Where to go if the dentist refuses to redo the work. We file claims and complaints about dentistry correctly. Scandal in dentistry: video

Where to complain about dental clinic, if the client remains dissatisfied with the services medical private or state center? In order for complaints and applications submitted for consideration to be effective and bring results, it is necessary to consider each case separately and take into account a number of circumstantial factors. Dentistry is the most popular type today medical services, which offers a huge range of possibilities. A thorough study of the problem does not always guarantee a positive outcome, so you should always be prepared for unexpected circumstances.

Clean floors, new equipment, friendly staff, robes and even hats are not always the key to quality service and a guarantee of excellent results. If the dentist does not know how to use the equipment and cannot consistently perform manipulations, then problems and complications arise.

The most common problems are:

misreading of x-rays;
lack of equipment;
insufficient qualifications of personnel.

The most important evidence will be an x-ray and a receipt for payment for services. For example, a client contacted private clinic to receive dental services, presenting your x-ray. The doctor carried out the treatment, however, after this the client felt pain and malaise. Having taken a repeat photo after the intervention, the hospital discovered that the dentist had missed the granuloma. If it is not treated, the tooth must be sawed down to create two roots, or completely removed.

Thus, in order to prove that services were provided at this particular clinic, you must provide a receipt or request a log entry from the database.

But difficulties can arise here too:

It is necessary to prove that after the dishonest doctor the person no longer sought services from other clinics.
It is necessary to prove that all the doctor’s instructions were followed, and that the patient himself did not cause the injury due to poor quality preventive measures after the intervention.
We also need testimony from other persons who examined the data reflected on the X-ray.

If it is possible to obtain an opinion, then you need to contact the higher authorities to which dentistry is subordinate within the framework of compulsory medical insurance.

First, you need to figure out who the client is going to complain about: a specific doctor or medical institution. If this is not a private institution, and the doctor is not a private practitioner, then first, you can send an application to the administration. You must submit a claim in the prescribed manner, registering the appeal in the local office.

If the authorized actions are not taken against the doctor, the patient can contact other organizations:

If there is no response from management, the complaint is submitted to Roszdravnadzor.
The application is sent by mail indicating the reasons.
You can also use the online form to submit an appeal.

If here again the complaint against the dental clinic to Roszdravnadzor is ignored, the client has the right to appeal to the court or the prosecutor’s office.

The reason and basis for initiating a case will be claims for services not fully provided or low-quality products that were used for treatment. There is a hierarchy in the healthcare system unless the clinic is private. It turns out that first the motives for the committed act are established, only after that each unit structure checks the clinic for the presence and detection of violations.

In addition, if the client is not given a check, he has every right to write a complaint to Rospotrebnadzor. There you can also find out about the sanctions and tax penalties imposed on the clinic or a specific dentist.

If you initially file a complaint against a dentist from a clinic, it must be sent to court for compensation for material and moral damage. You need to apply to the district court with a claim drawn up in a standard manner. Below is a complaint against a clinic dentist, a sample application can be taken as a basis:

I, _______________, went to the clinic with my child to get a consultation and make an appointment for my son to see a dentist. We were received by a physician _________________, position/category ___________. He said that the child urgently needs to remove the 7th tooth, as it interferes with the development of the rest, and the bite is disturbed. We were given everything necessary measures ______________ (number). After 2 days the child complained of acute pain. The emergency room said there was an infection. All planned measures to remove it were carried out in the hospital _____________ (address).

Later we went to the children's clinic to find out what had been done to the child. Based on the entries in the patient logs, my son was examined. Appointed additional treatment, after which the child was admitted to the hospital again with acute toothache. In this regard, I suspect that the medical services provided were provided negligently and incorrectly. The child was twice admitted to the hospital to eliminate the consequences of medical interventions.

Return to judicial procedure money spent on treatment, moral compensation for the damage and stress caused to the child, as well as money for the forced removal of 2 teeth. In general, the funds I spent in the amount of ___________ rubles will be reimbursed and the amount of damage will be increased to ___________ rubles.

Signature ________, date ________.

If you don’t know where to file complaints about dental clinics, then first you need to find out whether the institution belongs to the supervisory agency. Often, such issues are dealt with by parents whose children’s dentists gave incorrect advice to them and committed unlawful actions: they pulled out a tooth that could have been cured, or put the wrong filling.

If the health committee keeps records of the activities of a private company, then children's doctors first undergo checks to ensure compliance with the license in the area in which they operate.

Physicians and doctors of non-departmental clinics and hospitals are subject to certification checks. If violations are found, the organization is fined. Dental centers are also responsible for civil cases in court for their doctors. To apply for an institution, fill out a form that is issued by a higher authority. Below is a typical complaint about a dental clinic.

The sample is taken as the basis for initiating a case to return funds:

Government organization _____________

Actual registration address __________

From ______________ (full name of the party applying)

Residence or registration address _____________

I, _______________, applied to the private clinic __________ (name, address) with acute pain. I had an x-ray with me, in which the doctor saw that one tooth should be removed due to the process of decay. The seventh tooth from the top on the right really hurt, however, it was not necessary to remove it. I was not offered to install an implant, after which I paid ________ rubles for removal. In another clinic, based on the x-ray, I was told that the tooth could be saved by removing the nerve and one root _______________ (number of the report or examination). The doctor's order is attached to the file. The application was sent to Rospotrebnadzor on the basis of the provision of poor quality services.

Due to the fact that I had _________ (what tooth, reason) _____________ removed, however, the measures were chosen incorrectly, I was left without a tooth and money.

