Poor quality treatment: what to do and where to complain, procedure and rights of the victim, rules and example of writing a complaint

To determine who to complain to about medical care, it is important to understand that medical care is a service. In our country, you can receive free treatment under the state program of compulsory health insurance (CHI), using the appropriate policy. Paid treatment is provided in private clinics at the expense of the clients themselves. In both cases, the patient has the right to rely on the Law of the Russian Federation N 2300-1 of 02/07/1992 “On the Protection of Consumer Rights” (ZOPPP).

Quality of medical care

According to Law No. 323-FZ of November 21, 2011 “On the Fundamentals of Health Protection...”, the quality of medical care is:

Timely medical care provided.
Correctly chosen method of providing the service.

Quality characterizes the degree of achievement of the set goal. In judicial practice, there are frequent disputes between patients and medical institutions due to the fact that the law does not focus on the correct implementation of the chosen method of treatment. In other words, if the prescription is correct, then this already indicates the correctness of the provision of medical services. There is no need to talk about guarantees of results (achieving the goal) due to the specifics of the healthcare industry.

When do patients usually complain? The most common cases:

Help was not provided in a timely manner or assistance was refused.
Misdiagnosis.
Negligence.
Too expensive appointments.
Rudeness and rudeness.
Damage to health as a result of treatment.
Wrongly chosen treatment method.

One patient's story

33-year-old resident of the Saratov region Alexander Kulikov has always been active, athletic and energetic. Having worked for more than 6 years as a commander of a combat crew section in a fire department, I understood perfectly well that without good physical shape it would not be possible to overcome fire and water. Yes, and the soldiers of the Ministry of Emergency Situations are driven so hard that it doesn’t seem like enough - either during the exercises you need to climb, like Spider-Man, onto a huge tower, or lift weights effortlessly, or get equipped in a matter of seconds. However, Alexander was not intimidated by all these difficulties, he always passed the standards easily, and in the event of a fire he was always the first to go. Endurance and good physical fitness were by no means superfluous in everyday life - an athletic figure that was the envy of everyone, a healthy glow on the cheeks. In a word - a man in the prime of his life.

However, one day, not at all wonderful, Alexander felt that he was starting to choke and cough. As usually happens, I thought I had a cold. It will pass. But shortness of breath increasingly interfered with normal life. And the painful cough ended in bloody stains on the handkerchief. Not a trace remained of his former prowess. Even getting to the third floor became a big problem. At this point Alexander put the cough medicine aside and went to the clinic at his place of residence. The local therapist looked, listened, and gave directions for tests and fluorography. She was diagnosed with chronic bronchitis in the acute stage.

And they treated the patient for obstructive pulmonary disease for a long time and persistently! One course of treatment followed another, but it did not get any easier. And only a year later, Alexander was sent for examination to the Saratov Regional Diagnostic Center. From there the patient was immediately admitted to a clinical hospital, because the condition was critical. But the most important thing is that they have finally revealed that the problem is not with the lungs at all. The diagnosis sounded like a death sentence: mitral valve disease. An urgent operation was needed. Saratov doctors could not help; the case was urgent and serious.

Alexander had no choice but to seek help from the Ministry of Health of the Saratov Region in order to obtain a quota for a high-tech operation in Moscow. But officials gave a disappointing answer - the next quota for the operation will not be earlier than in three months. According to the doctors, it was impossible to wait that long.

Fortunately, they advised me to contact the insurance company. And only after the intervention of insurers did the quota appear quickly. Within a week, the patient was sent to the Moscow Sechenov Academy for surgery to replace the mitral heart valve.

The operation was performed by Doctor of Medical Sciences, cardiovascular surgeon of the highest category Leonid Popov. Fortunately, God's doctor managed to save his patient. Operation was successfully completed. The capital's doctors were later surprised more than once - the disease turned out to be so advanced that Alexander could die at any moment. But he was treated for bronchitis for a whole year! Here it is - lost time and incompetent medical care, which could cost a person his life.

Alexander did not seek the truth in court and demand compensation for the provision of poor-quality medical care by a local physician who made an incorrect diagnosis. But in vain, legal consultant Elena Panikarskaya is sure.

#IMPORTANT

Article 41 of the Constitution of the Russian Federation guarantees the citizen's right to health care and medical care.

