Claim for poor quality medical services

CLAIM

“___”__________ ____ I contacted your organization for the provision of paid medical services: _____________________________, which was performed by an employee of your

(specify type of service)

organizations. This circumstance is confirmed by the medical record of patient No. ____.

The fact of concluding an agreement between me and your organization for the provision of medical services is confirmed by a receipt dated “___”__________ _____ in the amount of _______ (______________) rubles.

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 the services are safe for his health, however, as a result of the operation, I suffered harm to my health: __________________________________________.

(indicate what exactly the harm to health was)

This circumstance is confirmed:

• certificate ______________________________________________________________ No. _____

(name of medical institution)

dated “___”_________ _____ that I was provided with medical assistance on _______________________________________________________;

(specify the nature of medical care)

• an extract from the medical record of an outpatient at the same medical institution.

As a result of poor quality medical services, harm was caused to health, as well as physical and moral suffering. (Describe how you feel, mention emotional stress; list all the inconveniences you experience as a result of poor quality medical care.)

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 contractor’s violation of his rights provided for

legislation on the protection of consumer rights is subject to compensation by the causer of harm if he is at fault.

I estimate the physical and moral suffering I endured at __________ (______________________) rubles.

Based on the above, guided by Articles 7, 14, 15 of the Law of the Russian Federation “On Protection of Consumer Rights”,

ASK:

Voluntarily compensate for damage caused to health, and also pay me compensation for moral damage caused in the amount of ___________ (___________________________) rubles.

Please give me your answer in writing within 14 days from the date of receipt of this complaint.

Applications:

1. Receipt for payment for medical services provided.
2. Documents confirming harm to health.
3. Calculation of the claim amount.

"___"_____________ ____ G. ____________/_____________/

(signature)

Download the document “Claim for poor quality medical services”

Objection/response to the claim (for recovery of the cost of services, penalties, losses, moral damages)

To the Perovsky District Court of Moscow From the Defendant to the Plaintiff Case No.

OBJECTIONS TO THE STATEMENT OF CLAIM

The Perovsky District Court of Moscow is in the process of civil case No. on the claim of the full name against the LLC for the recovery of the cost of services provided, penalties, losses, compensation for moral damage and reimbursement of expenses for paying for the services of a representative. We do not agree with the statement of claim in full; we consider it not based on the law and the actual circumstances of the case for the following reasons.

• At the request “To recover from the LLC the benefit of the plaintiff the amount of money paid for the poor-quality service provided to her in the amount of 6,500 rubles”

1. On July 5, 2015, my full name contacted the LLC for the purpose of bio-perming my hair. The cost of the service was 6,500 rubles and was paid in full. According to the arguments set out in the statement of claim, “after the bio-perm, already during styling, the hair turned out to be completely damaged, the hairdresser of the salon had difficulty combing it. After 48 hours, the plaintiff washed her hair, but it continued and continues to fall off when combed. The plaintiff contacted the Salon with a request for restorative treatment. The defendant refused to satisfy the appeal.” These arguments of the Plaintiff do not correspond to reality and are refuted by the documents available in the case materials (claim dated 07/08/2015, response to the claim dated 07/10/2015, repeated claim of the plaintiff). On 07/08/2015, my full name contacted the LLC with a written complaint and with the demand stated twice, “I ask for urgent help in restoring my hair.” At the same time, the full name also stated a second demand - for the return of money for the service provided. The request to start hair treatment dated 07/08/2015 is confirmed by the full name in the repeated claim dated 07/12/2015. In accordance with Art. 29 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law “On the Protection of Consumer Rights”), when discovering deficiencies in the service provided, the consumer has the right, at his own discretion, to demand: free elimination of the deficiencies in the service provided; a corresponding reduction in the price of the service provided; free re-performance of work; reimbursement of expenses incurred by him to eliminate deficiencies in the service provided on his own or by third parties. The consumer has the right to refuse to fulfill the contract for the provision of services and demand full compensation for losses if, within the period established by the specified contract, the shortcomings of the service provided are not eliminated by the contractor. As follows from the meaning of this article, the consumer has the right to present only one demand of his choice. Refusal to provide services and a request for a refund is possible only if the shortcomings of the specified service have not been eliminated by the contractor. By presenting a claim for hair restoration in a claim dated July 8, 2015, the full name actually exercised its right to file a claim for gratuitous elimination of deficiencies in the service provided. Two days later, on July 10, 2015, the LLC sent Full Name a response to the claim, according to which Full Name was invited to the salon for diagnostics to resolve the issue. Thus, the plaintiff’s arguments that the defendant refused to satisfy her request to eliminate deficiencies are untrue. In turn, the full name did not appear at the LLC salon to inspect and verify the validity of its arguments, as well as determine the possibility of satisfying its demands. Instead of appearing at the salon, on the same day the plaintiff sent a letter to the defendant by e-mail, in which she only asked to provide certified copies of the documents she needed, and also indicated that “we believe that the examination by your master is not legal, therefore an independent expert will be invited to the examination.” . However, neither the plaintiff herself nor the expert came to the salon. In addition, the plaintiff was invited to the salon not for an examination with our master, but for an inspection to check the validity of her stated arguments and demands. According to Art. 29 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer has the right to refuse to fulfill the contract and demand a refund if the deficiencies were not eliminated by the contractor (and the plaintiff filed twice in one claim with a demand to eliminate the defect). Since FIO LLC ignored the invitation to the salon and, therefore, did not provide the LLC with the opportunity to examine the plaintiff and eliminate the shortcomings, if any, in fact, there were any, the LLC found no grounds for satisfying the demand for a refund. Therefore, this part of the claim of Full Name LLC was denied.

