Doctor's incompetence. What to do if the doctor made the wrong diagnosis?

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Every Russian has the right to medical care, which should be provided free of charge. In case of urgent need, the “03” service is obliged to go to the address from which the call came and provide qualified assistance to the patient. However, there are situations when the actions of doctors only make the patient worse. This may be an incorrect diagnosis or incorrectly selected treatment. It happens that the dispatcher completely refuses to call a medical team.

For your information

In such and other cases, negligent doctors can be influenced through legislation by writing a complaint about an ambulance.

Normative base

When filing a complaint against an ambulance, you should refer to the following legislative acts:

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

1. Federal Law N-323 “On the fundamentals of protecting the health of citizens in the Russian Federation” (in particular, articles , , , , ) is the main law on which you should rely.
2. Order of the Ministry of Health of the Russian Federation dated June 20, 2013 N 388n, approving the procedure for providing emergency medical care.
3. Order of the Ministry of Health of the Russian Federation dated January 22, 2016 N 33n (on amendments to Order dated 06.2013 N 388n).
4. Decree of the Government of the Russian Federation of December 8, 2017 N 1492.
5. Article 41 of the Constitution of the Russian Federation.
6. Article 16 of Federal Law No. 326 “On compulsory health insurance in the Russian Federation.”
7. In some situations, Art. 124 “Failure to provide assistance to a patient” and Art. 125 “Leaving in danger” of the Criminal Code of the Russian Federation.

Reasons for complaining about an ambulance

In order to complain about ambulance workers, you need grounds. These include:

• long waits for a medical team or refusal to call;
• incorrect diagnosis;
• Having arrived at the address, the doctors delayed providing assistance;
• the doctor made an incorrect diagnosis;
• members of the medical team “03” showed negligence or incompetence in relation to the patient (this includes erroneous methods of examination or treatment, prescribing medications to which, according to the patient, he is allergic);
• lack of necessary medications (their list is indicated in Appendix No. 5 of Order of the Ministry of Health of the Russian Federation N 388n);
• the doctor is rude or rude to the patient, violating the norms of medical ethics;
• Ambulance workers ask for money for medical services.

Attention
If at least one of the above points is violated, the patient has the right to complain about the “03” service.

To treat - not to heal

Since all veterinary services are paid, unscrupulous clinics make every effort to impose as many of them on clients as possible. At the same time, it is difficult for a non-professional to understand which procedures are really necessary and which are prescribed solely to get more money.

What should you be wary of?

1. Home visit.
   An obsessive desire to schedule a veterinarian's home visit, even if there is no urgent need for it.
2. Lack of a clear diagnosis.
   “Kidney disease”, “weak immunity”, “stomach problems” are not a medical diagnosis. Such a description of a pet’s ailments is uninformative and cannot be the basis for competent treatment.
3. Prescribing unnecessary studies, tests and checks.
   If a careless veterinarian has the conscience to not treat non-existent diseases, nothing will stop him from diligently looking for them. You should be wary of numerous tests, often aimed at examining those organs that do not bother your pet.
4. Attempts to sell you medications.
   If a veterinary clinic offers to purchase medications from them, be wary: you may receive these medications at greatly inflated prices. Conscientious doctors prescribe medications that owners of sick pets purchase in pharmacies at their discretion.
5. Placing an animal in a hospital when it is not necessary.
   After major operations, as well as in cases where the owner himself cannot provide the necessary care for the pet, he may be offered to be placed in a hospital hospital. Of course this will cost extra money. And if you keep the animal in the hospital longer, then you can get more money.
6. Pointless procedures and courses of medications.
   If they offer an expensive course of vitamins “to maintain immunity” and at the same time do not explain in any way how it will help the pet, this is a reason to be wary. Perhaps they sell you vitamins at exorbitant prices.

Ambulance Responsibilities

The functions of service “03” are prescribed in Law No. 323-FZ, in Order of the Ministry of Health of the Russian Federation No. 33n and in Order No. 388n.