Forms of protecting patient rights

There are 2 forms of protecting patient rights:

Pre-trial (peaceful, claim).
Judicial.

The claim procedure within the framework is not mandatory. However, the court will certainly inquire whether the plaintiff tried to resolve the conflict peacefully. If this was done, it will be counted in his favor.

Not only the patient himself can defend the rights, but also on his behalf:

Representative (legal, by power of attorney).
Insurer representative (under policy or).
Prosecutor.
Ministry of Health
Public organization.
Rospotrebnadzor.

Equipment

Often, the purchase of medical equipment does not bring direct profit to the clinic, but greatly improves the prognosis of treatment and the stability of the result. As a rule, small dental clinics are organized with money from the doctors themselves or small investors, and such investments are excluded from the list. A large medical center is able to allocate more funds to modernize and ensure the process of providing care - and these are not transcendental technologies, but actual things.

For example, a central sterilization department (with constant monitoring of sterilization conditions) has undeniable advantages over a small autoclave (and sometimes a dry-heat oven). But its absence is one of many sources of “savings” on the health and safety of the patient.

How to complain about poor quality medical services in 2021

If there are grounds for a complaint, then the patient first of all needs to contact the management of the medical organization where he was provided with poor-quality service.
This can be done in person, in writing, or by mail. At the same time, refusal to fulfill the claim requirements is a good reason for contacting the Prosecutor’s Office, the Ministry of Health, Rospotrebnadzor, public organizations, and, if necessary, the court. A compelling argument in a dispute with medical institutions is the expert opinion on the quality of the service provided. This will allow the trial to be based on the established fact of guilt, rather than personal biased opinion.

The perpetrators may be held accountable by regulatory agencies, up to and including deprivation of their license. A victim of poor-quality treatment has the right to demand compensation for physical and moral damage, and in disputes with private clinics, seek a refund of payment.

Sign a contract - don't attack

Pay special attention to the contract for the provision of services, which you will sign before becoming a client of a particular clinic. It is often perceived as a formality, but in the event of a conflict, it is the contract that the provider of cosmetology services first refers to.

Despite the fact that clients are often offered a standard contract, it is worth reading all the clauses carefully. A logical question arises: can the client make his own changes and insist on the inclusion of any theses in the text of the contract?

Alexander Borisov

Deputy Head of the Russian Quality System

– Any agreement is always the good will of the parties, where the parties agree on the terms and do not dictate them. Therefore, if a medical center monitors its reputation, it will, of course, take into account the client’s adjustments. And if conscientiousness is not close to the employees and the contract itself is a way to protect the center from possible consumer complaints about poor quality work, then it is better not to conclude such an agreement. What to look for? Of course, on the subject of the contract (what you are obliged to do, to what extent) and, importantly, the responsibility of the parties. Because if the medical center is not responsible for anything, then in case of poor-quality service you will have to go to court, which is a rather slow procedure in terms of time. If the center is ready to take on risks and responsibility, this is stated in the contract. If you are offered to sign an agreement with conditions that are absolutely unfavorable for you, you can refuse. There is the concept of a “discriminatory contract,” that is, one that puts the consumer in obviously unprofitable conditions due to direct or indirect violation of the law. If you have already signed an agreement that is contrary to the law, you can go to court with a demand to declare it invalid.

Where to complain about poor quality medical services

The criteria for the quality of medical care are set out in Order of the Ministry of Health No. 520n dated July 15, 2016. It is the Ministry of Health that approves the procedure for providing services for each group of diseases, as well as the corresponding standards.
They are guided by all medical institutions operating within the framework without exception. Having identified a violation of the approved standard, you can send a claim:

The head of the doctor who provided poor quality service, the head physician of the hospital. He is obliged to accept the complaint and notify in writing of the result of its consideration.
The refusal of the clinic management to take action within 30 days gives the patient the right to contact Roszdravnadzor.
In order to protect your rights, you can contact the Prosecutor's Office with a request to conduct an inspection at the medical institution. The processing time for the application is the same - 30 days.
Leaving the complaint by Roszdravnadzor and the Prosecutor's Office without satisfaction implies only one option for further proceedings - in court.

If there are signs of a criminal act in the actions of medical workers, then you must contact the police, setting out in a statement all the circumstances of the incident. In this case, the proceedings will take place within the Russian Federation.