2. In the statement of claim, the plaintiff indicates that she does not recognize the response to the claim dated July 10, 2015 due to the fact that “before the biowave, the plaintiff had no signs of hair damage, the plaintiff was not warned that the hair would break and fall off.” The plaintiff’s arguments that she had no signs of hair damage are her subjective personal opinion, unsubstantiated and supported by anything, since she is not a person with special knowledge both regarding the properties and quality of her hair, and about the properties and characteristics of the service provided . The presumption that the consumer lacks such knowledge is provided for in paragraph 4 of Art. 12 of the Law of the Russian Federation “On the Protection of Consumer Rights” and is not disputed by the plaintiff herself (paragraph 3, sheet 4 of the statement of claim). The Plaintiff also points out that she was not provided with “essential information”, which according to the law “must be provided to the consumer and its absence should be regarded as intentional misrepresentation, i.e. deception". These arguments appear to be far-fetched, reduced to the point of absurdity and inconsistent with the actual circumstances of the case. Firstly, the current legislation does not have a definition of such a thing as “material information”. At the same time, the law provides for the concept of “appropriate information”. Its criteria, based on their meaning in paragraph 1 of Art. 10 of the Law “On Protection of Consumer Rights” are timeliness, necessity, reliability. The LLC fulfilled its obligation to provide adequate information about the service, which is confirmed by the signed full name and the information consent attached to the statement of claim (as well as the original presented at the court hearing). The fact of signing the information consent when concluding an agreement for the provision of services is not disputed by the full name (paragraph 1, page 3 of the statement of claim). The information consent is signed by the client before the provision of the service and after all the features of the procedure have been explained to him. After the procedure, the client pays for the services. In accordance with Art. 716 of the Civil Code of the Russian Federation of November 30, 1994 N 51-FZ (hereinafter referred to as the Civil Code of the Russian Federation), art. 36 of the Law “On Protection of Consumer Rights”, the contractor is obliged to promptly inform the consumer that compliance with the consumer’s instructions and other circumstances depending on the consumer may reduce the quality of the service provided. If the consumer, despite timely and reasonable notification by the contractor, does not within a reasonable time change the instructions on the method of providing the service, which may reduce the quality of the service provided, the contractor has the right to refuse to fulfill the contract for the provision of services and demand full compensation for losses. In accordance with the information consent to the biowave procedure, the full name was familiarized with the technical features of the hair biowave procedure and gave consent to carry it out. The plaintiff was also warned that in some cases the procedure may cause a toxic-allergic reaction and, despite the fact that the composition is gentle, it can dry out the hair. The fact that the plaintiff was familiar with the bio-perm procedure can also be confirmed by the testimony of the master who performed the bio-perm procedure. Thus, without receiving other instructions from the consumer, the contractor exercised his right to continue work.

