Poor-quality care can be conditionally divided into two categories: poorly done work and harm to health as a result of treatment. In order to protect your rights, you need to study the laws "On the Protection of Consumer Rights" and "On Health Care".

1. If the work is poorly done, and the warranty period has not yet expired

For example, a filling, a crown. Under the guarantee, the clinic is obliged to work or return its full cost. It is advisable to keep the contract and receipt, although the clinic should have data about your visit. They redo the work under warranty, as a rule, without problems. But to return the money, you need to write an application addressed to the general director (chief physician). But few people know that by law you have the right to demand reimbursement for the cost of correcting work in another clinic, more expensive.

2. If poor-quality work has led to more serious consequences

For example, an incorrectly placed crown led to a crack in the root of the tooth and the need to remove it and install an implant. In this case, it is important to be able to prove that it was the installation of the crown that led to the loss of the tooth. How to proceed in this case.

In no case do not scandalize or swear - this will not achieve anything, but on the contrary, give the unscrupulous clinic time to “prepare” for your claims.

If you are determined, go for a paid consultation with a lawyer (free ones are usually not very informative), it is advisable to find a lawyer or a company that specializes specifically in medical cases. During the consultation, the lawyer will tell you in what sequence you need to act in your particular situation. Sometimes it is possible to settle everything at the pre-trial stage.

To request medical cards, you need to write an application in two copies, on one of them the representative of the clinic must sign that he accepted it. It is the duty of any medical institution to provide copies of medical documents and medical history upon written request.

Before starting the treatment of the consequences in another clinic, ask the doctor to do the oral cavity, this will be needed to file a claim.

You can claim reimbursement for the cost of treatment in this clinic, the cost of subsequent treatment, moral damage (usually from 20 to 50,000 rubles), and all related expenses. The court also collects a fine equal to the cost of poor-quality services rendered.

Realistically evaluate your chances if it comes to litigation. The most difficult thing is to prove the connection between improper treatment and the problems that have arisen, this is done by a medical examination. Initially, you pay all expenses, in case of a positive court decision, they are collected from the clinic.

Do not engage in polemics with representatives of the clinic. All claims and conclusions must be appealed only in writing.

Paying for the expensive work of lawyers, evaluate the risks. If this is a small private clinic, then it is quite possible that it will close the legal entity, and there will simply be no one to sue. Also, do not forget that behind each clinic there is a lawyer who will protect its interests.

There is no strict form for making an application. The main thing is to write legibly and politely, not to resort to threats and abuse against the offender, the organization, the chief physician and his relatives, and also to set the correct date for submitting the appeal. How to write:

• in the upper, introductory part of the application, indicate the name of the head physician, the name of the hospital, the name and contact details of the applicant.
• in the main part, state the pressing problem (the fact and circumstances of the offense, preferably indicating the date of the incident) and proposals for its settlement.

At Roszdravnadzor, the Federal Service for Surveillance in Healthcare (abbreviated as Roszdravnadzor), at the request of an interested person, will inspect a dental institution or an individual practitioner for the legality of their professional activities and the quality of medical services.

Complaint against a dentist

Electronic form for sending a complaint: A positive result of the appeal will be an unscheduled inspection of private dentistry and a conclusion on the identified violations. “Universal” Instances Appeal against serious offenses of doctors in order to compensate for the harm caused to the patient is carried out in the prosecutor's office and / or court. The same applies to the intention to bring a negligent or incompetent “specialist” to administrative or criminal liability.

And here it does not matter on what basis the dentist carried out his activities - for a fee or within the framework of state medical institutions - with sufficient grounds, the supervisory and justice authorities will consider a complaint against a state clinic, legal entity or individual entrepreneur.
The OP experts intend to analyze such indicators of the work of medical institutions as the availability of information about the reception of specialists for visitors, the ability to get an appointment or a diagnostic procedure in time, waiting time in queues, facts of extortion of money, the quality of diagnosis and treatment, the suitability of premises for sick and disabled people, the culture of communication with patients. The "hot line" starts working on May 27. Where can I complain about the polyclinic? How to write a complaint? If, when contacting a healthcare institution, you have a conflict situation with junior medical personnel or doctors, then, of course, the head of this medical institution will be the first instance. The complaint should be filed in the name of the chief physician (or other official in charge of this clinic).

