The tooth was poorly healed, where can I complain? What to do if you received poor quality dental care. Where to file a complaint about a dentist’s mistake in municipal dentistry

Most patients expect free treatment in public dental offices and on individual approach with reliable guarantees in private. However, in reality, some of them face the opposite: a specialist in “free” medicine extorts money and tries to sell an “extremely necessary” medication to a friendly pharmaceutical company, and private dentist provides unqualified 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 against a hospital) submitted to the authorized body for consideration.

For a dentist at a public clinic

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

To the head physician

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

However, this appeal should not be relied upon great hopes. As a rule, the maximum that can be expected from the chief physician is a reprimand to a subordinate. Wasted time, nerves and peace of mind will not be refunded. True, in cases where an unethical and undisciplined dentist has long been identified as a problem area of ​​the establishment, strict sanctions can be applied against him, including dismissal or transfer.

Financial compensation for harm caused by the dentist or holding him accountable for interaction with commercial organizations for selfish purposes the head physician will not follow up on the complaint. But rather, on the contrary, the management will “cover up” for the employee, since in the first case they do not want to spoil the reporting and make the scandal public, and in the second case, they are most likely at the same time as the offender.

A complaint to the chief physician can 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 drawing up 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 filing the appeal.

How to write:

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

To Roszdravnadzor

The Federal Service for Surveillance in Healthcare (abbreviated as Roszdravnadzor), upon application of an interested person, will inspect a dental institution or individual practitioner to determine the legality of their professional activity and quality of service medical services. But for this the service will need good reasons. Therefore, a competent complaint against a dentist must be accompanied by evidence of the facts stated in it, which especially concerns claims about the inadequate quality of the treatment provided.

  1. A document confirming a visit to a specific medical specialist. For a public clinic, this is a medical card (a copy of the page with the corresponding entry), an outpatient card or an extract from the registry records (issued upon request by competent employees of the institution).
  2. The results of a medical examination indicating the fact of poor-quality “treatment”.

But not all offenses can be proven, so the fact that some of them have been committed will need to be investigated by the inspectorate on its own. This applies, for example, to extortion or imposition medical device a certain manufacturer, which clearly does not proceed from expediency, but due to a preliminary conspiracy with the selling organization.

The complaint itself is drawn up indicating the following information:

  1. “Cap” - the name of the government agency, the applicant’s full name and address.
  2. The main part is a description of the offense indicating the date it was committed, full name, position and place of work of the offender.
  3. A petition is a request for an inspection of a dentist or an entire clinic.
  4. Appendix - listing of accompanying documents.
  5. Date of filing and signature from the victim (his legal representative*) with transcript.

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

The application is drawn up to the Office of the Organization for Quality Control of Medical Care to the Population or to the head of Roszdravnadzor (as in the example).

How to send

A complaint to the Federal Service for Surveillance in 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 request type “Organize verification of the stated facts.”
  2. Log in to the ESIA (log in through an already created account on the State Services portal).
  3. Fill in the missing data (some of it 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 message.

Electronic application form

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

Territorial authorities

In most cases, territorial bodies (TO) of Roszdravnadzor can provide effective and prompt consideration of complaints. To go to the website of the desired department, you need to select the appropriate item under the coat of arms of the service, in the left top corner home page portal http://roszdravnadzor.ru.

The TO websites contain contact information for filing a written complaint (often this can be done during a personal visit to the institution or by mail) and a service for sending complaints in electronic format.

For a private dentist

Dentist paid clinic, despite the special procedure for the provision of medical services, is responsible for the result to the client and is liable for his negligence in equally with a government health worker. According to clause 33 of the RF PP dated October 4, 2012 N 1006, control over the activities of private practicing dentists or the clinics in which they work is carried out by the Federal Service for Supervision of Consumer Rights Protection and Public Welfare (abbreviated as Rospotrebnadzor).

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

There is a virtual reception room on the official portal of Rospotrebnadzor http://petition.rospotrebnadzor.ru/petition/.