In addition, the plaintiff’s arguments that she did not have the opportunity to familiarize herself with cosmetics are puzzling. At the time of rendering services, all the tools used by the master, as well as cosmetics, are on the client’s work table. In this case, the plaintiff had in front of her cosmetic products that were supposed to be used in the provision of services, containing information about the composition, including a fixative for bio-curling, available for viewing. In addition, information about the product used was also indicated in sales receipt No. 840 dated 07/05/2015, to which the plaintiff refers in the statement of claim as a document confirming payment. The plaintiff's subsequent arguments with reference to Art. 12 of the Law of the Russian Federation “On the Protection of Consumer Rights”, namely the right to refuse to fulfill the contract within a reasonable time and demand a refund, we consider untenable, since in her claims the plaintiff referred specifically to the allegedly inadequate quality of services, and not to the provision of inadequate information about the service. Presentation of the specified requirement on September 5, 2021 in the statement of claim goes beyond a reasonable time frame. In this regard, it is again not clear from the statement of claim its basis, namely what specific rules of law the plaintiff refers to as the basis for satisfying her demands.

3. As follows from the statement of claim, “after the bio-perm was performed, already during styling, the hair was completely damaged.” These arguments are untrue, since upon completion of the work, as well as during payment for the services provided, the plaintiff did not make any complaints or demands. The plaintiff did not provide evidence to the contrary in the case materials.

4. According to the Defendant, the plaintiff’s demands to recover from the defendant in favor of the plaintiff “the sum of money paid for the poor-quality service provided to her in the amount of 6,500 rubles” are not based on the law. Current legislation, namely Art. 29 Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law “On the Protection of Consumer Rights”) does not contain the wording of the requirement set out by the plaintiff in the statement of claim. The defendant's side does not understand the plaintiff's claims, as well as the rules of substantive law to which she refers as the basis for presenting this demand. We believe that the claims in this part should be clarified.

We believe that the rules on a contract for paid services and a work contract should be applied to the legal relations that arose between the defendant and the plaintiff. According to Art. 779 of the Civil Code of the Russian Federation, under a contract for the provision of paid services, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services. According to Art. 783 of the Civil Code of the Russian Federation, general provisions on contracting are applied to the contract for the provision of paid services. According to Art. 702 of the Civil Code of the Russian Federation, under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver its result to the customer, and the customer undertakes to accept the result of the work and pay for it. According to Art. 720 of the Civil Code of the Russian Federation, the customer is obliged, within the time frame and in the manner prescribed by the contract, with the participation of the contractor, to inspect and accept the work performed (its result), and if deviations from the contract are discovered that worsen the result of the work, or other shortcomings in the work, immediately notify the contractor about this . A customer who accepts a work without checking is deprived of the right to refer to defects in the work that could have been identified during the usual method of accepting it (obvious defects). As follows from the claim dated 07/08/2015 and the statement of claim “after curling the hair, already during styling, the hair was completely damaged” (the text of the claims and the statement of claim duplicate each other). These arguments are the plaintiff’s personal subjective opinion, unsubstantiated. At the same time, as indicated above, the full name upon completion of the work and at the time of payment, did not make any demands, either verbal or written, despite the fact that it had such an opportunity, at least when it paid for the result of the work. In accordance with paragraph 4 of Art. 29 of the Law “On Protection of Consumer Rights”, the contractor is responsible for defects in a service for which a warranty period was not established if the consumer proves that they arose before his acceptance of it or for reasons that arose before that moment. Thus, the current legislation in the case under consideration places the burden of proving the LLC’s guilt on the plaintiff. Meanwhile, the plaintiff did not provide the court with adequate evidence that complies with the principle of relevance and admissibility.