We make a claim and a complaint about dentistry correctly

Each region of the Russian Federation has its own contact center, where you can contact the hotline or in writing by e-mail. You can ask the contact center questions related to the protection of the rights of citizens to receive free medical care under the CHI policy.

Attention

To Roszdravnadzor A patient who encounters illegal actions of a doctor has the right to complain about him to the Federal Service for Surveillance in Healthcare. This can be done by regular and e-mail, as well as by fax and from the official website of Roszdravnadzor by filling out the form.

Important

Ministry of Health Before complaining to the ministry, it is advisable to first try to resolve the conflict in lower levels. However, the scope of the Ministry's tasks is extensive, which allows you to apply there with almost any issue.

Where to complain about doctors?

So, the victim has the right to immediately sue the dentist and demand compensation. Sample complaint and claim to dentistry First of all, it is worth clarifying that the correct procedure for resolving the conflict is as follows:

• An introductory part with information to whom and from whom the complaint is being sent (in the claim, you must also indicate the full name of the defendant).
• Descriptive - with a brief and meaningful statement of the fact of the offense.
• Pleading - contains a request formulated and based on current legislative acts.
• List of documents attached to the application.
• Date and signature.

A complaint to the prosecutor's office and the court can be filed simultaneously, you can first go to the prosecutor's office and, if necessary, continue the proceedings in court, or you can immediately go to the justice authority.
A complaint against a dentist is an official document that establishes the requirements of the patient and describes the essence of the occurrence of such requirements. According to Article 4 of the Federal Law "On the Procedure for Considering Appeals from Citizens of the Russian Federation", a complaint is a citizen's request for the restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons. Responding to a written complaint is mandatory for official bodies and organizations. In addition, consideration of the complaint must take place in full compliance with the procedures and terms established by this federal law. We offer our sample complaint, in which we tried to take into account all typical situations. You can correct and supplement the specified sample - the complaint does not have a mandatory prescribed form.
Author How Easy! Unfortunately, the quality of free medical care leaves much to be desired. Often people who come to the clinic for help face indifference and lack of respect from doctors.

Of course, such an attitude towards patients is unacceptable. Therefore, it is necessary to know to which authorities you can complain about a particular doctor or the clinic itself in order to find justice for this medical staff.

- Yegor Olegovich, on what basis is the commission created, who is included in it?

The commission is created under the health committee and the composition, respectively, is approved by it. Moreover, the committee is guided by the recommendations of the St. Petersburg Dental Association in the framework of an 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. Offers and evaluates their association. On the one hand, she does this on formal grounds (in accordance with the required list of specialists, the availability of a scientific degree and practical work experience). Basically, the members of the commission are representatives of educational organizations, scientists, there are also employees of polyclinics, but more 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 doing real research?

Yes, explore everything that can be explored. First, these are medical documents - the main object of research before the examination of the patient. Almost always, in addition to the medical record, the patient provides many other materials - conclusions based on the results of consultations, consultations of doctors from different clinics, data from additional studies ( radiological , allergic, histological…).

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

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

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

People are looking for the truth in different ways: someone first turns to the administration of the clinic, and someone goes straight to the Kremlin. As a rule, such a request still comes to us. Until 2008, the flow of applications to GorKEK came from everywhere. We considered not only the requests of patients, we had to work with requests from the courts, the prosecutor's office, insurance companies, and licensing authorities. Moreover, the number of these requests grew so much that it was necessary to change the procedure for receiving applications and make sure that they came to the GorKEK only through the health committee. Around the same time, we made sure that our colleagues who conduct a preliminary examination of documents were paid remuneration from the city budget for their work. Well, the members of the GorKEC, both 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 they write an application to the health committee with a request to appoint an examination in the GorKEK.

- What are the most common complaints?

According to the type of assistance provided, more than half of the complaints are related to dental prosthetics, almost a quarter - therapy, every tenth case - surgical interventions. Rarely - less than 5% - complaints about the quality of orthodontic care. Approximately 8% of cases are combinations of different types of care, 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 violations medical technologies, and with non-compliance with ethical standards by the staff of the clinic.