Customer Reviews

Gratitude from Antonov Arkady I, Antonov Arkady Shanobich, turned to the Legal Agency of St. Petersburg for help due to the fact that when concluding an agreement for spinal treatment with Medstar, I was actually deceived in the cost of treatment and more. During the process of drawing up a treatment contract with me, no one explained to me that the treatment would be carried out using credit funds; the amount of treatment was constantly changing. My requests to be given longer time to familiarize myself with the procedures and consultations at their price list were refused. That is, there was actually pressure on the client. At home, when I carefully read the entire document, I realized that I had actually been deceived about money and treatment time. On October 30, 2018, I applied for legal assistance from the Legal Agency of St. Petersburg regarding the termination of the contract for treatment at Medstar and the termination of the loan agreement from Alfa-Bank. My case was handled by Denis Yurievich Stepanov, all issues were resolved very quickly and I was informed about all situations. I would like to thank Stepanov D.Yu. and all lawyers who work in this agency.

November 21, 2021

Gratitude I express my deep gratitude to lawyer Konstantin Vasilyevich for his attentive, kind, and, most importantly, very clear and competent explanation of my situation. It's nice to know that the world is not without good people. I wish Konstantin Vasilyevich good health, success in everything, prosperity, good, grateful clients and all the best. Sincerely.

Review by Irina D. I thank the Legal Agency of St. Petersburg for the warm, sincere welcome and the detailed, competent, thorough, conscientious legal position of lawyer Andrei Valerievich.

Feedback from Goncharova I, Venera Konstantinovna Goncharova, express my gratitude to Andrey Valerievich Ermakov, Yana Maksimovna Matveeva, Daria Vasilievna Kutuzova and the entire team. I would like to note that the work was completed within the agreed time frame and with good quality. They showed a professional approach and excellent organization of work. I would like to express my gratitude to the entire team for their high-quality work and wish you further development of your company.

Sincerely, Goncharova Venera Konstantinovna.

Gratitude from gr. Moskovchuk V.G. I express my deep gratitude to lawyer Denis Yuryevich for the consultation and bringing the case to its logical conclusion. Legal documents were drawn up very competently and sent to court. The case is won. Hooray!!! Thank you very much!

Plaintiff: Moskovchuk V. G.

Gratitude from Volkotrub Yuri Vasilyevich Thank you very much for the quality advice on the issue that interests me. With best wishes to Denis Yuryevich Stepanov, who advised me.

Volkotrub Yuri Vasilievich

Gratitude from Bolotin V.S. I thank Alexander Viktorovich Pavlyuchenko for the work done as part of the investigation into the administrative case. I am especially grateful that almost all activities within the framework of the case were carried out by Alexander personally, without my involvement, which significantly saved my time. I would also like to note the efficiency with which the work was completed. I would like to wish Alexander further success in his professional activities and the successful completion of all current and subsequent cases, restoring justice to his clients.

Bolotin V.S., 02/12/2017

Review by Gavrichkova A.N. I would like to express my deepest gratitude to Yuri Vladimirovich Sukhovarov for his humane attitude towards my problem and detailed professional advice on solving it. I wish I could meet such people in my life more often.

Sincerely, Gavrichkov Alexander Nikolaevich.

Thanks to Pavlyuchenko A.V. from Sonets V.V. I express my deepest gratitude to Alexander Viktorovich Pavlyuchenko for the consultation and competent approach to the matter, as well as the successful outcome in my problem. I also want to express my gratitude for your kindness. I wish you success in this work that is necessary for us.

Sincerely, Sonets V.V. 05/17/2018

Gratitude from Piskunov I.B. I just don’t have words to express my gratitude to Sergei Vyacheslavovich. Thank you for having such a lawyer. Thank you for your help regarding the issue regarding the employment contract.

Piskunov I.B. 12/12/2018

How to write a complaint against a doctor at a private medical institution

The patient must understand that in the eyes of the law there is almost no difference between a public and private clinic. In the first case, the services are free, in the second, they are paid. But both private and public doctors are obliged to comply with legal requirements.
There are slight differences in the form of complaints that can be sent to different authorities.