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

Electronic form for sending a complaint:

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

"Universal" authorities

Appeals against serious offenses by doctors in order to compensate for the harm caused to the patient are made to the prosecutor's office and/or court. The same applies to the intention to involve a negligent or incompetent “specialist” in 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 - if there are sufficient grounds, the supervisory and justice authorities will consider a complaint against a state clinic, legal entity or individual entrepreneur.

It is necessary to provide the specified authorities with a thorough evidence base, namely:

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

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

  • An introductory part with information to whom and from whom the complaint is being sent (the full name of the defendant must also be indicated in the claim).
  • Descriptive - with a brief and meaningful statement of the fact of the offense.
  • Petition - 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 to the prosecutor's office and, if necessary, continue the proceedings in judicial procedure, or you can immediately contact the justice authority. The authority is selected based on the territorial principle - according to location medical institution or the office of a private dental practitioner.

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

Example of a statement of claim to the court

Legislative framework

The legal basis for appealing unlawful actions or inaction of a dentist:

  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 welfare of the population” dated March 30, 1999 N 52.
  3. “Criminal Code of the Russian Federation” dated June 13, 1996 N 63.
  4. “Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993).
  5. RF PP “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 Protection of Rights 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.

Scandal in dentistry: video

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Consumer rights in case of poor-quality medical service provided

The quality of service provision and the nature of such services is determined by the contract. According to the Law “On Protection of Consumer Rights”, the contractor must act in accordance with such an agreement. When talking about dental services, you should remember that the same principles apply.

Attention! If the consumer is dissatisfied with the work of the dentist, the citizen may demand the following:

  • elimination of deficiencies caused by the dentist free of charge;
  • reduction in the cost of the service commensurate with the nature of the deficiencies;
  • repeated provision of services free of charge;
  • reimbursement of expenses incurred as a result of eliminating deficiencies in the dentist’s work.

Also, the consumer can always completely terminate the contractual relationship if the dentist does not eliminate the defects within the period of time established by the agreement. In such a situation, there will also be full compensation for losses on the part of the violator of the contract.

Making a demand to correct deficiencies or reduce the cost of a service can occur either during the dentist’s work, or upon acceptance of the result of the service, or within the period established by the contract, after acceptance of the work, but provided that it was not possible to immediately identify the shortcomings.

Speaking about the deadlines for submitting demands to the dentist, you should remember that this applies general rule about the warranty period, which must be indicated in the contract. If there is no such clause, then the provisions of the Civil Code of the Russian Federation apply, and a reasonable period for making a claim will be two years.

When the contract does not provide for a warranty period and it is necessary to resort to the provisions Civil Code, it is necessary to understand that this option is possible only if the shortcomings arose before the acceptance of the result of the work.

In this case, the dental clinic will be responsible for errors if it does not prove that the shortcomings arose due to the fault of the customer, third parties or force majeure.

There may also be situations in which the warranty period expires. And the client only discovered the shortcomings after that. Here it is allowed, as a general rule, to demand compensation and reimbursement from the dentist within two years, but only on the condition that it is proven that errors were made before accepting the result of the work.

It is possible for the consumer to make claims even after the expiration of two years. This is allowed only if significant deficiencies in the service provided are identified and such are identified before the client accepts the work.

In this case, the consumer is also given a limited time to make demands. The period in this case increases to ten years.

If the demand presented to the dentist has not been satisfied within twenty days, or the deficiencies cannot be corrected in principle, then the consumer has the right to demand the following:

  • reduce the cost of services in proportion to the identified shortcomings;
  • reimburse the costs incurred by the client by eliminating the shortcomings of the work result.

The consumer can also refuse and terminate the contractual relationship, while demanding compensation for losses.

Sample complaint to dentistry

Important! To resolve the situation with the dentist, you should first pay attention to the prescribed procedure:

  • You should try to resolve the conflict verbally and come to an agreement on the spot. If there is no peace agreement, then other means of influencing the violator should be used;
  • filing a claim in writing. It is sent by registered mail or delivered in person to confirm receipt;
  • preparing a complaint to Roszdravnadzor;
  • a statement of claim to the court sent immediately after a satisfactory resolution of the complaint.

Preparing a complaint is the main stage, because a correctly drawn up document will lead to satisfaction of the requirements. To file a complaint, you can contact a lawyer or do the survey yourself.

