Denial of treatment and premature discharge from a military hospital

What is happening

The discharge summary speaks of improvement, while in fact the wound is not closed, the pain persists and the limb does not work. You are sent back to the unit or put on sick leave with no further treatment plan.

It also happens the other way round: the hospital is willing to treat you, but the unit issues no referral, or the referral names a facility without the right specialism. The refusal is usually verbal, and a week later there is nothing to produce.

Early discharge harms more than your health. What the medical board sees depends on how complete the treatment was, and with it the fitness category and the causation it records — and therefore payments and the discharge decision.

What the law says

• Article 16 of Federal Law No. 76-FZ of 27 May 1998 on the Status of Servicemen secures a right to health protection and to free medical care in military medical facilities, including the examinations and treatment that are needed.
• Where a military facility cannot provide the care, the serviceman is referred to a civilian medical organisation — the absence of a specialism is no ground to refuse treatment.
• The scope of care is set by medical indications and treatment standards, not by the unit's staffing interests.
• Sick leave is granted on a military medical board finding; it is not a substitute for treatment and does not close the question of further care.
• A denial of care and a premature discharge may be challenged before the head of the hospital, the military prosecutor's office, the healthcare supervisory authority and the court.
• Harm to health caused by substandard care is compensated; in such a dispute the court normally orders a forensic medical examination.

What we do

• We request the medical file: the case history, the discharge summary, test results, and assess what was done and what was not.
• We prepare a written application to the head of the hospital and to the unit demanding a referral for examination, surgery or rehabilitation.
• We get the refusal put in writing so that it can be relied on later.
• We apply to the military prosecutor's office and to the authority supervising the quality of medical care.
• We prepare a court claim challenging the acts and seeking compensation, and apply for a forensic medical examination.
• In parallel we manage the medical board track, so that the examination is not held on incomplete data.

What we need from you

• The discharge summary and any other papers issued on leaving hospital.
• The medical file and case history, imaging and test results — whatever you have been able to obtain.
• The certificate of the wound or illness and documents on the circumstances in which it was sustained.
• Written refusals and answers from the hospital or the unit, if any were given.
• Service documents: the contract, the service record certificate, extracts from orders.
• A power of attorney for the advocate and your own account of the symptoms: what hurts, what does not work, and since when.