To the Ministry of Health

You can submit a complaint in person at an appointment at a territorial unit, by visiting the institution’s website rosminzdrav.ru, or by mail to the address: 127994, GSP-4, Moscow, Rakhmanovsky lane, 3.
When drawing up a document, follow the rules:

In the upper right corner they list the exact name of the institution where the document is addressed, as well as their data: full name, address, contacts (e-mail, telephone).
B, indicating the details of the doctor (clinic, hospital, etc.) for whom the appeal is being made.
The following briefly lists the circumstances of the conflict. All facts must be indicated: dates, amounts, times, names of drugs, references to violated legal norms.
All previous appeals to the management of the medical institution, Rospotrebnadzor, etc. must be listed. The results are indicated. Copies of requests and responses to them must be attached.
List the requirements. This could be compensation for harm, a refund, receiving a quality service, etc.

At the end they put a signature and date. The attachments include all previous requests, as well as documentary evidence (checks, invoices, payment receipts, agreement for the provision of paid services, etc.). A list of applications is listed in the text in the final part.

To the prosecutor's office

There is no point in complaining to the Prosecutor's Office about poor quality service. Here they deal with disputes related to violation of civil rights. Therefore, when drawing up a complaint, it is necessary to be guided by the same principles as when applying to the Ministry of Health, however, it is imperative to cite those norms of civil law that were violated by a private doctor. Without this, the complaint will be left without consideration.

To court

A statement of claim can be drawn up in different ways. The exact form depends on what exactly the plaintiff wants to receive in the end. You can appeal to the norms of the Russian Federation, the Russian Federation, and others. However, any claim must contain complete information about the case:

Name of the court, personal information of the plaintiff and defendant (institution, doctor, clinic, etc.).
The essence of the violation. Evidence is provided, as well as references to violated rules of law.
Claim.

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Legislation

The Criminal Code protects the rights of patients. Criminal liability is provided for:

Failure to provide medical care to a sick or injured person (Article 124). For this, not only the doctor, but also the nurse, the head of the institution, etc. can be punished.
Death of the patient (Article 109).
Damage to health due to unqualified treatment (Article 118).
An abortion performed by a person who does not have the appropriate specialization (Article 123).
Known danger of HIV infection (Article 122).
Illegal engagement in medical activities (Article 235).

This is not a complete list of situations falling under criminal law. In a specific case, you should seek advice from a criminal lawyer.

Sample complaint

Sample complaint about poor quality medical services

Filing a claim in court

Jurisdiction of claims is the district court at the location of the medical institution or at the patient’s place of residence. The form of the document is strictly regulated, so it is forbidden to use colloquial expressions, insult the defendant, etc. It is important to provide not only references to legal norms, but also to attach a sufficient amount of evidence for each fact presented:

Agreement with a medical institution.
Receipts for payment.
Extract from the medical history.
Copies of prescriptions, prescriptions, diagnoses, diagnostic examinations, tests, etc.

Who is responsible for poor-quality services provided?

According to Article 1068 of the Civil Code of the Russian Federation, for harm caused to a citizen by an employee of a legal entity, this legal entity bears material and civil liability. In our case, a public or private medical institution. If the actions or inaction of medical workers include a crime under Articles 109, 118 or 293 of the Criminal Code of the Russian Federation (causing death by negligence, causing serious bodily harm by negligence or negligence), then the doctor himself bears personal responsibility in the criminal case. In such cases, it is not worth filing a separate civil claim within the criminal case, because The clinic will bear financial responsibility for what they did, but the doctor will bear personal responsibility before the law.

Arbitrage practice

Litigation practice shows that careful preparation for the trial is the key to success. A plaintiff who knows the rules of the law or entrusts his defense to a lawyer has every chance to achieve the fulfillment of his demands. However, you should be prepared for the fact that the defendant also has legal resources and will be ready to protect his interests.

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Technologies

Dentistry is one of the fastest growing areas of medicine. Now dentists have access to not only highly specialized instruments and technologies, but also the latest developments in diagnostics and anesthesiology (pain management). First of all, these are computed tomography () and magnetic resonance imaging (MRI). A large medical center uses these ultra-expensive technologies because they are in demand in all areas of medicine, and dentistry is one of them. For example, examining the jaw joints without MRI is almost impossible, and a small private dental office or clinic will not have such equipment.

The same situation applies to anesthesiology (pain relief). MC CELT has a department of anesthesiology and resuscitation, where specialized specialists work. Often “private practitioners” boast of “sleep treatment”, even without a license for this type of medical care. This is good for advertising, but medically it is more dangerous than effective.

Where to go and to whom to complain about poor-quality medical care