5. As evidence of the validity of her arguments, the plaintiff provided Conclusion No. 717758 (by hand - No. 1 dated July 22, 2015) of the Federal State Budgetary Institution "State Scientific Center for Dermatovenereology and Cosmetology" with a diagnosis (with spelling preserved) "Hair fragility (due to aggressive exposure to chemicals) .curls)". As follows from the consultation with a dermatovenerologist, the patient presented the following complaints at the appointment: “hair loss from the scalp, fragility, hair breakage, dry hair, the patient came to issue a report on the condition of the hair (for the hairdresser). History of the disease: 2 weeks ago I had a biochemical perm; after perm, during washing, I noticed increased hair loss, brittleness and dryness of the hair, inability to comb after washing.” We believe that this conclusion does not comply with the principle of admissibility of evidence, according to which the circumstances of the case, which in accordance with the law must be confirmed by certain means of proof, cannot be confirmed by any other evidence (Article 60 of the Code of Civil Procedure of the Russian Federation). This conclusion is based on the fact that this conclusion with its diagnosis was drawn up, first of all, according to the plaintiffs. The dermatovenerologist did not establish a cause-and-effect relationship between the service provided by the LLC on July 5, 2015 and the shortcomings (complaints) with which the plaintiff contacted him. It is also unknown what the dermatovenerologist was guided by, besides the plaintiff’s words, indicating aggressive perm as the cause of hair fragility. In addition, the case materials do not contain documents confirming the qualifications of this particular specialist. In this regard, it is impossible to say with certainty when, by whom, how and under what circumstances such a conclusion was obtained. On November 18, 2015, the plaintiff again applied for an appointment at the State Scientific Center for Dermatovenereology and Cosmetology. This time, in addition to the previously made preliminary diagnosis from the patient’s words, “hair fragility (due to the aggressive influence of perm),” the specialist indicates “Diffuse hair loss” as a possible diagnosis, the causes of which may be different. To make a diagnosis (a final diagnosis was never made, nor was the cause of the “brittle hair” determined), the plaintiff was prescribed additional tests: biochemical studies, determination of electrolytes, blood clotting indicators, including iron, zinc, copper, determination of trace element levels using the method of atomic absorption spectrophotometry, including selenium content in the blood, consultations with trichologists, including full name, paid 2,700 rubles for trichogram, photogrichogram. At the same time, these studies were not attached to the statement of claim, as well as the conclusion of a trichologist, and their connection with the biowave service provided by the defendant was not proven. Therefore, the final diagnosis of plaintiff's hair problems is unknown. From the conclusion of the dermatovenerologist, it follows that the plaintiff’s hair was falling out even before curling (see Conclusion - “notes increased hair loss”). The conducted studies do not correspond, as stated earlier, to the principle of admissibility and do not prove the defendant’s guilt.

At the same time, there are many ways to damage hair, leading to brittleness and hair loss. First of all, these are internal reasons: poor nutrition, stress, insomnia, anemia, lack of vitamins. In addition, there are external factors of hair damage: frequent dyeing or bleaching, perm, frequent use of styling products, frequent hair washing. The main external factors of damage include: - mechanical damage (improper combing of hair, combing of hair, which leads to the destruction of hair sheath scales); - thermal damage, when when the hair is heated strongly (while using a hair dryer or straightener), the keratin softens and the water from the hair begins to quickly evaporate, contributing to the destruction of the hair; - chemical damage (permanent wave and coloring). These procedures destroy the natural chemical compounds that make up the cortex and cuticle of the hair. Therefore, it is very important to carry out the hair restoration process correctly after chemical exposure - use high-quality shampoos, conditioners and masks after any hair treatments. However, the most common type of chemical hair damage is dyeing and bleaching. During these procedures, special compounds penetrate the hair membrane, damaging the cuticle and part of the cortex.

The LLC submitted a request to the representative office of JOHN PAUL MITCHELL SYSREMS in Russia to provide an opinion on the documents submitted by the plaintiff. The following questions were posed to the expert technologist: 1. Is it possible, during a visual examination of hair, to reliably state that the cause of hair fragility is the aggressive effects of perm? 2. Is the appearance of hair damage (dryness, brittleness) that occurs when using a biowave and when using heat treatment (for example, with an iron (straightener)) similar in appearance? 3. Is it acceptable to use burdock oil to make combing easier? 4. Is it possible to determine what is in the photographs attached to the full name. 5. Is it possible to say that the shortcomings described by the full name in the claim were the result of biowave? According to the conclusion of the representative office of JOHN PAUL MITCHELL SYSREMS in Russia dated November 8, 2016, the following answers were given to the questions: 1. Without conducting a comprehensive biochemical and trichological analysis of hair, it is impossible to determine the cause of its fragility. 2. Yes, they are similar, since in both cases slight dehydration of the hair occurs. 3. As follows from the Conclusion of the Federal State Budgetary Institution “GNTsDK” of the Ministry of Health of Russia, in the period between the biowave procedure and contacting the Federal State Budgetary Institution “GNTsDK” of the Ministry of Health of Russia, independent treatment was carried out: “Previous treatment: used serums to facilitate combing, burdock oil, professional cosmetics.” At the same time, burdock oil in almost all cases leads to tangling and difficulty combing hair. In addition, it is not indicated which serums and cosmetics were used during the period of self-medication. 4. From the photographs submitted for the full name’s claim, it is impossible to reliably determine that there is hair on the comb, firstly, and secondly, that it (color, structure) belongs to the full name. 5. Given this information, it is impossible to establish a cause-and-effect relationship between the biowave procedure and hair damage. Thus, the LLC believes that the plaintiff did not prove the defendant’s guilt in accordance with paragraph 4 of Art. 29 of the Law “On the Protection of Consumer Rights” (the contractor is responsible for defects in a service for which a warranty period was not established, if the consumer proves that they arose before he accepted it or for reasons that arose before that moment).