Based on the above, I ask:

Restore justice and impose punishment for the doctor’s negligent attitude towards patients __________ (reasonable basis), demand compensation for damages in the form of money spent in the amount of __________ rubles, and also pay moral compensation in the amount of _______ rubles for the fact that now it is impossible to install an implant in place of the pulled out tooth .

Signature ________, date ___________.

Based on such requests, patients won many cases and returned money. Unfortunately, dental health cannot be restored, however, it is worth fighting for quality dental care.

1. Where to file a complaint against a dentist?

1.1. You can file a complaint against the dentist with your local Rospotrebnadzor authority and the Department of Health. The complaint is written in free form.

1.2. Good day. If the service is provided to you improperly, you can demand termination of the contract and a refund of the fees paid. cash, and you can also file a complaint with Rospotrebnadzor or directly to the court.

2. How to write a complaint about dentistry!

2.1. Hello. In free form. Indicate what the violation of your rights was and what you want.

2.2. In any form - you state the circumstances of the case and formulate your requirements

2.3. There are no legal forms. Write in any form indicating all the circumstances of the complaint.

3. Which organization should a patient contact with a complaint about dentistry?

3.1. File a complaint with the health department.

4. Where can I file a complaint against a dentist?

4.1. wherever you want - from the chief physician or the Ministry of Health to the prosecutor's office - depending on what you think he is guilty of

5. I have a complaint about poor quality treatment child's teeth. During treatment, the canal was not completely cleaned, as a result of which periostitis (flux) formed. Treated a child's teeth in private dentistry, we also undergo a professional examination every 6 months. The tooth was sealed (the infection is internal in any case, this was confirmed to me by 2 different doctors). The question is how to correctly file a claim against the doctor and the clinic, because a child suffered from unqualified care.

5.1. Hello, in this case, based on the RFP, you can make a claim to the Contractor’s Address, but the most important thing to remember is that you must have evidence of the provision poor quality service, you may have to do an examination. In the meantime, submit your claim; their response period is 10 days.
Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 03/18/2019) “On the protection of consumer rights”
Article 29. Consumer rights when discovering deficiencies in the work performed (service provided)

Satisfying the consumer's demands for the gratuitous elimination of defects, for the manufacture of another item, or for the repeated performance of work (provision of a service) does not relieve the contractor from liability in the form of a penalty for violating the deadline for completing the work (provision of a service).

5.2. Hello, Olga! The first place to go with a complaint is to the head of the clinic where you were treated incorrectly; most often, the problems that have arisen are resolved at this stage. The doctor’s actions are reviewed by management, and if they are found to be incorrect, your claims are satisfied.

To the head ( general director)

(name of medical organization)
Address:

From,
(Full name of the applicant)

Resident(s) at the address:

Telephone
Address email Letter of claim
on compensation for damages for poor quality medical services

“___” I contacted your organization for the provision of paid medical services: .
(specify type of service)
An agreement No. dated “___” was concluded between me and your organization. The medical service was performed by an employee of your organization. This circumstance is confirmed by the patient’s medical record No. The fact of concluding an agreement between me and your organization for the provision of medical services is confirmed by a receipt dated “___” for the amount of () rubles.
I believe that the medical services provided to me by your organization are of inadequate quality, namely: (Describe in detail which medical services were provided with poor quality, not in full).

In accordance with Art. 7 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer has the right to ensure that services are safe for his health. However, as a result of the treatment, my health was harmed: .
(indicate the specific nature of the harm caused to health)
This circumstance is confirmed by: certificate No. (name medical institution) from “___” that I was provided with medical assistance;
(specify character medical care)
- an extract from the medical record of an outpatient medical institution.
As a result of poor-quality medical services, my health was harmed and I experienced physical and mental suffering. (Describe how you feel, mention emotional stress, list all the inconveniences that were caused by poor quality medical care.)
In accordance with Art. 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”, a consumer who has suffered damage as a result of the performance of work has the right to demand compensation for all losses caused. Losses in accordance with paragraph 2 of Article 15 of the Civil Code of the Russian Federation should be understood as expenses that a consumer whose right has been violated has made or will have to make to restore the violated right (paragraph 2 of clause 31 of the Plenum Resolution Supreme Court RF dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”). According to Art. 14 Law of the Russian Federation “On the Protection of Consumer Rights”
According to Art. 14 of the Law of the Russian Federation “On the Protection of Consumer Rights”, harm caused to the health of the consumer due to deficiencies in the service is subject to compensation in full.
In accordance with Art. 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”, moral damage caused to the consumer as a result of the violation of his rights by the performer, provided for by law on the protection of consumer rights, is subject to compensation by the causer of harm if he is at fault.
According to clause 5, paragraph. 9 tbsp. 19 of Law No. 323-FZ, the patient has the right to compensation for harm caused to health during the provision of medical care.
According to paragraphs 2-3 of Art. 98 of Law No. 323-FZ, Medical organizations, medical workers and pharmaceutical workers are responsible in accordance with the law Russian Federation for violation of rights in the field of health protection, causing harm to life and (or) health when providing medical care to citizens.
Harm caused to the life and (or) health of citizens during the provision of medical care to them is compensated by medical organizations in the amount and manner specified. established by law Russian Federation.
In accordance with paragraph 1 of Art. 37 Federal Law dated November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”, medical care is organized and provided in accordance with the procedures for the provision of medical care, mandatory for all medical organizations on the territory of the Russian Federation, as well as on the basis of standards of medical care , with the exception of medical care provided as part of clinical testing.
In accordance with paragraph 8 of Art. 84 of Federal Law No. 323-FZ, the provisions of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” apply to relations related to the provision of paid medical services.
Based on Art. 4 of the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”, the contractor is obliged to provide a service whose quality complies with the contract. If there are no conditions in the contract regarding the quality of the service, the contractor is obliged to provide a service that meets the usually required requirements and is suitable for the purposes for which a service of this kind is usually provided.
In accordance with Art. 29 of the Law “On the Protection of Consumer Rights”, the consumer, upon discovering deficiencies in the work performed (service provided), has the right, at his own discretion, to demand: free elimination of deficiencies in the work performed (service provided); corresponding reduction in the price of work performed (service provided); free production of another item from a homogeneous material of the same quality or repeat work (in this case, the consumer is obliged to return the item previously transferred to him by the contractor); reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties. The consumer has the right to refuse to fulfill the contract for the performance of work (provision of a service) and demand full compensation for losses if, within the period established by the contract, the shortcomings of the work performed (service provided) are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract. The consumer also has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed (service provided). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.
I value the physical and moral suffering I endured at () rubles.
Based on the above, guided by the specified articles of the Law of the Russian Federation “On the Protection of Consumer Rights”,

