Medotrade

History

2014: Conflict with the Tomsk scientific research institute of cardiology

In December, 2014 the court again will consider case in which the developer of medical software Medotrade requires to prohibit scientific research institute of cardiology of the Siberian department of the Russian Academy of Medical Science to terminate with it the contract unilaterally and also requires to pay the works performed on the contract with institute.

The conflict between the organizations arose in the course of implementation in scientific research institute of cardiology of the Siberian department of the Russian Academy of Medical Science of the medical information system (MIS). The contract for accomplishment of these works of the party was signed in October, 2012, and the project had to come to the end in December, however it was not succeeded to finish it.

In July, 2013 the contractor and the customer exchanged legal claims. Gave it to the first Medotrade. Even before submission of the claim the company stated the claims in the open letter to the president of the Russian Academy of Medical ScienceIvan Dedov. In it the company claimed that it could not complete the work on implementation of MIS because of the institute: there "gave a hostile reception to her employees, having prohibited implementation of MIS in workplaces of medical specialists", and then accused specialists of the company of incompetence and suggested to terminate the contract by agreement of the parties.

The court established that Medotrade performed only a part of works on implementation of MIS while the agreement assumed payment for all system at once.

All attempts of the company to perform works on implementation of MIS every time encountered "the approved counteraction of heads of institute and came to an end with the next offer to us to terminate the contract", claimed in the company. In addition in Medotrade noted that the scientific research institute of cardiology not only did not pay its work – the amount of 1.8 million rubles of ensuring performance of the contract was also charged off an account of the company.

The scientific research institute of cardiology told TAdviser that the institute put forward to Medotrade counter claims and accused the company of non-performance of works on the government contract.

"MIS is not handed over, it does not work, and to spend budget money for outstanding work - idle MIS - illegally", - told in scientific research institute of cardiology, having noted that money was allocated for a medical system to it by the Russian Academy of Medical Science within the program of upgrade of health care.

Representatives of institute added that they in return, "took great pain to meet halfway Medotrade. According to in scientific research institute, terms of execution of works were constantly prolonged: the final term of delivery of works on the agreement appeared December, 2012, however in coordination with the Russian Academy of Medical Science it "was significantly prolonged" for what the institute had "to speak before Rosfinnadzor".

Having considered a situation, the court established that a part of the works provided by the contract with scientific research institute of cardiology, Medotrade executed, however terms of the contract determine the price for all amount of completed work and do not provide stage or partial payment. The first and appeal instances made the decision for benefit of scientific research institute of cardiology, having permitted institute not to pay works.

According to the complaint Medotrade the cassation instance, in turn, cancelled earlier made decisions and sent case for new trial, having considered that on it due expertize was not carried out. Besides, according to court of cassation, the court prematurely took out an output about fundamental breach of terms of the contract by Medotrade on the basis of which permitted scientific research institute of cardiology to the Russian Academy of Medical Science it to terminate. Earlier taken out judicial acts were adopted on is incomplete to the studied circumstances important for case with violation of regulations of procedural law in this connection are subject to canceling, solved court.

It should be noted that earlier Medotrade already cooperated with scientific research institute of cardiology without any complaints from the last who would be known: so, in 2012 the company delivered to institute the MedPACS system for acceptance of images.

Services

As of July, 2013 activity of Medotrade company consists in providing the following services:

• consulting in the field of complex IT solutions and development of concepts for health facilities;
• development of the software products providing automation of activity of medical institutions;
• implementation of MIS in treatment and prevention facilities and governing bodies of health care;
• instructing and consultations of users of medical information systems;
• technical maintenance and updating of the operated software products.

Implementation of medical information systems is performed according to the next stages:

• Inspection of an automation object. Based on inspection of an object our specialists develop the engineering design of the automation system together with the Customer;
• Preparation of communication infrastructure. Our company, own forces or jointly with the specialized organizations, develops the engineering design of a local computer network and the specification on a server and customer computer hardware;
• Input of MIS in operation. Our programmers perform settings of servers, databases and authorization of users. Specialists in implementation of automated systems hold detailed instructing and testing of personnel. The wired program of user support allows to provide effective mastering of MIS at the minimum costs of time;
• Personnel training of health facilities. At the request of the Customer we render an additional service on training which is provided directly in treatment and prevention facility. The three-week rate for users of a system allows to master "from scratch" work with the computer and the necessary software;
• Technical support and maintenance. The program of technical support includes uninterrupted operation of software tools, updating of software products and maintenance in current status of the normative reference information.