6. Also, as evidence of the validity of her arguments, the plaintiff refers to letters from the territorial department of the Rospotrebnadzor Office for Moscow to the Central Administrative District No. 23-11631/4 dated 09.10.15 and No. 23-12377/11 dated 09.29.15. The reason for contacting Rospotrebnadzor was the fact that at the time the service was provided, biological sensitivity tests were not carried out. At the same time, we believe that the response from the technical department of the Rospotrebnadzor Office for Moscow to the Central Administrative District No. 23-11631/4 dated 09.10.15 and No. 23-12377/11 dated 09.29.15. g. also does not comply with the principle of admissibility of evidence, the plaintiff.

• At the request of “Collect from the LLC in favor of the plaintiff a penalty in the amount of 3% of the price of services provided for each overdue day starting from July 23, 2015 in the amount of 6,500 rubles.

We consider the demands for the collection of penalties to be illegal and not subject to satisfaction for the following reason. As follows from the calculation of the penalty, the plaintiff makes a single calculation of the penalty for two demands presented - for the elimination of deficiencies and for the return of money. As stated above, based on the meaning of Art. 29 of the Law “On Protection of Consumer Rights”, the consumer has the right to present only one of the requirements provided for by the Law. The consumer has the right to refuse the service if the contractor refuses to satisfy the requirement to eliminate deficiencies. The plaintiff made a demand to eliminate the deficiencies. However, despite the invitation of the defendant (see response to the claim dated July 10, 2015), the plaintiff did not appear for inspection and determination of the need to eliminate the deficiencies. Thus, the plaintiff deprived the defendant of the opportunity to fulfill the obligations imposed on him by the law and by the plaintiff herself. As a result, the plaintiff does not have the right to present another claim (Article 30 of the Law “On Protection of Consumer Rights”), in this case – for the return of money. The accrual of penalties for delay in satisfying this requirement is therefore illegal. In this regard, we consider it impossible to collect both a penalty for the delay in satisfying the demand for elimination of defects (since the plaintiff did not appear), and a penalty for the delay in satisfying the demand for the return of money (since the plaintiff has this right if the contractor refused to eliminate the defects, and she did not show up for inspection).

• Upon request, “To recover from the LLC in favor of the plaintiff compensation for expenses incurred for diagnosis, treatment and hair restoration in the amount of 22,636 rubles.”