• The waiting time for ambulance service should not exceed 20 minutes.
• The medical team must provide assistance in a timely manner.
• Medical procedures must be carried out in accordance with the procedures defined for each specialized ambulance team.
• In accordance with his job description, the doctor is responsible for the correct conduct of all therapeutic and diagnostic procedures, the use of instruments, equipment and devices; for the rational use of drugs. The medical worker must carry out a set of measures to improve or stabilize the patient’s well-being.
• An emergency doctor must comply with professional ethics and avoid rudeness and humiliating behavior towards the patient.
• “03” service teams must work around the clock.
• Team “03” must organize transportation of the patient to a medical facility, if necessary.
• Providing assistance is free of charge.

Beware: scammers!

Unfortunately, you can encounter scammers even if you go to a clinic (and not to private doctors). Recently, cases of the most banal deception have become more frequent. The calling client is persistently offered a veterinarian's home visit (the reason could be any: convenience, problems in the clinic building, the presence of a doctor in the area where the potential client lives, and so on), and they often promise that the examination will be free. However, the reality turns out to be much more severe: after conducting an examination and performing some simple manipulations (most often in such cases they ask you to vaccinate the animal, brush your teeth, or perform some other simple actions that may require the efforts of a professional), the doctor issues a check for a tidy sum. In this case, additional and completely unexpected items may appear in the list of services provided; it goes without saying that the doctor’s services and the medications used are very expensive.

It is difficult to prove anything in this case. The pet owner receives real arguments to prove that he is right if the animal has suffered as a result of treatment. Therefore, in this situation, it is most reasonable to recommend carefully choosing the clinic you contact. What aspects should be of interest at the selection stage?

• The clinic must have an address that exists not only as a point on a virtual map. If you are not denied the opportunity to come to the clinic, this is already a good sign.
• The clinic website should have a price list with a date. This price list lists specific services, with a specific price for each of them.
• The administrator making the appointment must also announce the price for those services that are expected to be provided. For example, the price for a veterinarian examination and basic tests should be clearly stated to you.
• In a serious clinic there are several specialists of different profiles (for example, not only general veterinarians, but also dentists, ophthalmologists, surgeons). Of course, their presence on staff is not necessary, but if such doctors exist, this should inspire confidence in the clinic.
• The clinic must have the necessary equipment for ultrasound, research, and testing. The presence of all the necessary equipment indicates a serious approach.
• When you first contact us, you will be offered a standard contract and (if treatment begins) drawing up an estimate, which we wrote about above. Contracts are most often standard by default, but are not discriminatory, do not contain contradictions with the law and do not violate consumer rights.

Where to write a complaint about an ambulance?

If the patient’s rights, prescribed in Federal Law No. 323, were infringed by ambulance workers, it is worth filing a written complaint to higher authorities (Federal Law N-59 “On the procedure for considering appeals from citizens of the Russian Federation”).

A complaint about service “03” should be sent to:

• To the chief physician of service station “03”.
• Territorial branch of the Ministry of Health.
• Federal Service for Surveillance in Healthcare.
• Prosecutor's office. This law enforcement agency accepts requests from citizens to respond to the offense, conduct an appropriate investigation and punish the perpetrators.
• Court. Citizens have the right to defend their interests in court (Article 11 of the Civil Code of the Russian Federation).
• Police. Citizens can contact this body in order to record violations by medical workers and protect their rights. This concerns criminal actions on the part of doctors, which happens quite rarely.

Sample claim

When drawing up a written complaint against an ambulance, you must indicate the following details:

• Name of the authority and address where the document is sent.
• Full name of the applicant and his contact details.
• Title of the document (eg “Complaint about the ambulance service”).
• Narrative part (the applicant describes the incident, indicating all the clarifying details).
• An indication of the offense (or a list of them) on the part of the medical worker, with reference to the legal framework.
• The essence of the requirement.
• List of attached documents (if necessary).
• Date of document creation.
• Signature.

For your information,
a written complaint about the ambulance can be found here

Law to protect owners and pets

Until recently, veterinary medicine was a completely “wild” area, and animal owners could hardly count on the protection of their rights. Now the situation is gradually improving, but it is also necessary to take into account the fact that the number of scammers who are ready to profit from naive animal lovers is growing. Therefore, the wisest thing is to immediately choose a clinic that will suit you with both prices and quality of services. In this case, you won’t have to painfully prove that you are right, and your pet will be helped at the first contact and will not harm his health.

