Judicial Board on civil cases of the Supreme court reversed the decision of his colleagues on the dispute of the patient with the commercial medical establishment. A resident of Vladivostok did not agree with the amount I had to pay commercial the hospital for the surgery. The woman first exposed by 168 600 rubles, and it paid off. But then, the amount began to grow very fast, and in the end, the patient took 472 690 rubles.
yesterday’s Attempts of the patient to return the overpaid money and endless trips to the hospital yielded nothing. The woman requested an estimate for treatment, to understand, for which she paid almost half a million. But the clinic in correspondence with yesterday’s patient to enter was gone and on her request didn’t even answer. Then a citizen appealed to the court. Asked to return paid in excess of the original price money – 304 thousand roubles, plus payment for moral damages.
First, pervorechensky district court of Vladivostok, and then and Primorsky regional court choir refused the plaintiff’s request. But yesterday, the patient did not accept and appealed to the Supreme court.
the Judicial Board on civil cases of the Supreme court, her case has been reviewed and said that the woman was absolutely right. According to the Supreme court, violations of the law during the consideration of this case was admitted as district and regional court.
that’s what I saw in this case, the Supreme court. Between our heroine and the commercial company providing medical services, an agreement was signed on the paid services. Under the contract the citizen is obliged to pay the firm the cost of services rendered. The list of services under the contract is determined “on the basis of an oral or written request of the patient and is confirmed by his signature.” The total amount of services – 472 690 rubles. The plaintiff overpayment amounted to 304 090 rubles. According to an agreement in the case, the final price is determined “after the service is provided and according to the price list”.
twice Firm provided services for the plaintiff. First in April and then nine months later again. In April, the total value of services amounted to 257 291 rouble. The amount entered operation for the same 168 600 rubles, and “concomitant treatment” for 88 691 ruble – tests, diagnostics, hospital stay and tricks with advice.
nine months later, the woman paid this firm over another treatment 237 291 rouble. In its lawsuit, the citizen referred to the fact that the cost of the surgery she paid, but what took it over the exposed amount are illegal levies. The plaintiff referred to in their demands to the law “On protection of consumer rights”.
the Supreme court began its explanation of the law “On protection of consumer rights”. This law regulates relations between consumers of goods, works or services and those who render them. A citizen has the right to demand gratuitous elimination of defects, reduction of price ��vypolnennoj work. And the consumer is entitled to withdraw from the contract and to demand full compensation of losses, if spelled out in the contract the deficiencies have not been eliminated.
In our case in the lawsuit, the citizen pointed out that due to poor medical assistance she required a second operation.
the Supreme court reminded colleagues about the article 198 of the Civil procedure code. It is said that the court decision must indicate the conclusions that follow from the established court of the circumstances of the case, the reasons why the court rejected some evidence and agreed with others, and the arguments in favor of the decision. In this dispute, a local court wrote in its decision: the plaintiff has not stated that the commercial has provided her with poor service. And the district court said that the price tag for services are not inflated. About this conclusion, the Supreme court said, “It can’t be correct”. Judicial Board on civil cases of the Supreme court said: the court’s decision is justified, if the essential facts of the case are confirmed by evidence examined by the court.
such evidence is stated in article 55 of the Civil procedure code. This can be witness statements, physical evidence, or expert opinion. In the same code, but in another article – 79th recorded the following: “If in the course of the proceedings there will be questions that require special knowledge or skills, then you need the expert’s conclusion, which he will do on the basis of the conducted examination.” In this dispute, the court did not even consider the possibility of conducting the examination, when the plaintiff argued that her badly and poorly treated, so she had to go to surgery again and pay a lot of money.
Such a violation, the Supreme court called the essential and violation of the law. All taken on the case decision the Supreme court reversed and demanded to review the dispute again, but given his explanation.