I ASK:
Voluntarily compensate for the damage caused to my health, as well as
pay me compensation for moral damage in the amount of () rubles.
Please provide a response in writing within 10 (ten) business days from the date of receipt of this complaint.
In accordance with clause 5 of Article 28 of the Law of the Russian Federation “On the Protection of Consumer Rights,” the period for satisfying individual consumer requirements is 10 days from the date of receipt of the request. Failure to satisfy the consumer's requirement within the 10 (ten-day) period established by Article 31 of the Law of the Russian Federation “On the Protection of Consumer Rights” entails liability in the form of a penalty in the amount of three percent of the price of the service on the day of the decision (Clause 5 of Article 28 of the said Law , Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the practice of courts considering cases on the protection of consumer rights.”

Application:

1. Copies of receipts for payment for medical services provided.
2. Documents confirming harm to health.
3. Calculation of the claim amount. Date SignatureIf the hospital administration does not comply with the meeting, responding with a refusal (the response to the complaint must be in writing), you should complain further.

The next step is the Ministry of Health! A territorial branch of the Ministry of Health can be found in every subject of the Russian Federation. This body always has a public reception room where complaints from the public are accepted for consideration. After all, the purpose of this organization is to control the work of medical institutions.

There are several ways to file a complaint with the Ministry of Health:
Personally;
Send the paper by mail;
Send a letter of complaint by e-mail;
Leave the text of the complaint on the official website.
As in the case of the hospital administration, they must answer you, and in the form that you indicated in the complaint. The application is given 30 days to review.

You also have the right to contact the prosecutor’s office, since the duties of the prosecutor’s office include monitoring compliance with current legislation by citizens and organizations; filing a complaint against a doctor with this body is quite natural.

You can also go to court with a statement of claim to defend your legal rights and compensate material damage!

5.3. Regarding poor-quality provision of services, a claim is drawn up on the basis of Article 29 of the Law of the Russian Federation On the Protection of Consumer Rights. The claim is written in any form
Article 29 of this law states: 1. When discovering deficiencies in the work performed (service provided), the consumer has the right, at his own discretion, to demand:
free elimination of deficiencies in the work performed (service provided);
corresponding reduction in the price of work performed (service provided);
free production of another thing from a homogeneous material of the same quality or repeat work. In this case, the consumer is obliged to return the item previously transferred to him by the contractor;
reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties.
Thus, in your claim you must reflect what exactly you require from the clinic based on the above provisions of the law.

5.4. The provision of medical services is subject to the Law of the Russian Federation “On the Protection of Consumer Rights” (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”).
In your complaint, refer to Art. 29 of the Law of the Russian Federation "On the Protection of Consumer Rights":

1. When discovering deficiencies in the work performed (service provided), the consumer has the right, at his own discretion, to demand:

Free elimination of deficiencies in the work performed (service provided);

Corresponding reduction in the price of work performed (service provided);

Reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties.
You also have the right to demand recovery of damages and compensation for moral damage.

5.5. Before you write an application to a medical organization, read the Federal Law of November 29, 2010 N 326-FZ (as amended on February 6, 2019) “On Compulsory Health Insurance in the Russian Federation” to change the algorithm of actions.

5.6. You have the right to file a claim for damages - Article 1064 of the Civil Code of the Russian Federation, in accordance with the Law on the Protection of Consumer Rights. Then file a claim in court - Article 131-132 of the Code of Civil Procedure of the Russian Federation.

6. My gums were inflamed and one of my two teeth was hurting (it’s not clear which one exactly), I went to a private dentist clinic. The dentist took a picture of one tooth and then removed it. My health worsened and 2 days later I came again. They also removed the second tooth with the words that there was a cyst on it. But the gums did not stop hurting and inflaming. I had to contact again. Can I send a complaint or claim and where to write it and can I sue for negligence.

6.1. Good afternoon But first, it’s worth establishing the clinic’s guilt! To do this, you need to obtain the opinion of specialists in the field of medicine!

7. How long can you not work so as not to lose your medical diploma? work as a paramedic if you are studying 1 time every 5 years

To whom should I return? With a complaint about the work of an orthopedic dentist.

7.1. The educational document does not have a validity period, Medical workers must confirm qualifications every 5 years.

You can write a complaint to the prosecutor's office or Roszdravnadzor.