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Step-by-step instructions for filing a complaint against an ambulance

1. A complaint about an ambulance must be made in writing in 2 copies. One is sent to the authorized authorities, the other is kept by the patient.
2. First, you should contact the head of the service station “03”. If the medical field team committed an obvious offense against the patient, the perpetrators of the incident may be punished by their immediate supervisor. He is obliged to accept a statement from the victim, consider it, take the necessary measures and give a written response.
3. A written complaint against emergency doctors can be submitted personally to the authorities dealing with citizens’ appeals. Each representative office of the Ministry of Health has offices dealing with issues of citizens' rights.
4. Complaints may be submitted by mail.
5. You can also complain via the Internet. Write in the Internet reception section or to the email address indicated on the official website of the territorial branch of the Ministry of Health or Roszdravnadzor.
6. Having filed a written complaint against medical workers of service “03”, you will have to wait for a response within 30 days from the date of filing (Part 1, Article 12 of Law No. 59-FZ.)

How to submit

Ways to complain:

1. Apply in person.
2. Send by mail: registered letter + list of enclosed documents + notification of delivery.
3. Use the Internet.

For postal items, there is a mandatory condition - to indicate the return address.

For your information! Anonymous applications will not be considered!

You can contact the Ministry of Health online using this link. Electronic complaint to Roszdravnadzor. Internet reception of the Prosecutor General's Office. You can complain to any police department or prosecutor’s office on the official website if there is a “feedback” option.

An application is also sent to the prosecutor's office through Gosuslugi.

Complaint about a specific emergency doctor

According to the order of the Ministry of Health of the Russian Federation, N 388n, the doctor of service “03” must carry out his professional activities on the basis of approved standards. Its functions include diagnostics, treatment and resuscitation measures, and assessment of the severity of the patient’s condition. If the doctor has shown incompetence or negligence, the patient has the right to seek justice by filing a written complaint against the ambulance worker.

IMPORTANT

First, you should call the “03” service and find out which substation the applicant’s house belongs to. The title of the document should read: “complaint against an emergency physician.” In the text part it is necessary to describe the fact of the violation, the name of the doctor and the number of the team. More specific data should be indicated (names of medications, sequence of actions of medical personnel, etc.).

You can first file a complaint against a doctor at an ambulance station. A negligent doctor will be interviewed, discussed at a planning meeting, and as a result, the bonus will be deprived. In order to bring the doctor of service “03” to disciplinary liability, it makes sense to apply to the local branch of Roszdravnadzor. The specialists working in this authority have a medical education, can conduct an independent verification of the violation and have the authority to hold medical workers accountable.

Additional Information

Depending on the severity of the offense, you can file a complaint against the emergency doctor with other authorized bodies, at the discretion of the patient.

What to do if the doctor made the wrong diagnosis?

If you have completed a course of treatment, but your condition has not improved or has worsened, you should immediately contact an independent expert institution. Treatment examination will help determine the compliance of the medical care provided with the standards of diagnosis and treatment for the patient’s illness. A medical examination will allow you to assess the harm to health caused by the incompetence of a doctor .

Based on the expert opinion, it will be possible to apply to the court to receive compensation, as well as to the police and the investigative committee to initiate a criminal case against the doctor who provided inadequate medical care.

Claim for ambulance to the prosecutor's office

The prosecutor's office monitors the implementation of Russian legislation. An application should be sent to this body if a complaint about emergency care has already been submitted to the relevant authorities (Roszdravnadzor or the Ministry of Health of the Russian Federation), and the response received to the complaint is not satisfactory to the patient. Then the patient, faced with negligence, incompetence or other offenses on the part of medical personnel, has the right to file a complaint with the prosecutor's office with a request to conduct an appropriate inspection and punish the perpetrators.

