Arvydas Šilys, Viktoras Justickis
Abstract
Abuse of process-this is the “use of the law against the Law” [5]. “The letters of the law is used against its goals and spirit”[5]. Numerous legislation are adopted in order to better ensure the rights of a patient. A variety of authorities supervise it. However, the complexity of the legislative and the great number of regulatory institutions creates a lot of opportunities for abuse of the law. It is , first of all, the opportunity for a party to “play for time”, when the outcome of the case seems to be undesirable for this party it misu- ses the law to postpone the final conclusion of the court. Second, the law is abused to exhaust the opponent, to cause him to spend a great deal of money and time and this way to urge him to refuse persecuting his just aims. Third, the law can be misused to “punish” the opponent for his pursuit of the truth in the case. Most of agencies proceeding the case duplicate the same supervisory body to hear the case, neither one of which is able to take the final conclusion. The case presented in this article the typical traits of the abuse are outlined. They are, first, the obvious groundlessness of the patient‘s complaint. The patient complains of side effects of the drug. He was worned on this side effect, this drug was used only after more save ones probed to be ineffective. medicinal product in respect of which it was notified, and which has been used only where there are other inefficiency. Second, the complaint consistently pass a number of identical checks, all accessing the same conclusions. Third,a myriad of health-care workers were involved into this case distracting them from their main duties.
Keyword(s): the quality of service; hospital; complains against physicians
DOI: 10.5200/sm-hs.2015.034
Full Text: PDF