8. Some friends had an unpleasant incident in dentistry. The patient came, they examined her, took an x-ray, and explained that it would be impossible to do without removing the nerve. The treatment was carried out, the patient got up from the chair and began to walk away. She says that she did not allow me to remove the nerve in the tooth. Consent to the intervention was not signed, nor to the processing of personal data. The patient left without paying for the treatment and wrote a complaint to Rossdravnadzor. What threatens the doctor and the clinic?

8.1. There is a possibility of administrative proceedings, as well as the possibility of filing a claim for compensation for health damage if this fact will be proven.

8.2. The clinic is in danger administrative responsibility according to Art. 14.4 of the Code of Administrative Offenses of the Russian Federation in the form of a fine: on persons carrying out entrepreneurial activity without education legal entity, - from ten thousand to twenty thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.

9. A dentist has the right to give sick leave for up to 5 days... I encountered a problem, I went to Kursk to the hospital - I had a wisdom tooth removed (there was an operation), there they gave me a certificate saying that I should go to the dentist at my place of residence or call a therapist at home! I came to the dentist, showed the certificate the same day and told me what they did to me. They didn’t give me anything and, to put it mildly, I was told to go home saying what I want... Where to go with a complaint about local dentistry? Zheleznogorsk city...

9.1. Good afternoon, Maxim. Dentistry can issue a certificate of incapacity for work only if it has a license to examine temporary incapacity for work. In practice, very few institutions providing dental care have such a license. Local dentistry or a therapist are not required to issue you sick leave for another institution.

9.2. Hello, Maxim. According to Art. 59 Federal Law of November 21, 2011 No. 323 - Federal Law, you have the right to take sick leave During the period of prosthetics, the dentist can give a sick leave for 10 days.
A dentist issues sick leave like any other doctor.
It can be issued on the day of your visit if you just need to have your teeth treated once and have a lot of work to do.
Intermittent sick leave may be issued, meaning you need to come in several times, and only those days on which treatment took place will be noted on it.
Dentist on at the moment has the right to issue and extend sick leave for a period of up to 10 (inclusive) calendar days. With the participation of a medical commission, it was previously allowed to extend up to 30 calendar days.
The main thing is that dentistry has a license.

The applicant applied to the dental center for prosthetic services. The doctor offered to undergo treatment with them, promising the applicant high-quality work and a significant discount. The applicant concluded with dental center contract for the provision of dental services. Throughout the year, the applicant repeatedly contacted this center to correct rickety bridges. The applicant had acute attack pain accompanied by swelling and high temperature. She urgently went to the clinic, where they took an X-ray and discovered a serious purulent inflammatory process under the left bridge. The applicant requests termination of the contract for the provision of dental services. return the amount paid. Pay the costs to correct this situation.

OOO "__________"
Address: ____________________________
from ___________________________
Address: ___________________________

CLAIM

«___»____________ _________

I, _________________, applied to the dental center “____________” for prosthetic services. I was seen by doctor ___________ She offered to undergo treatment with them, promising me high-quality work and a significant discount. ____________ I entered into an agreement with a dental center for the provision of dental services. I followed all the doctor’s orders and went through all the recommended procedures. At the beginning of ________, bridges were installed for me. In total, I paid _________ rubles for all services. Throughout the year, I repeatedly contacted this center to correct rickety bridges.
_____________ year I had an acute attack of pain, accompanied by swelling and high fever. I urgently went to the clinic, where they took an X-ray and discovered a serious purulent inflammatory process under the left bridge. On the same day, I had 3 teeth urgently removed. I was prescribed a long course of treatment and was deprived of my ability to work. I had to pay for these services in the amount of __________ rubles. As a result of this whole situation, my pancreas has worsened (as a result chronic pancreatitis and cholecystitis)
According to clause 5 of this contract for the provision of dental services, the PROVIDER is responsible for the services provided as provided for by current legislation.
The customer fulfilled his obligations to pay money for services properly.
There is a relationship between the Seller and the Buyer arising from the purchase and sale agreement, which is regulated by Chapter 30 of the Civil Code of the Russian Federation.
In accordance with Article 454 of the Civil Code of the Russian Federation, under a sales contract, one party (seller) undertakes to transfer the thing (product) into ownership of the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it.
According to clauses 1, 2 of Article 469 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer goods whose quality corresponds to the purchase and sale agreement. If there are no conditions in the purchase and sale agreement regarding the quality of the goods, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used. If the seller, at the conclusion of the contract, was informed by the buyer about specific purposes acquisition of goods, the seller is obliged to transfer to the buyer goods suitable for use in accordance with these purposes.
Under the terms of the Agreement, there is no warranty period for these services.
According to Article 5 of the Federal Law “On the Protection of Consumer Rights” for goods (work) intended for long-term use, the manufacturer (performer) has the right to establish a service life - the period during which the manufacturer (performer) undertakes to provide the consumer with the opportunity to use the product (work) for its intended purpose and bear responsibility for significant deficiencies.
The manufacturer (executor) is obliged to establish the service life of durable goods (work), including components, which after a certain period may pose a danger to the life and health of the consumer, cause damage to his property or environment.
The service life of a product (work) can be calculated in units of time, as well as other units of measurement (kilometers, meters and other units of measurement based on functional purpose product (result of work)).
The sale of goods (performance of work) after the expiration of the established expiration date, as well as goods (performance of work) for which an expiration date should be established, but is not established, is prohibited.
The seller has the right to establish a warranty period for the product if it is not established by the manufacturer.
The seller has the right to accept an obligation regarding defects in the goods discovered after the expiration of the warranty period established by the manufacturer (additional obligation).
The content of the seller's additional obligation, the validity period of such an obligation and the procedure for the consumer to exercise rights under such an obligation are determined by the agreement between the consumer and the seller.
The warranty period for the product is calculated from the moment of signing the Transfer and Acceptance Certificate. I didn't sign anything like that.
Due to the current situation, I was left without money and without teeth. I am forced to go to another clinic for quality treatment. In another clinic this service costs _________ rubles.
According to clause 1 of Article 18 of the Law “On the Protection of Consumer Rights”, in relation to a technically complex product, the consumer, if defects are discovered in it, has the right to refuse to execute the sales contract and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) with a corresponding recalculation of the purchase price within 15 (fifteen) days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases: detection of a significant defect in the goods; violation of the deadlines established by this Law for eliminating product defects.
According to clause 1 of Article 19 of the Law “On Protection of Consumer Rights”, the consumer has the right to make claims to the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) regarding defects in the product if they are discovered during the warranty period or expiration date.
In accordance with paragraph 2 of Article 450 of the Civil Code of the Russian Federation, significant defects are understood as defects that cannot be eliminated or the elimination of which requires disproportionate expenses or time, or that reappear after their elimination, as well as other defects due to which the buyer is deprived of what he had the right to count on when concluding the contract, including the possibility of using the goods for their intended purpose.
Consequently, the Seller duly significantly violated the quality requirements of the goods transferred to the Buyer.
According to Article 309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the conditions and requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements.
In accordance with clause 2 of Article 475 of the Civil Code of the Russian Federation, in the event of a significant violation of the requirements for the quality of goods (detection of fatal deficiencies, deficiencies that cannot be eliminated without disproportionate costs or time, or are identified repeatedly, or appear again after their elimination, and other similar defects), the buyer has the right, at his own discretion:
- refuse to fulfill the contract and demand a refund of the amount of money paid for the goods;
- demand replacement of goods of inadequate quality that comply with the contract.
Based on the above, guided by Articles 5, 18, 19 of the Law “On Protection of Consumer Rights”, Articles 309, 314, paragraph 2. Article 450, Article 454, paragraph 1, 2 Article 469, paragraph 2 Article 475 of the Civil Code of the Russian Federation