We consider the plaintiff’s stated demands, as well as the demand for a refund for the poor-quality service provided, to be based on the law. Thus, the plaintiff did not indicate what she was requesting payment for diagnosis, treatment and hair restoration. We believe that the plaintiff’s claims should be clarified. In accordance with Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right was not violated (lost profits). According to paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2016 N 7 “On the application by courts of certain provisions of the Civil Code of the Russian Federation on liability for violation of obligations” based on the meaning of Art. Art. 15 and 393 of the Civil Code of the Russian Federation, the creditor presents evidence confirming the existence of losses, as well as justifying with a reasonable degree of certainty their size and the causal relationship between the non-fulfillment or improper fulfillment of the obligation by the debtor and the named losses. Thus, as a general rule, and also in accordance with established judicial practice (Decision of the Supreme Court of the Russian Federation dated January 19, 2016 N 18-KG15-237 (Judicial Collegium for Civil Cases), Supreme Court of the Russian Federation dated May 30, 2016 N 41-KG16- 7) the necessary conditions for the onset of liability for violation of an obligation in the form of compensation for damages are the fact of the occurrence of harm, the fact of unlawful behavior of the harm-doer (violation of the obligation), his guilt, the occurrence of negative consequences for the creditor (losses incurred, the amount of such losses) and the presence of cause-and-effect connections between the debtor’s unlawful behavior, the creditor’s losses and the resulting adverse consequences. The plaintiff demands reimbursement of expenses in the amount of 22,636 rubles, of which - 1,500 rubles - consultation with a dermatovenerologist on July 22, 2015, - 2,900 rubles - purchase of cosmetics in a pharmacy on July 22, 2015, - 1,500 rubles - consultation with a dermatovenerologist on November 18. 2015, - 2700 rubles - trichogram, photogrichogram dated November 20, 2015. As stated earlier, the full name did not provide the defendant with the opportunity, despite his demand for hair treatment, to examine her and make a further decision appropriate to the situation. Thus, the defendant does not know whether the plaintiff actually had the shortcomings to which she refers. All conclusions are written solely from her words and do not prove the guilt of the performer of the work. The plaintiff has not proven the need for her to bear all of these losses, the defendant’s guilt has not been proven, and the cause-and-effect relationship between the procedure being performed and the need for research (trichogram, phototrichogram).

Thus, we believe that in violation of paragraph 4 of Art. 29 of the Law “On Protection of Consumer Rights”, the plaintiff did not prove the guilt of the provider of LLC services, did not provide evidence of inadequate quality of service, and the evidence she presented, in the opinion of the defendant, does not correspond to the principle of admissibility.

Due to the fact that we believe that the plaintiff’s demands are not based on the law and the actual circumstances of the case, we believe that the demands for compensation for moral damage and reimbursement of expenses for the services of a representative should be refused.

Based on the above, and guided by Art. Art. 15, 779, 783, 702, 720 of the Civil Code of the Russian Federation, Art. 4, 29, 36 of the Law “On Protection of Consumer Rights” we ask the court to reject the plaintiff’s claims in full.

Representative by proxy Full name
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When can I file a complaint with Roszdravnadzor?

The right to free medical care is exercised by receiving services under compulsory medical insurance programs. In addition, citizens have the right to purchase or receive medications free of charge, undergo free of charge some tests necessary to treat their illness, and use paid medical services.

The list of categories of citizens and medicines was approved by Resolution No. 890 of July 30, 1994.

If these rights are violated, the patient can defend himself by any legal means:

• submit an application or claim to the head physician of the clinic;
• submit an appeal to the TFOMS and FFOMS divisions, the insurance company, if the terms of the compulsory medical insurance policy are violated;
• file a complaint with the Rospotrebnadzor service, which conducts inspections to protect consumer rights;
• file a complaint against the clinic and hospital with Roszdravnadzor;
• contact the prosecutor's office or court.

Roszdravnadzor (Federal Service for Surveillance in Healthcare) controls the activities of public and private medical institutions, pharmacies, and insurance companies. The authority of the department allows it to consider almost any request if it is related to treatment, rehabilitation, provision of drugs or medical products.

You can submit a complaint:

1. violation of the patient’s rights to free medical care and unhindered access to treatment;
2. personally against a doctor who incorrectly diagnosed, refused admission and treatment, and committed other violations;
3. about the refusal to issue a referral for surgery or for the provision of high-tech types of assistance;
4. on refusal to establish a disability group based on the results of the examination;
5. against a private clinic that violated the terms of a paid contract and provided poor-quality services;
6. for sanatorium treatment and rehabilitation, if they fall under the requirements of Federal Law No. 323-FZ.
7. Other types of violations, if they are related to the provision of medical care and the administration of medications.

It is necessary to take into account the division of powers between different federal departments. For example, regarding consumer rights protection issues, you should immediately contact Rospotrebnadzor. This department will conduct an investigation into deception or fraud on the part of a private clinic and issue an order regarding poor quality treatment in a private clinic.

Roszdravnadzor controls state and municipal medical institutions, private clinics, ITU bureaus, and pharmaceutical points. Therefore, this service does not deal with issues related to violation of the rules of payment for private medical services.