It happens that the patient's claim is caused not so much by a real defect as by unfulfilled high expectations. In such situations, the doctor also bears some responsibility if did not inform the patient in an accessible form about the state of his health, about the results of the examination, diagnosis and prognosis, methods of treatment, the risk of possible complications.

There are also real iatrogenies (harm to health as a result of treatment). For example, we analyzed the case when a girl's jaw was broken during a tooth extraction. This is a possible complication, but the doctor then behaved incorrectly: the patient was not at all conflicted, she simply asked for help, and the doctor was inactive and even denied the very fact of the fracture. As a result, a more severe complication arose - post-traumatic osteomyelitis. The man had a hard and long time to be treated.

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

There are really not so many complaints about orthodontic treatment, apparently because its share in the structure of all dental care is much less than the share of prosthetics.

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

Wrong treatment is what it is. medical error. But the legislative definition of her and not allowed. We proceed from the assumption that errors are preventable, objectively wrong actions (or inaction) of a doctor that contributed or could contribute to the violation of medical technologies, an increase in the risk of progression of an existing disease or the emergence of a new pathological process or patient dissatisfaction.

As for the unambiguity of the answer, whether the treatment was “correct” or “incorrect”, such simple assessments as “yes” or “no” are very rare. We often have to work with complex cases, in conflict situations. And it almost never happens that everyone is 100% satisfied with the result of the examination. Neither patients nor representatives of medical organizations usually have complete satisfaction. Experts are depressing, but have not been surprised for a long time.

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

The commission has an important psychological significance - in a sense, it disciplines both parties: it is a platform on which, sometimes for the first time, they really begin to listen and understand each other, overestimate their actions.

Does it happen that representatives of the clinic do not appear at the meeting of the commission? Like because she just disappeared?

There were situations when claims were made against a clinic that has already been liquidated, or one that has not yet received a license, and claims that it has 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 opinion about the quality of the treatment provided, and operational-search measures, sanctions against clinics are not our business. GorKEK is a consultative and advisory body on quality management of dental care, the decisions of the commission are advisory in nature.

Theoretically, yes.

- Did it happen?

No. In our country medical licenses are canceled very rarely, and there are practically no mechanisms for disqualifying a doctor. There are other mechanisms, such as civil damages or criminal liability.

But it is precisely the deprivation of a clinic - a license or a doctor - of the right to engage in medical activities that can insure patients against poor-quality treatment ...

Therefore, in other countries, a doctor, even if he does not receive a sentence, may be disqualified. And it is still unknown what he is more afraid of - imprisonment or deprivation of a profession. And here, even if a doctor was found guilty of committing a crime against health and imprisoned, his professional status is still preserved.

- Why do dentists cherish the honor of their uniform so much - if a doctor of one clinic treated a patient incorrectly, in another clinic he will never be given an opinion on incorrectly performed treatment, they say - corporate (professional) ethics does not allow?

This is false ethics. The true professional ethics of a doctor lies in the fact that he does not serve 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 not everywhere. On the contrary, another extreme is often encountered, when a doctor, in an effort to attract the sympathy of a patient, begins without sufficient reason to criticize the work of other clinics and specialists, accompanying this with very incorrect characteristics addressed to them ... There is such a "corporatism". In general, ethical problems in our medicine are a separate issue.

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

I am convinced that a decisive role in the management of the quality of medical care should be played by professional community. But we still do not have a full-fledged effective system for managing the quality of medical care.

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

These are already defined quality controls, but only elements. Because the decisive thing in quality management is not the creation of different systems, but 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 be an employee with a permanently deficient status, this is a different coordinate system.

Irina Dontsova

Dr. Peter

Most patients rely on free treatment in public dental offices and on an individual approach with reliable guarantees in private ones. However, in reality, some of them face the opposite: a “free” medicine specialist extorts money and tries to sell an “extremely needed” medication to a friendly pharmaceutical company, and a private dentist provides unskilled assistance, sometimes significantly aggravating the patient’s initial condition.

