Each of us, when visiting a doctor, expects to receive timely and competent assistance in full. And this is not surprising, because a doctor is a person who is obliged to monitor the health of citizens and at the same time comply with the laws and regulations under which medical services are provided.
However, what if the doctor is incompetent? And what to do if he commits some illegal actions or grossly violates the standards for the provision of medical services? Of course, complain to government services. This article will consider a complaint against a doctor to an institution such as the prosecutor's office. We will tell you when you can contact this government service, and we will also provide a sample complaint against a doctor, on the basis of which you can draw up your own appeal.
What are patients entitled to?
Visitors to clinics and hospitals have the right to use the following opportunities:
- choose a medical institution and attending physician, consult with highly specialized specialists;
- receive reliable information about your condition, prognosis, treatment nuances;
- be examined and treated in conditions that comply with current sanitary and hygienic standards;
- keep secret the fact of visiting a medical organization, diagnosis, prognosis;
- receive painkillers to alleviate the condition in case of serious illnesses and after surgery;
- refuse treatment or hospitalization;
- communicate with a lawyer or clergy during inpatient treatment.
The rights of patients are defined by the Federal Laws “On Compulsory Medical Insurance in the Russian Federation” and “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”. The latter talks about the priority of the patient’s interests - in practice, this should be expressed by respectful attitude on the part of the staff of medical institutions.
A complaint against a doctor to the prosecutor's office - a sample, and where can it be filed?
Each citizen, turning to a medical institution, hopes to receive timely, qualified assistance in full. And this is not surprising, since doctors must follow laws and regulations and contribute in every possible way to helping citizens.
This is important to know: How to appeal a traffic police fine through State Services
What to do if the doctor does not have a sufficient level of qualifications? And what to do if the doctor’s actions are unlawful and violate the norms and rules of the law? It is necessary to seek help from government services.
Where to contact if rights are violated
In an effort to defend their rights, patients often write angry reviews or go to see deputies, but do not contact the competent authorities directly. The first authority that should resolve a controversial issue is the administration of the medical institution. The manager is obliged to accept the complaint and provide the patient with a written response about the measures taken. In practice, this happens quite rarely, so citizens have to contact other authorities:
- insurance companies and territorial insurance funds;
- Rospotrebnadzor department;
- official societies for the protection of patients' rights;
- Prosecutor's Office of St. Petersburg;
- district or city court.
The patient’s demands may relate to both the suppression of unlawful actions and the payment of material compensation or penalties, or compensation for losses. In addition to administrative and judicial, there is a third form of protecting the rights of patients - self-defense (Article 14 of the Civil Code of the Russian Federation). It refers to the physical actions of a citizen aimed at eliminating the violation. For example, a patient can take down a list of patients posted in the corridor of an inpatient department. This action will restore the violated right to medical confidentiality.
We call on the doctor to answer: where to start?
If you have a conflict with a local or specialized doctor, nurse or other staff, contact the head doctor of the clinic or hospital where the offender works. In his office, proceedings begin regarding refusal to admit a patient, issue sick leave, give a prescription for medicine, register for pregnancy, and many others. How to write a complaint against a doctor so that they will respond to it:
- in the application, indicate your passport details, date and place of the incident;
- if someone was present during the conflict, indicate that you have witnesses who are ready to confirm that you are right;
- specify that you are waiting for a written response from the head of the institution;
- write a statement in two copies and take it to the chief physician’s office;
- Make sure that both copies are marked with the number of incoming correspondence, and take one copy for yourself.
Complaint against a doctor - sample
Applications for doctors in clinics, hospitals, maternity hospitals, and children's clinics are written in free form. The content is approximately the same: date, place, essence of what happened, the requirements of the victim.
Apply in person or by mail?
Even if you make an appointment in person, it is still more effective to submit a written complaint through the office. A meeting with the head physician will not be superfluous: you will be able to understand whether the manager is ready to punish his employees for rudeness and rudeness, inappropriate performance of their duties - or whether he brushes off patients’ requests. If the latter, you can safely file a complaint against the chief physician to the Ministry of Health.
Rights of minor patients
Their parents or representatives are responsible for children under 15 years of age. They are the ones who make decisions about changing a doctor, refusing medical care, or suing a medical institution. If we are talking about saving the life of a minor, and the legal representatives refused hospitalization and surgery, the hospital administration can go to court to protect the interests of the child. Patients over 15 years of age and drug addicts over 16 years of age have the right to independently sign a document on voluntary informed consent for procedures.
Particular attention is paid to minors who find themselves in difficult life situations. This category includes orphans, refugees and internally displaced persons, victims of military conflicts and natural disasters, children with disabilities and developmental disabilities, pupils of colonies and other special institutions, members of low-income families. If serious illnesses are detected in such children, medical documentation is sent to the regional executive authorities.