On the Roszdravnadzor website you can clarify which issues fall within the authority of the agency, so as not to delay the appeal procedure.

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Communicate competently with the doctor

When you come to sign up for a procedure, the cosmetologist should talk to you first. Only he can conduct an examination, make a diagnosis and recommend certain procedures. According to the law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation,” you have the right to receive complete information about your health status, medications and methods that will be used in the treatment process. They should explain to you in detail what and how they will do to your face and body, offer alternatives, warn about possible side effects and talk about the effectiveness of the drugs.

Before any procedure, you must sign a consent form.

You are required to provide so-called informed consent for signature. This document describes absolutely all the nuances associated with cosmetic procedures, including contraindications, possible restrictions on the regime, and comprehensive information about the service provided.

Take care of the documents you receive

The consent is signed in two copies, one remains in the clinic or salon, the second with you. In addition to the fact that the consent must be read carefully, we advise you to save all documents. If you have any complaints against the clinic in the future, the documents will be useful to confirm that you are right.

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Where to complain about medical services of inadequate quality

A logical question arises: where should citizens complain? There are three authorities to resolve disputes between patients and medical organizations:

• Ministry of Health;
• prosecutor's office;
• court.

It is noteworthy that the state has not provided for a mandatory claims procedure for resolving disputes in medical care. The patient can immediately contact and complain to government supervisory authorities without filing a complaint.

Nevertheless, an attempt to resolve a conflict pre-trial can lead to results much faster than directly seeking help from government agencies.

Know! In addition to these structures, another authority was established specifically for additional protection of consumer rights - Roszdravnadzor.

Expert opinion

Makarov Evgeniy Mikhailovich

Lawyer with 7 years of experience. Specialization: civil law. Legal expert.

It is entrusted with the same functions as the Ministry of Health, but the first organization is aimed at addressing less pressing problems. Consumers can complain to both authorities.

To the Ministry of Health

The Ministry of Health is responsible for the quality of treatment of diseases throughout Russia. The government body monitors the activities of each institution whose task is the prevention and diagnosis of diseases.

Citizens can contact the Ministry both in case of violations and in case of suspicion. If the patient has evidence of the organization’s guilt, a complaint is filed. When there is no confirmation, but there is a need for verification, you can make an appeal.

The Ministry of Health accepts both written acts and electronic forms. The application can be filled out on the official website of the government agency.

To the prosecutor's office

This is the central supervisory authority designed to monitor compliance with legal regulations. If a citizen does not believe in the work of the Ministry of Health, then they can contact the prosecutor’s office.

It is recommended to prepare evidence of violations - the law enforcement agency will urgently open a case and order an inspection. The only caveat is the processing time: the prosecutor’s office is extremely busy.

It makes sense to apply if there are signs of crimes under the Criminal Code of the Russian Federation (attempted murder, poisoning, death due to medical negligence and other acts).

To court

Going to court is the main method of influencing violators. A central benefit of judicial proceedings is the guarantee of a result when there is evidence of irregularities. The main disadvantage is the timing of the consideration of the case. As a general rule, the trial is carried out within 2 months.

To go to court, you need to write a statement of claim. It basically duplicates the content of the claim, but there are more stringent requirements for execution. It is mandatory to indicate the details of the court and references to the law.

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How to file a complaint to Roszdravnadzor?

A single sample complaint to Roszdravnadzor has not been approved by law. Its content will depend on the nature of the violation identified, the consequences that have occurred, and the stage of dispute resolution.

The order of execution and submission of the document is also affected by the status of the applicant. A complaint from a legal entity is usually filed in case of refusal to issue licenses or violations of government funding.

The text of the document must indicate:

• name of the Roszdravnadzor unit to which the form is submitted;
• information about the applicant or his representative (for example, if a child is not given a ticket to a sanatorium, his interests are represented by a parent when filing a complaint);
• the subject of the complaint, the essence of the violation (for example, they are not provided with a medicine included in the list of vital and essential drugs);
• circumstances of the dispute - date and place of application, information about the doctor and medical institution, other data;
• the results of applying to other departments, if any (for example, if an application was submitted for the head physician);
• request for verification, protection or restoration of the patient's rights;
• list of documents referred to by the applicant;
• date, personal signature of the patient or his representative.