In any negative situation, it is important to be able to counteract the failed system and restore justice. This can be done with the help of a complaint (How to write a complaint about a hospital) submitted to the authorized body for consideration.

To the dentist of the state polyclinic

A doctor of a state medical institution is obliged to provide free treatment without compromising quality and has no right to refuse qualified medical care to a patient in need. Failure to comply with these rules, the dentist violates the rights of the citizen who applied to him, for which he must be held accountable.

to the head physician

If the doctor’s offense did not entail serious consequences for health, and the misconduct is more of a disciplinary nature (unreasonable delay in accepting a patient, offensive behavior, absence from the workplace during the established appointment hours, etc.), it is advisable to contact the head physician with a complaint polyclinics.

However, one should not place great hopes on this appeal. As a rule, the maximum that can be expected from the head physician is a reprimand to a subordinate. Lost time, nerves and peace of mind will not be reimbursed. True, in the case when an unethical and undisciplined dentist has long been attributed to the problem areas of the institution, severe sanctions can be applied against him, up to dismissal or transfer.

Material compensation for the harm caused by the dentist or calling to account for interacting with commercial organizations for personal gain will not follow a complaint to the head physician. But rather, on the contrary, the management will “cover” the employee, because in the first case they do not want to spoil the reporting and make public the scandal, and in the second - most likely for one with the offender.

Complaint to the head physician may be submitted orally or in writing. But for further proceedings, the applicant is recommended to record his appeal. To do this, he should write a complaint in two copies, and keep one of them, signed by the head of the clinic.

There is no strict form for making an application. The main thing is to write legibly and politely, not to resort to threats and abuse against the offender, the organization, the chief physician and his relatives, and also to set the correct date for submitting the appeal.

How to write:

• in the upper, introductory part of the application, indicate the name of the head physician, the name of the hospital, the name and contact details of the applicant.
• in the main part, state the pressing problem (the fact and circumstances of the offense, preferably indicating the date of the incident) and proposals for its settlement.

To Roszdravnadzor

The Federal Service for Surveillance in Healthcare (abbreviated as Roszdravnadzor), at the request of an interested person, will inspect a dental institution or an individual practitioner for the legality of their professional activities and the quality of medical services. But this service will require a good reason. Therefore, a competent complaint against a dentist must be accompanied by evidence of the facts set forth in it, which is especially true for claims about the inadequate quality of the treatment provided.

1. A document confirming a visit to a specific medical specialist. For a state polyclinic, this is a medical card (a copy of the page with the corresponding entry), an outpatient coupon or an extract from the registry records (issued upon request by the competent staff of the institution).
2. The results of a medical examination, testifying to the fact of poor-quality "treatment".

But not all offenses can be proven, so the fact that some of them have been committed by the inspection will need to be investigated independently. This applies, for example, to extortion or the imposition of a medical device of a certain manufacturer, which is clearly not based on expediency, but due to prior agreement with the implementing organization.

The complaint itself is made with the following information:

1. "Hat" - the name of the state body, the applicant's full name and address.
2. The main part is a description of the offense indicating the date of its commission, full name, position and place of work of the offender.
3. Petition - a request for an inspection of the dentist or the entire clinic.
4. Appendix - listing of accompanying documents.
5. Date of filing and signature from the victim (his legal representative *) with a transcript.

* - for a minor patient or an adult incapacitated, his parent, guardian or trustee can write and file a complaint.

The application is made to the Office of the organization of quality control of medical care to the population or the head of Roszdravnadzor (as in the sample).

How to send

A complaint to the Federal Service for Supervision of Healthcare can be sent to the address 109074, Moscow, Slavyanskaya Square, 4, building 1 or using the electronic filing service on the official website of Roszdravnadzor. Access to the management reception for individuals - http://www.roszdravnadzor.ru/services/person. Further algorithm of actions:

1. Select the type of appeal "Organize verification of the stated facts."
2. Log in to the ESIA (login is carried out through an already created account on the State Service portal).
3. Fill in the missing data (some of them will be entered automatically from the unified identification and authentication system) and the text of the complaint.
4. Attach scans or color photographs of the documents attached to the case.
5. Send a message.