To correctly convey information about the current situation, a person only needs to follow the structure of the complaint or use ready-made sample. Initially, the header always contains information about the body to which the complaint is sent, then about the applicant with detailed information about the person, down to the contact phone number.

The main part of the document should fully reflect the situation, the reasons for the occurrence of deficiencies, the timing of their identification, measures taken before, and so on. Next, the requirement for measures that must be applied to the dentist is recorded. The document ends with the date of preparation and the personal signature of the applicant, that is, the injured person.

The document must be drawn up in two copies. This is necessary so that one copy remains with the applicant with a mark of receipt, and the second copy remains with the addressee. When the complaint is sent by mail, you must keep the receipt of the registered letter.

ATTENTION! Look at the completed sample complaint to the chief physician against the doctor:

What documents need to be provided

The facts stated in the complaint must be documentary evidence, only in this case the appeal will be satisfied.

Accordingly, you will need to attach the following documents:

  • agreement on the provision of medical services;
  • treatment plan;
  • extract from medical card about the fact of medical measures, diagnosis, result of treatment;
  • certificate of work performed, if any;
  • checks or bills confirming payment for the service;
  • applicant's details.

Only copies of documents should be provided; the originals should remain in the hands of the victim. Only a government agency or court can request them.

When a claim is sent directly to a dental clinic, it is enough to submit only the application; the remaining documents in the form of copies must be kept in the administration of the medical institution.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

When a complaint is not satisfied

Satisfaction of a complaint involves complex procedure. Since the basis for collecting money from a dental clinic will be the recognition of the services provided as being of poor quality.

Work performed properly will be recognized as such in the following situations:

  • the agreement does not provide for a specific result and allows for its intended use;
  • the service complies with the standards proposed by Rosstandart;
  • the result of the service fully corresponds to the initially stated goals.

The degree of service quality is determined by an independent examination. All conclusions are formalized in the conclusion. If the complaint ultimately results in a refusal, then it will be possible to obtain compensation only through the court.

Watch the video. Where to complain about negligent doctors:

Complaint to Roszdravnadzor

Roszdravnadzor, at the request of a citizen who was injured by the actions of a dentist, carries out verification activities. The body has the right to instruct the clinic’s doctors, as well as conduct a study that would determine the level and quality of the services provided.

Since such actions federal service must have certain grounds, the applicant must prepare full list documents that would serve as evidence of a violation.

Notice! Therefore, the following materials must be attached to the complaint:

  • document confirming a visit to the dentist. This could be a medical card, a coupon, an extract, and so on. A citizen cannot fail to present such documents;
  • the results of an examination that would establish the fact that the services were provided with poor quality. First, the applicant must independently initiate the research, only after that the federal service will verify the information received.

Some types of violations cannot be confirmed in this way, so you will have to conduct your own investigation and identify violations. For example, to establish the fact of extortion by doctors, fraud, and so on.

The complaint, which will be submitted to Roszdravnadzor, must also comply with the rules for observing the structure of the document.

ATTENTION! Look at the completed sample complaint to Roszdravnadzor against a doctor:

The following elements are included in this appeal:

  • cap. This will include information about the body to which the citizen applies, personal data of the applicant;
  • main part. This assumes a description of the offense with reference to the evidence reflected in the application. It is necessary to indicate in which medical institution the doctor works, full name and the position of such;
  • operative part. The information presented ends with a specifically defined requirement, reflecting the nature of the measures that must be applied to the dentist. It is not necessary to make references to legislative acts;
  • application. At the end of the document, you must list the papers that will be submitted along with the complaint.

The appeal ends with the date of preparation and the personal signature of the affected person.

How to send

There are several ways to send a complaint to Roszdravnadzor. If you use mail, you will need an address government agency: 109074, Moscow, Slavyanskaya Square, 4, building 1. You can also use the electronic resource - the official website of the federal service .

Please note! To do this you will need to go through the following steps:

  • determine the type of appeal - “Organization of verification of the proposed facts”;
  • log in account or log in through the State Services website;
  • fill out the information in the form provided and enter the text of the complaint in the special field;
  • upload scanned copies and photographs of the attached papers;
  • send a message.

