Contract with the doctor about childbirth

Childbirth is one of the most important moments in the life of every woman. Choosing a doctor and a maternity hospital is a responsible step that affects the comfort and safety of the woman and the baby. If you decide to give birth in a private clinic, signing a contract for childbirth with a doctor is an important part of preparing for this process.

What should a birth contract include?

1. Subject of the contract. The contract must clearly define what medical services will be provided:

• Antenatal care;
• Direct management of labor;
• Postnatal care of mother and newborn, etc.

2. Price and payment terms. When concluding a contractual relationship, the total cost must be specified; the circumstances and terms of the advance payment; the possibility of partial or full compensation in the event of premature termination of the contract by the patient or the hospital. Also, pay attention to potential additional costs that may arise during childbirth.
3. Rights and obligations of the parties. For example, the duties of a doctor include:

• Providing qualified medical care;
• Compliance with medical standards;
• Informing the patient of any risks or changes in condition.

For her part, the patient undertakes to follow the medication recommendations and promptly inform about any deterioration in her health.

Get legal advice

4. Liability of the parties. The contract must contain provisions on the liability of the physician for improper performance of his duties and the provision of claims by the client.
5. Insurance cases.
6. Force majeure. These are cases when the physician cannot fulfill his obligations due to circumstances beyond his control (for example, the physician's illness, or natural disasters).
7. Conditions for termination of the contract.
8. Confidentiality and protection of personal data. Medical services involve the patient providing personal information about her health. The contract for childbirth must include provisions for the protection of this information and the clinic's obligations not to disclose it.

Legal advice for expectant mothers

• Before signing a contract, make sure that the hospital has the appropriate authority to do so. It is useful to check the incorporation documents, licenses, and the right to sign the agreement.
• Read carefully before signing. Pay attention to the fine print and check for a full list of services provided by the medical institution, as well as their cost.
• Make sure that the contract defines a refund in case of a change in circumstances, as well as the hospital's liability for medical errors or complications.
• Even if the birth contract seems clear, it is always a good idea to consult a lawyer before signing it. A lawyer will help identify possible risks, suggest ways to protect yourself, and advise on making changes.

Calculate the cost of a lawyer's allowance

How to hold a hospital liable for breach of contract?

If a medical institution fails to fulfill its obligations under the contract, the patient has the right to demand compensation for damages or even initiate legal proceedings.

In the event of non-compliance with contractual norms by the clinic, you need to:

1. Conduct a legal analysis of the contract for childbirth and collect documentary evidence.
2. Before going to court, you should try to resolve the issue peacefully by filing a claim and holding negotiations.
3. If the medical institution does not respond to this or refuses to correct the situation, the person can go to court.
4. In the event of a successful lawsuit, the patient receives compensation for material damage and moral harm, and the offender may also be subject to penalties.
5. In addition to the court, the victim has the option of contacting the regulatory authorities to conduct an inspection of the quality of the medical staff.

By choosing the law firm "Prikhodko and Partners", you receive not only legal support, but also confidence that your medical rights will be protected at the highest level. If you have questions about legal protection in the context of future births, fill out the form below.