Sample administrative claim for improper provision of medical care

Federal laws

The activities of public authorities in dealing with citizens’ appeals are regulated by:

• Federal Law of the Russian Federation dated May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” (as amended on December 27, 2018)

• Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” (current edition, 2016)
• Federal Law No. 8-FZ dated 02/09/2009 “On ensuring access to information on the activities of state bodies and local governments” (current edition, 2016)
• Federal Law No. 210-FZ of July 27, 2010 “On the organization of the provision of state and municipal services”

Electronic appeals

passport or other identification document

birth certificates of children (if raising two or more minor children in a family - at least two birth certificates) (for foreign citizens and stateless persons who have been granted refugee status or asylum in the Republic of Belarus - if such certificates are available)

documents and (or) information confirming the actual residence of the child in the Republic of Belarus (with the exception of persons working in diplomatic missions and consular offices of the Republic of Belarus) - if the child was born outside the Republic of Belarus

extract from the court decision on adoption - for families who have adopted children (submitted at the request of the applicant)

a copy of the decision of the local executive and administrative body to establish guardianship (trusteeship) - for persons appointed as guardians (trustees) of the child

certificate of a disabled person or the conclusion of a medical rehabilitation expert commission - for a disabled child under 3 years of age

certificate of a victim of the disaster at the Chernobyl nuclear power plant, other radiation accidents - for citizens permanently (mostly) residing in the territory subject to radioactive contamination, in the zone of subsequent resettlement or in the zone with the right to resettlement

marriage certificate - if the applicant is married

a copy of the court decision on divorce or a certificate of divorce or other document confirming the category of single-parent family - for single-parent families

certificate of the period for which maternity benefits were paid

a certificate of being on leave to care for a child until he reaches the age of 3 years or an extract (copy) from the order granting leave to care for a child until he reaches the age of 3 years (child care leave) - for persons on such leave

extracts (copies) from the work books of parents (adoptive parents, guardians) or other documents confirming their employment - if it is necessary to determine the destination of the benefit

certificate stating that the citizen is a student

certificate of return to work or service until the expiration of parental leave for a child under 3 years of age and the termination of payment of benefits to a mother (stepmother) in a complete family, a parent in a single-parent family, an adoptive parent of a child - when applying for parental leave until reaching the age of 3 years (parental leave) or suspension of entrepreneurial, notary, lawyer, craft activities, activities in the provision of services in the field of agroecotourism in connection with the care of a child under 3 years of age by another family member or relative of the child

a certificate of the amount of child benefit and the period of its payment (certificate of non-receipt of child benefit) - in case of a change in the place of payment of the benefit

documents and (or) information about the departure of a child from an orphanage, foster family, family-type orphanage, children's boarding institution, children's home of a correctional colony - if the child was in these institutions, foster family, family-type orphanage

documents confirming the non-receipt of a similar benefit on the territory of the state with which the Republic of Belarus has concluded international agreements on cooperation in the field of social protection - for citizens of the Republic of Belarus working or carrying out other activities outside the Republic of Belarus, as well as foreign citizens and stateless persons , not permanently residing on the territory of the Republic of Belarus (not registered at the place of residence in the Republic of Belarus)

Reception schedule for citizens

Schedule of reception of citizens at the Ministry of Health

Krasnoyarsk Territory in October 2021.

Make an appointment by phone: 222-03-37

Citizens have the right to contact the Ministry of Health of the Krasnoyarsk Territory (hereinafter referred to as the Ministry) in person, as well as send written requests by post to the address:

• st. Red Army, 3, Krasnoyarsk, 660017 (correspondence should be sent to this address);
• by email to e-mail;
• by fax;
• by phone.

SAMPLE APPLICATION

To transmit written requests delivered by courier to the Ministry, a box for correspondence sent to the Ministry is specially installed on the 1st floor.

Personal reception of the Minister of the Ministry is carried out according to the schedule approved by the Governor of the region at the address Krasnoyarsk, st. Lenina, 125.

In a number of cases, it is envisaged that the head will be replaced by deputy ministers.

Personal reception of citizens by specialists of the Ministry is carried out weekly by appointment by telephone.

In accordance with the Law, a written request is registered within three days from the date of receipt by the Ministry. After the 3-day period, citizens can receive information about processing the appeal by telephone.