Electronic form of appeals

The results of the inspections carried out are presented for review at the link http://www.roszdravnadzor.ru/services/revisions.

Territorial authorities

In most cases, the territorial bodies (TO) of Roszdravnadzor are able to provide effective and prompt consideration of a complaint. To go to the site of the desired department, you need to select the appropriate item under the coat of arms of the service, in the upper left corner of the main page of the portal http://roszdravnadzor.ru.

The websites of the TO provide contact information for filing a written complaint (often this can be done in person at the facility or by mail) and a service for submitting complaints electronically.

To a private dentist

The dentist of a paid clinic, despite the special procedure for providing medical services, is responsible for the result to the client and is equally responsible for his negligence with a state medical worker. According to paragraph 33 of the RF PP dated October 4, 2012 N 1006, the Federal Service for Supervision of Consumer Rights Protection and Population Welfare (abbreviated as Rospotrebnadzor) is responsible for monitoring the activities of private practicing dentists or the clinics in which they work.

The service accepts complaints and appeals from citizens at the address 127994, Moscow, Vadkovsky lane, building 18, building 5 and 7, in accordance with the established schedule, which can be found on the official website of the organization.

On the official portal of Rospotrebnadzor there is a virtual reception http://petition.rospotrebnadzor.ru/petition/.

When drawing up a written complaint, one should be guided by the standard rules and recommendations that have already been given above regarding writing an application to Roszdravnadzor. As for the electronic complaint, its submission is also possible only after authorization in the ESIA.

Electronic form for submitting a complaint:

A positive result of the appeal will be an unscheduled inspection of private dentistry and a conclusion on the identified violations.

"Universal" Instances

Appeal against serious offenses of doctors in order to compensate for the harm caused to the patient is carried out in the prosecutor's office and / or court. The same applies to the intention to bring a negligent or incompetent “specialist” to administrative or criminal liability. And here it does not matter on what basis the dentist carried out his activities - for a fee or within the framework of state medical institutions - with sufficient grounds, the supervisory and justice authorities will consider a complaint against a state clinic, legal entity or individual entrepreneur.

In these instances, it is necessary to provide a solid evidence base, namely:

1. The conclusion of the medical examination - can be obtained from the territorial body of Roszdravnadzor or undergo a forensic examination at the request of the court (if the correction of a medical error can wait until the trial).
2. An agreement for the provision of services by a paid dentist, a cash receipt or a medical card / outpatient coupon / extract from the registry, indicating a visit to the state dental office.
3. Video recording of the conversation with the offender or other evidence of the doctor's misconduct.

An application to the prosecutor's office and a lawsuit to the court are drawn up according to the same principle:

• An introductory part with information to whom and from whom the complaint is being sent (in the claim, you must also indicate the full name of the defendant).
• Descriptive - with a brief and meaningful statement of the fact of the offense.
• Pleading - contains a request formulated and based on current legislative acts.
• List of documents attached to the application.
• Date and signature.

A complaint to the prosecutor's office and the court can be filed simultaneously, you can first go to the prosecutor's office and, if necessary, continue the proceedings in court, or you can immediately go to the justice authority. The instance is chosen on the basis of the territorial principle - at the location of a medical institution or the office of a private practicing dentist.

Sample application for an inspection to the prosecutor's office:

Example of a lawsuit

The legislative framework

Legal Basis for Complaining Dentist Misconduct or Omission:

1. Federal Law "On the fundamentals of protecting the health of citizens in the Russian Federation" dated November 21, 2011 N 323
2. Federal Law "On the sanitary and epidemiological well-being of the population" dated March 30, 1999 N 52.
3. "Criminal Code of the Russian Federation" dated 13.06.1996 N 63.
4. "Constitution of the Russian Federation" (adopted by popular vote on December 12, 1993).
5. RF GD “On approval of the Rules for the provision of paid medical services by medical organizations” dated October 4, 2012 N 1006.
6. Federal Law "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" dated December 26, 2008 N 294.
7. "Civil Code of the Russian Federation" part 2 (part 2) dated January 26, 1996 N 14.

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