For your information

In the header of the document you must indicate the name of the law enforcement agency and its address. In the text part of the complaint about an ambulance to the prosecutor's office, you need to clearly, in competent language, describe the essence of the incident, with the names of the actors and clarifying data. The following is a list of attached documentation. Here you must attach a copy of the response from the relevant authorities if the complaint has already been submitted to these authorities.

Before writing a written complaint, you should request a document confirming that the patient called the “03” team. This could be a copy of the call card, an extract from the register about contacting the Station during a certain period, etc. The ambulance station can issue these extracts only upon written request. They are provided either to the patient himself or to his legal representative (clause 3 of article 13 “Compliance with medical confidentiality” of Federal Law No. 323).

Personal reception

You can contact one of the heads of the Moscow Department of Health at a personal appointment, which is held at the address: Oruzheyny Lane, building 43. To do this, the citizen will need an identity card, which he will have to present to the official receiving him.

You can apply either orally or in writing, drawing up a document in compliance with the requirements of current legislation. At the appointment, you can also provide documentary evidence of violations that can be used in examining the complaint filed by the patient.

If the appeal is submitted in writing, then it is better to take two samples of such a document to the reception. In this case, one copy of the claim remains with the official who receives citizens, and the other with a registration mark is returned to the applicant.

You can get an appointment only by appointment, which is carried out by calling several telephone numbers. You can obtain information about the working hours of managers and other officials of the Moscow Department of Health on the website page https://mosgorzdrav.ru/ru-RU/reception.html.

Attention! If the patient was unable to solve the problem during the first visit, he has the right to make an appointment for a second appointment, which can be done only after receiving a response to the previous complaint (or after the end of the legal period for its consideration).

Where to call to complain about an ambulance?

If the ambulance refuses to come

Violating Art. 11 Federal Law No. 323, employees of the “03” service give the patient a reason to file a complaint.

The ambulance cannot refuse a call without compelling reasons. The reasons for calling service “03” are listed in paragraphs 11 and 13 of Order N-388n of the Ministry of Health of the Russian Federation. The ambulance team must go to all citizens of the Russian Federation, regardless of their territorial location. Waiting times for the "03" service to hard-to-reach areas are adjusted based on location. If necessary, evacuation of the patient is organized.

IMPORTANT

Stateless persons and foreigners have equal rights with Russians to receive medical care (Article 19 of Federal Law No. 323).

If by calling “03” the patient is refused the call, the dispatcher can be brought to criminal liability, according to Art. 124 and art. 125 of the Criminal Code of the Russian Federation. In such cases, it is often enough to call “02”, and the police officers will contact the ambulance dispatcher. This call disciplines the employees of station “03”.

When can an ambulance refuse to come?

Reasons for justified refusal to call service “03”:

• The patient's condition is satisfactory and he is already registered in the hospital.
• A man is drunk and calls the “03” service in order to relieve a hangover.
• Call to relieve toothache.
• Dressing of wounds, injections, inhalations and other planned procedures prescribed by the attending physician.
• Call to write a prescription for a drug.
• Ascertainment of death.
• If the patient calls an ambulance to be taken to the hospital. In situations that do not require emergency medical intervention, the patient must independently get to the medical facility.

Statement of claim to court

Litigation in court is considered in civil proceedings. The claim against the therapist is filed with the district court. As a claim, you can specify the involvement of a specialist in civil liability: payment of compensation for harm to health or moral damage.

If the doctor’s act falls under the Criminal Code of the Russian Federation, the documents for the court are prepared by the prosecutor, who also acts as the state prosecutor. In this case, the case is considered by the judicial panel for criminal cases.

What does the court procedure look like:

A writ of execution can be presented for enforcement to the medical institution at the therapist’s place of work, or to the FSSP at his registered address.

Nuances

Attention:
A complaint about an ambulance must be written in a business style. You must not make mistakes or blots in the document.

It is advisable that the complaint be accompanied by evidence of a violation on the part of the ambulance doctors. This could be photos or videos, eyewitness accounts, documents confirming the doctor’s incorrect actions. With this evidence base, the patient will have a better chance of achieving justice.

Additional Information

The applicant may demand the imposition of a disciplinary sanction on the medical worker, compensation for damage to health in material form, or dismissal under the article.

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