Request for assistance in providing documents

 

 

To the district court No. 2 of Almaly district of Almaty.

Case No. Case no.7520-25-00-2\18521

 

From the Plaintiff: Aa Ga Tyshtykbayevna, born on 03/23/1976, IIN..6,

residential address: Almaty region, Karasai district,

 S. Irgeli, uch. sq., uch..

represented by Legal consultant S.A.,

providing legal assistance in the form of representation

interests in civil matters consisting of .....

 

 

                                                    The petition

            For assistance in providing documents

 

           In your proceedings, a civil case is being considered on the claim of Aoi G.T. against Dental Clinic SA LLP for the protection of consumer rights and recovery of damages, treatment costs and compensation for moral damage.            For a full, comprehensive and objective consideration of the case, it is necessary to obtain documents and information that the plaintiff cannot independently possess, since they are in the possession of the Defenda            In your proceedings, a civil case is being considered on the claim of Aoi G.T. against Dental Clinic SA LLP for the protection of consumer rights and recovery of damages, treatment costs and compensation for moral damage.            For a full, comprehensive and objective consideration of the case, it is necessary to obtain documents and information that the plaintiff cannot independently possess, since they are in the possession of the Defendant.                                                                            Based on parts 1, 4 of Article 73 of the Civil Procedure Code of the Republic of Kazakhstan, evidence is provided by the parties, however, in case of difficulty in presenting it, the court assists in their recovery.

            In accordance with paragraph 1 of Article 21 of the Law of the Republic of Kazakhstan "On Compulsory Insurance of civil liability of healthcare entities" No. 350-V dated 07.07.2020, the activities of organizations providing medical services are subject to compulsory insurance of liability to patients.

According to paragraph 1 of Article 78 of the According to paragraph 1 of Article 78 of the CPC RK, the court, at the request of a person participating in the case, has the right to demand evidence that the party cannot obtain independently.

            The plaintiff does not have information about whether the defendant has a compulsory insurance contract and is unable to obtain this information independently. In connection with the above and guided by Articles 46, 73 of the CPC RK,

 

                                                  I ask the court:

assist in requesting the following documents from the Defendant

 

 

1. To demand from the defendant, Dental Clinic SA LLP, information on the availability of a valid compulsory insurance contract for civil liability of healthcare entities, including:- name of the insurance company;- the number and date of the contract;- the validity period;- the amount of insurance coverage.

2. The contract(s) and the act(s) of work performed between the plaintiff A.G.T. and LLP "Dental Clinic SA".

3. Video surveillance recordings of the service provision process for the dates: 02.08.2024, 09.08.2024, 22.08.2024, 24.08.2024, 15.11.2024, 12.12.2024, 26.12.2024.

4. Provide video recording as part of the services for August 02, 2024, August 09, 2024, August 22, 2024, August 24, 2024, November 15, 2024, December 12, 2024, December 26, 2024.

5. Provide information on gr. ... (position, category, permits, access rights, licenses and certificates in the medical field, job description, employment contract, etc.)

6. The plaintiff's medical documents: (outpatintiff's medical documents: (outpatient (medical) card, a document on voluntary consent to the provision of medical services, journals, protocols of the operation, recommendations for the patient after the operation, and other information about the plaintiff that the defendant has).

 

           

 

 The plaintiff represented by S.A.A. signed the EDS.    

 

 

 

  

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