1. Terminate the contract for the provision of dental services concluded between LLC “___________” and me, __________________.
2.Refund the amount paid in the amount of ___________ rubles.
3. Pay the costs of correcting this situation in the amount of ____________ rubles
4. Refund legal expenses in the amount of ______ rubles.
In case of non-transfer of funds within 7 days from the receipt of this claim to LLC "_________", complaints will be sent to Rospotrebnadzor of ________, and statement of claim to court.

Application:
1.Copy of the Dental Services Agreement.
2.Copies of receipts

"___"____________ year _______________

- Egor Olegovich, on what principle is the commission created, who is included in it?

The commission is created under the health care committee and the composition, accordingly, is approved by it. Moreover, the committee is guided by the recommendations of the St. Petersburg Dental Association under the agreement signed in 1999.

The main criterion for selecting members of the commission is the professionalism of specialists in various fields in almost all areas of dentistry. They are proposed and evaluated by the association. On the one hand, she does this on formal grounds (in accordance with necessary list specialists, academic degrees and experience practical work). Mostly the commission members are representatives educational organizations, scientists, there are also employees of clinics, but more are representatives of universities, although they can also work part-time in private clinics. An informal criterion is that the committee member must be a respected specialist in the professional dental community.

-Are you conducting a real examination?

Yes, we will explore everything that can be explored. First this medical documents- the main object of research before examining the patient. Almost always, in addition to the medical record, the patient provides many other materials - conclusions based on the results of consultations, consultations with doctors different clinics, data additional research(radiological, allergological, histological...).

Often the case contains the results of previously conducted examinations, as well as various memos, written explanations, and protocols. There is also physical evidence. For example, one patient carried a tooth with her in a jar - pierced in the middle of the root, like a spear, with an endodontic instrument. Some patients bring several sets of dentures at once.

At the commission meeting, we always listen to the applicant and the clinic representative, conduct an examination of the patient, we have all the conditions for this.

Every year, from 40 to 50 St. Petersburg residents turn to the commission with complaints about poor quality treatment or harm to health. Surely the number of victims dental patients in a city of 5 million there are much more. How can they get on your committee?

People search for the truth in different ways: some first turn to the clinic administration, and others go straight to the Kremlin. As a rule, such a request still comes to us. Until 2008, GorKEK received a flow of applications from everywhere. We considered not only requests from patients; we had to work with requests from courts, prosecutors, insurance companies, and licensing authorities. Moreover, the number of these requests grew so much that it was necessary to change the procedure for receiving requests and make sure that they were received by GorKEC only through the Health Committee. Around the same time, we ensured that our colleagues conducting the preliminary examination of documents were paid for their work from the city budget. Well, members of GorKEK, as before and now, work as volunteers - on a voluntary basis.

Now, before contacting us, the patient should contact the medical commission of the clinic where he was treated. Usually, when it is not possible to solve the problem there, only then do they write a statement to the health committee with a request to schedule an examination at the GorKEK.

- What are the most common complaints?

By type of assistance provided, more than half of the complaints are related to dental prosthetics, almost a quarter are therapy, every tenth case is surgical interventions. Rarely - less than 5% - complaints about the quality of orthodontic care. Approximately 8% of cases are combinations different types assistance, for example: therapy and orthopedics (treatment followed by prosthetics), surgery and orthopedics (prosthetics on implants), orthodontics and surgery (treatment of malocclusion with tooth extraction), other combinations.

Complaints may be related to both violations of medical technologies and non-compliance by clinic staff with ethical standards.