The time frame for consideration of a complaint is established by the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” and is thirty days. The response comes in the form specified when sending the complaint (by mail, electronically).

Where to complain about a private dentist

Private dental clinics will be held liable for violations on the same basis as public medical institutions. The principle of filing complaints against the actions of such doctors will not be different.

At work private dental clinics The federal service, Roszdravnadzor, also monitors this. Personal appeal or by mail is allowed by registered letters or in electronic form.

To file a complaint will also apply general principles. The need to comply with the structure of the document, prepare a list of necessary documentation, and register on the State Services website if an electronic version of the application is being implemented.

A positive response will lead to an unscheduled inspection of the private clinic and a conclusion based on its results.

ATTENTION! Look at the completed sample complaint against a doctor at a private clinic:

Appeal to the Prosecutor's Office and the court

Practice determines such offenses that are considered significant and require contacting law enforcement agencies, namely the court or the prosecutor's office. This option makes it possible to achieve not only compensation for losses, but also to bring violators to administrative or criminal liability.

It will not matter whether the doctor provided medical services for a fee or free of charge. It also doesn’t matter whether the clinic exists as an individual entrepreneur or a legal entity. In any case, the violated interests of consumers must be protected.

Please note! It should be understood that the prosecutor’s office and judicial authorities must receive a good evidence base, which includes the following:

  • medical expert opinion. The study can be carried out by contacting Roszdravnadzor, or waiting for a request from a judicial authority, but this option will require waiting for the start of the trial, which is not always convenient;
  • agreement for the provision of medical services, coupon, extract from outpatient card, check, payment or other papers confirming the provision of services and payment for them by the consumer.

You can also provide videos, photos and other materials that can serve as evidence in the case.

ATTENTION! Look at the completed sample statement of claim against a doctor:

The application to both the prosecutor's office and the judicial authority must also be drawn up in accordance with the rules and in compliance with the structure:

  • introductory part, including information about the authority, the applicant and the respondent;
  • the descriptive part, which involves a detailed presentation of information about the incident, an indication of the shortcomings and the reasons for their occurrence;
  • the pleading part, which records the requirements regarding the measures that need to be applied to the violator.

Poor quality care can be divided into two categories: poor work done and harm caused to health as a result of the 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 was performed poorly and the warranty period has not yet expired


For example, filling, crown. Under warranty, the clinic is obligated to do the work or return its full cost. It is advisable to keep the contract and receipt, although the clinic should have information about your visit. They usually redo the work under warranty without any problems. But for the return cash 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 the work in another, more expensive clinic.


2. If poorly performed work entails 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.


Do not make a scandal or swear under any circumstances - this will not achieve anything, but on the contrary, you will give the unscrupulous clinic time to “prepare” for your claims.


If you are determined, go to paid consultation to a lawyer (free ones are usually uninformative), it is advisable to find a lawyer or company that specializes specifically in medical matters. During the consultation, the lawyer will tell you in what sequence you need to act in your specific situation. Sometimes it is possible to settle everything at the pre-trial stage.


To request medical records, you need to write an application in two copies, on one of which the clinic representative must sign that he accepted it. Provide copies medical documents and medical history upon written request is the responsibility of any medical institution.


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


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


Realistically assess your chances if the matter comes to trial. The hardest thing is to prove the connection improper treatment and the problems that arise, it does medical examination. Initially, all expenses are paid by you; in case of a positive court decision, they are recovered from the clinic.


Do not enter into polemics with representatives of the clinic. They must appeal all claims and conclusions only in writing.


When paying for expensive work by lawyers, assess 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.

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 was provided to you improperly, you can demand termination of the contract and return of the money paid, 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. We treated the child’s teeth in a 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 of the medical institution) dated “___” stating that I was provided with medical care;
(specify the nature of 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 of the Federal Law of 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 execution on the territory of the Russian Federation by all medical organizations, as well as on the basis 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 statement of claim to defend your legal rights and compensate material damage!

5.3. About poor quality services services, the 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 medical organization, check out Federal law dated 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 contacted private clinic to the dentist. 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 forming a 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, there are very few institutions providing dental care has 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.