenario.

The second case provides more benefits. The insurance agent and employees of the paid department of the maternity hospital will be able to give detailed answers to all questions, conduct a tour of the maternity hospital, advise the duty team or personal doctor.

And although the future mom gets all the same VHI policy, the contract accompanying him will be more detailed.

But in a barrel of honey there is also a fly in the ointment: the client pays not only the insurance policy, but also the agent’s remuneration, because of which the contract is more expensive.

Childbirth under the contract: the subtleties of the conclusion of the contract

By entering into a contract for paid childbirth, a woman has the right to choose a doctor, a ward, if she wishes, a husband or other close person can attend the birth. In addition, relatives can visit a young mother immediately after the birth of the baby.

The document specifies the conditions of stay in the postpartum department: the type of ward (for 1 or 2 people, “suite”, the chamber of mother and child’s joint stay), the presence of a telephone, TV, refrigerator, etc. in it.

And then there are the nuances. And to pay birth was as comfortable as possible, when signing an agreement we must not forget about the details. And above all – immediately find out whether the estimated date of delivery does not coincide with the planned closure of the hospital for sanitation.

In this case, you will have to choose another institution.

When a contract is signed with an insurance company, there should be a list of proposed medical institutions in the contract or in an annex to it. If a woman chooses a particular maternity hospital and a particular doctor, it is necessary to indicate the name of the institution and the last name, first name and patronymic of the doctor. Otherwise, the agreement is likely to state that the doctor of the highest category who is on duty on that day will give birth.

Who will they, the future mother will know only during childbirth.

No doctor will ever give a guarantee that the birth of a baby into the world will pass without a hitch. So it is better to immediately choose an operating obstetrician-gynecologist.

Otherwise, in an emergency case, a cesarean section will be performed by a surgeon on duty.

Pay attention to the term of the contract, the size, terms and procedure for payment of services or payment of insurance premiums.

The agreement should specify the possible types of anesthesia during childbirth. When a woman wants to give birth without resorting to anesthesia, it is necessary not only to prescribe such an option in the contract, but also to determine the procedure for recalculation.

It is important to clarify whether the means that enhance or slow down the generic activity will be used, and to provide for the possibility of voluntary refusal to use these drugs. It is also better to fix the chosen technique of labor management in the contract.

The future mother has the right to independently form a team of specialists who must be present at birth (obstetrician-gynecologist, midwife, anesthesiologist, resuscitator, neonatologist). In addition, one of the clauses of the contract for childbirth may be the requirement to provide an experienced nurse to care for the newborn if the mother after the birth wants to rest.

It is also better to stipulate in advance the duties of the hospital staff if the mother or baby needs emergency resuscitation or diagnostic assistance. Otherwise, you will be required to pay separately for such services or you will have to hospitalize a mother or baby at the place of registration of one of the parents under the compulsory health insurance program, that is, to the free department of the municipal hospital.

It is necessary to fix how many days mother and baby will be in the maternity hospital. Over the term, they may be detained solely on the written conclusion of the doctor.

Provide such an option and ask in the contract to indicate how much each additional day spent in the hospital will cost.

Record in the agreement that if a mother has a postpartum complications that have developed within 7 calendar days after birth, hospitalization is guaranteed.

It is also useful to find out whether medical care is provided after discharge from the hospital (ultrasound, consultations, check-ups). If so, how much and for how long.

And, finally, the contract should state what responsibility the maternity or insurance company bears to the client, how and in what order they will compensate for the improper performance of the contract.

The terms of the contract always provide for the liability of the parties. For example, if the future mother is not immediately placed in a single room provided for under the contract, the woman has the full right to demand payment from the hospital for each overdue day.

A claim for pecuniary damage can be filed against the insurance company or medical institution. Maternity hospitals prefer to solve all disagreements amicably and return the money without bringing the case to court.

But with the insurance company often have to sort things out in court. But in any case, the claim must be submitted in writing and seek its registration.

Regardless of compensation for material damages, it is also possible to claim compensation for moral damage. This is provided for in Article 15 of the Law “On Protection of Consumer Rights”.

True, in fairness it must be said that in Russia the courts assess moral damage in purely symbolic amounts.

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