It happens that the patient’s claim is caused not so much real defect, how many unrealized inflated expectations. In such situations, the doctor also bears a certain responsibility if he has not informed the patient in an accessible form about his state of health, the results of the examination, diagnosis and prognosis, treatment methods, and the risk of possible complications.

There are also real iatrogenies (causing harm to health as a result of treatment). For example, we examined a case where one girl had her jaw broken during tooth extraction. This possible complication, but the doctor then behaved incorrectly: the patient was not conflicted at all, she simply asked for help, and the doctor did nothing and even denied the very fact of the fracture. As a result, more severe complication- post-traumatic osteomyelitis. The man had to undergo difficult and long treatment.

What explains that dear help- prosthetics - often turns out to be of poor quality, and equally expensive - orthodontic - rarely causes complaints?

There really aren’t that many complaints about orthodontic treatment, apparently because its share in the structure of the entire dental care significantly less than the share of prosthetics.

Not all patients who apply for a GorKEC opinion receive unambiguous answers to their questions. Although those who made it to the commission clearly did this not out of love for art, but because the doctor made a mistake in the treatment or treated it incorrectly. Therefore, the commission is often accused of protecting corporate interests rather than the interests of the patient.

Incorrect treatment is a medical error. But they never gave it a legislative definition. We proceed from the fact that errors are preventable, objectively wrong actions(or inaction) of a doctor who contributed or could contribute to the violation medical technologies, increasing the risk of progression of an existing disease or the emergence of a new one pathological process or patient dissatisfaction.

As for the unambiguous answer, whether the treatment was “right” or “wrong,” simple assessments such as “yes” or “no” are very rare. Most often we have to work with complex cases, in conditions of conflict. And it practically never happens that everyone is 100% satisfied with the result of the examination. Neither patients nor representatives usually have complete satisfaction medical organizations. This depresses experts, but no longer surprises them.

To understand the degree of satisfaction of the parties with our expertise, it is necessary to conduct sociological research— study the opinions of the parties involved in these discussions. But no one did this. We have other statistics - if we take everyone who applies to GorKEK, more than half are either already at the stage of trial or are actively preparing for it. And after the GorKEK examination, only 5% of patients go to court.

The Commission has an important psychological significance- in a sense, it disciplines both sides: it is a platform on which they, sometimes for the first time, truly begin to listen and understand each other, and re-evaluate their actions.

Does it happen that clinic representatives do not attend committee meetings? Like because she just disappeared?

There have been situations when claims were brought against a clinic that had already been liquidated, or one that had not yet received a license and claimed that it had not yet treated anyone. But we are not authorized to deal with such clinics - this is the competence of law enforcement agencies. Our task in such a situation is to form our own judgment about the quality of the treatment provided, and operational investigative measures and sanctions against clinics are not our business. GorKEK is a consultative and advisory body on issues of quality management of dental care; the decisions of the commission are advisory in nature.

Theoretically, yes.

- Has this ever happened?

No. In our country, medical licenses are revoked very rarely, and mechanisms for disqualifying a doctor practically do not exist. There are other mechanisms, such as civil damages or criminal prosecution.

But it’s precisely the deprivation of a clinic—a license or a doctor—of the right to practice medical activities can insure patients against poor quality treatment...

Therefore, in other countries, a doctor, even if he is not the one receiving the sentence, may be disqualified. And it is still unknown what he is more afraid of - imprisonment or deprivation of his profession. And in our country, even if a doctor is found guilty of committing a crime against health and sent to prison, his professional status is still preserved.

- Why do dentists protect the honor of their uniform so much - if a doctor at one clinic treated a patient incorrectly, another clinic will never give him a conclusion about the incorrect treatment, they say - corporate (professional) ethics does not allow it?

This is false ethics. True professional ethics the doctor is that he serves not a corporation or even medicine as an idea, but a person - a patient.

And the corporate ethics that you are talking about does not always work and does not work everywhere. On the contrary, another extreme is often encountered when the doctor, trying to attract the sympathy of the patient, begins to criticize the work of other clinics and specialists without sufficient grounds, accompanying this with very incorrect characteristics addressed to them... There is also such “corporatism”. In general, ethical problems in our medicine are a separate issue.

- But what about the hope that in the future it will be medical public organizations will they evaluate the work of colleagues and issue licenses for the right to engage in the same dentistry or other medical activities?

I'm convinced that decisive role The professional community should play a role in managing the quality of medical care. But we do not yet have a full-fledged effective system for managing the quality of medical care.

Today, associations can participate in the development of rules and regulations, as well as in resolving issues related to their violation. They develop standards, approve recommendations for the provision of medical care, treatment protocols, and participate in the certification of health workers to obtain qualification categories.

These are already certain elements of quality management, but only elements. Because the decisive factor in quality management is not the creation different systems, and the status of a doctor. If a doctor becomes an independent professional - a representative of a free profession with a high degree of responsibility, this is the basis on which the corresponding settings arise. And if he continues to remain an employee with a permanently disadvantaged status, this is a different coordinate system.