The law establishes four deadlines for working with citizens’ appeals at various stages:

• 3 days - during which the appeal must be registered after its receipt by the state body (part 2 of article 8);
• 7 days after registration - during which the appeal must be forwarded within the competence (part 3 of article 8);
• 30 days from the date of registration - during which the appeal must be considered and the citizen must be given a response (Part 1 of Article 12);

If the appeal requires an in-depth verification of the arguments set out in it, including the request for materials from other institutions, then in exceptional cases the consideration of the appeal can be extended up to 30 days beyond the period established by part 1 of Article 12 with notification of the author of the appeal (Part 2 of Art. . 12). The maximum period for consideration of an application cannot exceed 60 days from the date of registration.

Based on the results of consideration of the appeal, a written response is sent to the citizen at the postal address indicated by him.

Shpakovskaya district hospital

The procedure for considering requests from patients is carried out in accordance with the Federal Law “On the procedure for considering requests from citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ, order of the Ministry of Health of the Stavropol Territory No. 01-05/291 dated May 8, 2014 “On approval “ The procedure for organizing the reception of citizens, ensuring timely and complete consideration of oral and written requests from citizens, making decisions on them and sending responses to applicants within the period established by the legislation of the Russian Federation" and by the order of the chief physician of "Shpakovskaya RB" dated April 22, 2021. No. 277 “On the operating procedure of the State Budgetary Healthcare Institution of the Stavropol Territory “Shpakovskaya District Hospital” for considering citizens’ appeals and organizing personal appointments.”

Patients have the right to appeal against actions (inactions) and decisions of employees of a medical organization (hereinafter - MO) carried out (adopted) during the provision of medical care.

In case of conflict situations, the patient (his representative) has the right to contact the State Budgetary Healthcare Institution SK "ShRB" with an oral or written complaint in person, sent by mail, or on the official website of the Moscow Region.

Complaints received from the patient personally, submitted through the prosecutor's office, the Ministry of Health of the Russian Federation, the Ministry of Health of the Stavropol Territory, the Office of Roszdravnadzor for the UK, Internet resources of the executive authorities of the Russian Federation, the Stavropol Territory, medical insurance organizations, the Federal Compulsory Medical Insurance Fund and other authorized bodies are considered by the administration of the State Budgetary Healthcare Institution of the UK " ShRB."

Personal reception of patient complaints in accordance with the work schedule is carried out by:

• chief physician;
• Deputy Chief Physician for Medical Affairs;
• Deputy Chief Physician for Medical Services;
• Deputy Chief Physician for Childhood and Obstetrics;
• deputy chief physician for outpatient work;
• Deputy Chief Physician for Clinical Expert Work.

During a personal appointment, the patient presents a document proving his identity.

The patient's representative presents a passport and a document confirming his authority.

If the facts and circumstances stated in the oral complaint are obvious and do not require additional verification, the response to the complaint, with the consent of the patient (representative), can be given orally during a personal meeting. In other cases, a written response is given on the merits of the issues raised in the complaint.

During a personal meeting, the patient (representative) may be denied further consideration of the complaint if he was given an answer on the merits of the questions raised in the complaint.

If the complaint contains issues the solution of which is not within the competence of the official, the patient is given an explanation of where and in what order he should apply.

The patient (representative) must indicate in a written complaint:

• surname, name, patronymic of the person to whom the complaint is filed, his place of residence or place of stay, postal address to which the response should be sent;
• position, surname, first name and patronymic of the employee of the State Budgetary Healthcare Institution IC "ShRB" (if information is available), the decision, action (inaction) of which is being appealed;
• the essence of the appealed action (inaction), decision;
• personal signature and date;
• document confirming the authority of the representative.

If necessary, in support of his arguments, the patient (representative) has the right to attach documents and materials or copies thereof to the written complaint.

The period for consideration of a complaint cannot exceed 30 calendar days from the date of its registration and ends with the date of the written response to the applicant.

If lengthy actions related to the consideration of the complaint are necessary, the period may be extended by no more than 20 calendar days. The patient (representative) is notified of this.

The patient (representative) has the right to receive oral information about the progress of the complaint, as well as relevant written information upon written request. For a complete, objective and comprehensive consideration of the complaint of the patient (representative), on behalf of the chief physician or his deputy, about the actions (inaction) whose decision the complaint was filed, has the right to provide a written explanation within 2 working days.

The complaint is considered by the Deputy Chief Physician with the participation of an employee of the Ministry of Defense (at his request) regarding the actions (inactions) against whose decision the complaint was filed.

The results of the consideration of the complaint are brought to the attention of the chief physician in the form of a written response to the patient. The result of consideration of the complaint may be full, partial satisfaction of the stated claims, or refusal to satisfy them with justification of the reasons.