Irina Dontsova

Doctor Peter

Hello, Elena. In addition to my colleague’s answer, I will give you advice as a lawyer who specializes in cases related to medical errors. In order for you to start a “war” with unscrupulous orthopedic dentists, you first need to enlist the good support of specialists. To do this, it is first advisable to submit to the clinic (etc.) where you were provided with prosthetic services (at first, of course, therapeutic and surgical dental care should have been provided), an application (under a mark on the remaining copy) for the issuance of a copy of the medical record, where all actions of doctors to provide services should be reflected, research data should be stored (for example, X-rays, orthopangrams, etc.). I would not recommend requiring retreatment, since you have had a sad experience of the first prosthetics. After receiving a copy of the card, and if time and health conditions cannot be tolerated, then now you need to go to another dental clinic where you can get necessary help to eliminate the shortcomings of prosthetics. At the same time, it is imperative that the doctors who will provide assistance reflect in the medical record the current state of the dentofacial system, your complaints, data objective examination, research (if any are necessary), after which we drew up a treatment plan, which you must agree upon, and carried out retreatment, the entire course of which should be reflected in medical card(it is advisable that after each visit to specialists, they make photocopies of the entries in your medical record and have them certified). If there is a need to pay for services, you must obtain payment documents. After completion of treatment, you must present to the clinic where you received poor-quality prosthetics a written claim demanding the return of previously paid money, payment of the cost of retreatment, and compensation for moral damages. When preparing a claim, I would recommend enlisting the help of a doctor (preferably a dentist) or a lawyer who specializes in medical matters to make the claim more convincing. If in this case you are refused or there is simply silence in response to your claim, you need to go to the court at your place of residence with a claim to recover from the clinic the above amounts, the penalty provided for by the law “On the Protection of Consumer Rights,” as well as a fine for unjustified refusal to satisfy your claims. You, as a consumer of the service, have the right to file a claim at your place of residence in accordance with Part 7 of Article 29 of the Civil Procedure Code of the Russian Federation and Paragraph 2 of Article 17 of the Law “On Protection of Consumer Rights”. As a third party in the case, involve a doctor who performed poor-quality prosthetics, but the employing organization must be held responsible for his actions. Please note that you do not have to pay the state duty in accordance with subparagraph 4 of paragraph 2 of Article 333.36 Tax Code RF and paragraph 3 of Article 17 of the Law “On Protection of Consumer Rights”, since the claim arises from the said Law. Below I will provide some legal provisions that are relevant to my answer.

Articles from the Law “On Protection of Consumer Rights”:

Article 13. Responsibility of the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for violation of consumer rights

1. For violation of consumer rights, the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) bears responsibility provided for by law or contract.

(as amended by Federal Law dated December 21, 2004 N 171-FZ)

2. Unless otherwise established by law, losses caused to the consumer are subject to compensation in the full amount in excess of the penalty (penalty) established by law or contract.

(Clause 2 as amended by Federal Law dated December 17, 1999 N 212-FZ)

3. Payment of a penalty (penalty) and compensation for losses do not relieve the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) from fulfilling his obligations in kind to the consumer.

(as amended by Federal Law dated December 21, 2004 N 171-FZ)

4. The manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) is released from liability for failure to fulfill obligations or for improper fulfillment of obligations if he proves that the failure to fulfill obligations or their improper fulfillment occurred due to force majeure, as well as on other grounds, provided by law.

5. The consumer’s demands for payment of a penalty (fine) provided for by law or contract are subject to satisfaction by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) on a voluntary basis.

(as amended by Federal Laws dated December 17, 1999 N 212-FZ, dated December 21, 2004 N 171-FZ)

6. If the court satisfies the consumer’s requirements established by law, the court collects from the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily satisfy the consumer’s requirements a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer .

(as amended by Federal Law dated December 21, 2004 N 171-FZ)

If a statement is made in defense of consumer rights public associations consumers (their associations, unions) or bodies local government, fifty percent of the amount of the collected fine is transferred to the specified associations (their associations, unions) or bodies.

ConsultantPlus: note.

For compensation for damage caused due to defects in goods, works or services, see also paragraph 3 of Chapter 59 of the Civil Code of the Russian Federation.

Article 14. Property liability for damage caused as a result of defects in goods (work, services)

1. Damage caused to the life, health or property of a consumer due to design, production, prescription or other defects of a product (work, service) is subject to compensation in full.

2. The right to demand compensation for damage caused as a result of defects in a product (work, service) is recognized for any victim, regardless of whether he was in a contractual relationship with the seller (performer) or not.

3. Damage caused to the life, health or property of a consumer is subject to compensation if the damage was caused during the established service life or shelf life of the product (work).

If a product (result of work) should be established in accordance with paragraphs 2, 4 of Article 5 of this Law, a service life or expiration date, but it is not established, or the consumer was not provided with complete and reliable information about the service life or expiration date, or the consumer was not informed about necessary actions upon expiration of service life or shelf life and possible consequences If the specified actions are not performed, or the product (result of work) after these deadlines poses a danger to life and health, the damage is subject to compensation regardless of the time it was caused.

If, in accordance with paragraph 1 of Article 5 of this Law, the manufacturer (performer) has not established a service life for the product (work), damage is subject to compensation if it occurs within ten years from the date of transfer of the product (work) to the consumer, and if the day of transfer cannot be determined , from the date of manufacture of the goods (completion of work).

Damage caused as a result of defects in the goods is subject to compensation by the seller or manufacturer of the goods at the choice of the victim.

Damage caused as a result of deficiencies in the work or service is subject to compensation by the contractor.

4. The manufacturer (performer) is responsible for damage caused to the life, health or property of the consumer in connection with the use of materials, equipment, tools and other means necessary for the production of goods (performance of work, provision of services), regardless of whether the level of scientific knowledge allowed and technical knowledge to reveal them special properties or not.

5. The manufacturer (performer, seller) is released from liability if he proves that the damage was caused due to force majeure or violation by the consumer of the established rules for the use, storage or transportation of goods (work, services).

ConsultantPlus: note.

For compensation for moral damage, see also paragraph 4 of Chapter 59 of the Civil Code of the Russian Federation.

Article 15. Compensation for moral damage

Moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by laws and legal acts The Russian Federation, regulating relations in the field of consumer rights protection, is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

(as amended by Federal Laws dated December 17, 1999 N 212-FZ, dated December 21, 2004 N 171-FZ)

Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.

Article 29. Consumer rights when discovering deficiencies in the work performed (service provided)

1. When discovering deficiencies in the work performed (service provided), the consumer has the right, at his own discretion, to demand:

free elimination of deficiencies in the work performed (service provided);

corresponding reduction in the price of work performed (service provided);

free production of another thing from a homogeneous material of the same quality or repeat work. In this case, the consumer is obliged to return the item previously transferred to him by the contractor;

reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties.

(as amended by Federal Law No. 212-FZ of December 17, 1999)

The consumer has the right to refuse to fulfill the contract for the performance of work (provision of services) and demand full compensation for losses if, within the established the specified agreement term, the deficiencies of the work performed (service provided) are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.

(as amended by Federal Law dated December 21, 2004 N 171-FZ)

The consumer also has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed (service provided). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.

2. The price of the work performed (service rendered), returned to the consumer upon refusal to fulfill the contract for the work performed (service rendered), and also taken into account when reducing the price of the work performed (service rendered), is determined in accordance with paragraphs 3, 4 and 5 of Article 24 of this Law.

(as amended by Federal Law dated December 21, 2004 N 171-FZ)

3. Requirements related to deficiencies in the work performed (service provided) may be presented upon acceptance of the work performed (service provided) or during the performance of the work (service provided), or, if it is impossible to detect deficiencies upon acceptance of the work performed (service provided), in within the time limits established by this paragraph.

The consumer has the right to make claims related to defects in the work performed (service provided), if they are discovered during the warranty period, and in its absence, within a reasonable period, within two years from the date of acceptance of the work performed (service provided) or five years in relation to the defects in buildings and other real estate.

(Clause 3 as amended by Federal Law dated December 17, 1999 N 212-FZ)

4. The contractor is responsible for defects in the work (service) for which there is no warranty period, if the consumer proves that they arose before his acceptance of it or for reasons that arose before that moment.

In relation to the work (service) for which a warranty period is established, the contractor is responsible for its shortcomings, unless he proves that they arose after the consumer accepted the work (service) as a result of his violation of the rules for using the result of the work (service), actions of third parties or force majeure .

(Clause 4 introduced by Federal Law dated December 17, 1999 N 212-FZ)

5. In cases where the warranty period provided for in the contract is less than two years (five years for real estate) and defects in the work (service) are discovered by the consumer after the expiration of the warranty period, but within two years (five years for real estate), the consumer has the right to present the requirements provided for in paragraph 1 of this article, if he proves that such defects arose before his acceptance of the result of the work (service) or for reasons that arose before that moment.

(Clause 5 introduced by Federal Law dated December 17, 1999 N 212-FZ)

6. If significant deficiencies in the work (service) are identified, the consumer has the right to make a demand to the contractor to eliminate the deficiencies free of charge if he proves that the deficiencies arose before he accepted the result of the work (service) or for reasons that arose before that moment. This claim may be made if such defects are discovered after two years (five years in relation to real estate) from the date of acceptance of the result of work (service), but within the service life established for the result of work (service), or within ten years from the date of acceptance of the result of work (service) by the consumer, if the service life is not established. If this requirement is not satisfied within twenty days from the date of its presentation by the consumer or the detected defect is irreparable, the consumer, at his choice, has the right to demand:

(as amended by Federal Law No. 212-FZ of December 17, 1999)

a corresponding reduction in the price for the work performed (service provided);

reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties;

refusal to fulfill the contract for the performance of work (provision of services) and compensation for losses.

(as amended by Federal Law dated December 21, 2004 N 171-FZ)

Article 31. Time limits for satisfying individual consumer requirements

1. Consumer demands for a reduction in the price for work performed (service provided), for reimbursement of expenses to eliminate deficiencies in the work performed (service provided) on their own or by third parties, as well as for the return of the amount of money paid for the work (service) and compensation for losses caused in connection with the refusal to execute the contract, provided for in paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of this Law, are subject to satisfaction within ten days from the date of presentation of the corresponding demand.

(as amended by Federal Law dated December 21, 2004 N 171-FZ)

2. The consumer’s demands for the free production of another thing from a homogeneous material of the same quality or for the repeated performance of work (provision of a service) are subject to satisfaction within the time limit established for the urgent performance of work (provision of a service), and if this period is not established, in the period stipulated by the contract for the performance of work (provision of services), which was improperly fulfilled.

3. For violation of the deadlines for satisfying individual consumer requirements provided for in this article, the executor shall pay the consumer a penalty (fine) for each day of delay, the amount and procedure for calculation of which are determined in accordance with paragraph 5 of Article 28 of this Law.

In case of violation of the deadlines specified in paragraphs 1 and 2 of this article, the consumer has the right to present to the contractor other demands provided for in paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of this Law.

Article 1068 Civil Code RF. Liability of a legal entity or citizen for harm caused by its employee

1. A legal entity or citizen shall compensate for damage caused by its employee in the performance of labor (official, official) duties.

In relation to the rules provided for by this chapter, employees are citizens who perform work on the basis of employment contract(contract), as well as citizens performing work under a civil contract, if they acted or were supposed to act on the instructions of the relevant legal entity or citizen and under his control over the safe conduct of work.

2. Business partnerships and production cooperatives compensate for damage caused by their participants (members) when the latter carried out entrepreneurial, production or other activities of the partnership or cooperative.

I wish you good luck and health. If you have any difficulties, you can contact us.