According to Federal Law No. 157, vaccinations of a child are carried out only with the written consent of the legal representative. In some maternity hospitals, mothers are not even warned about vaccination, which is a gross violation of the rights of minor patients.
Responsibility of the doctor and medical institution for incorrect diagnosis and treatment
Whatever the consequences, the patient can expect that those responsible will be punished accordingly. There are different types of punishments, depending on the severity of the consequences:
- Compensation for material and moral damage. A specific amount is established and compensation is paid in full. The patient is compensated not only for all expenses associated with a paid appointment or diagnosis, but also for the costs of “unnecessary” medicine that the patient managed to buy. Expenses associated with treatment of the consequences of a medical error are also compensated. The amount of damage is determined by the victim himself;
- Disciplinary action. This includes reprimand, reprimand, dismissal;
- Criminal liability . This measure of liability applies if the doctor’s actions or inaction caused damage to his health or led to his death.
The Criminal Code provides for the following types of criminal liability:
- actual imprisonment – up to 4 years;
- forced labor – up to 1 year;
- suspension of the ability to engage in medical practice – up to 3 years.
Regardless of the type of punishment, the patient has the right to compensation for harm caused to health and losses incurred due to the fault of the doctor.
Denis Lvovich
Medical dispute lawyer. More than 10 years of experience
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The right to compensation is secured by Article 1064 of the Civil Code of the Russian Federation.
Arbitrage practice
The majority of civil cases are claims for compensation for harm to the health or life of patients. In this case, the court takes into account the degree of guilt of the medical institution or a specific doctor, the level of physical and moral suffering of the patient, and the amount of damage caused. In all cases, an independent forensic medical examination is ordered, the results of which seriously influence the court's decision.
Litigation related to the protection of patients' rights is one of the most complex cases of legal practice. This is explained by the abundance of regulatory documents, gaps in legislation, and the subjectivity of the prescribed treatment. Such cases should be handled by a medical lawyer with systemic knowledge and extensive experience in this area of law.
If you are faced with the incompetence or negligence of doctors, suffered from an incorrect diagnosis or disclosure of medical confidentiality, call us! Our experts will represent your interests in pre-trial and judicial proceedings, forward claims to medical institutions and regulatory authorities, and help you obtain financial compensation.
What is medical negligence
A clear definition of the concept of “negligence” is contained in Article 293 of the Criminal Code of the Russian Federation. The same article also establishes the liability to which a person who has shown negligence may be held.
Based on the norms enshrined in the above article of the Criminal Code of the Russian Federation, negligence is understood as non-fulfillment, as well as improper fulfillment, by an official of his direct duties due to dishonest attitude towards service or work.
We especially note that in order to qualify negligence, it is necessary that the victim suffers large or especially large damage. Major damage means damage the amount of which exceeds 1,500,000 rubles, and especially large damage – exceeds 7,000,000 rubles.
Negligence of a medical worker is understood as complete inaction, as well as actions the level of which does not correspond to the professional level of this employee in the performance of his official duties, if these actions caused harm to the life and health of the patient.
Where can I complain about the clinic?
Often, an ordinary visit to the clinic turns into a real nightmare: every Russian knows first-hand the huge queues, bureaucracy, rudeness and indifference of doctors in public medical institutions.
The complaint addressed to the head physician is submitted in two copies - you leave one copy in the director’s reception area, the second (with a note indicating acceptance of the complaint) remains with you. In accordance with Law No. 59-FZ
“On the procedure for considering appeals from citizens of the Russian Federation”
, your appeal must be reviewed within 30 days. If after this period your complaint remains unanswered or you are answered with a standard reply without delving into the essence of the matter, contact higher authorities: the city/regional health department and the prosecutor's office.
Note! If the actions of medical workers have led to serious health problems, it would be advisable to contact the prosecutor's office directly, bypassing lower authorities. Based on your complaint, a prosecutor's investigation will be carried out and, if necessary, the prosecutor may initiate the transfer of the case to court.
A complaint about the work of a clinic, like any other complaint, does not have strict writing rules, but we still advise you to adhere to the basic recommendations. So, your application should contain:
- The name and position of the person against whom you are filing a complaint;
- Your full name and contact details (address, telephone number);
- Reason for the complaint (describe the conflict situation that occurred);
- The actions you took to resolve the issue;
- Your requirements;
- Date of filing the complaint and your signature with transcript.
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If you don’t have the time, opportunity (or even desire) to go to all sorts of authorities, you can leave a complaint about the clinic on the Internet - to the Ministry of Health of the Russian Federation.
In order for your application to be considered, you must fill out a simple form, which must include the following information:
- Your last name, first name and patronymic;
- The country you are in;
- Response delivery method (postal mail or email);
- Postal address/email address.
Note! When drawing up and submitting a complaint electronically, you must be guided by the general rules for preparing official documents: your appeal must be concise (no more than 2000 characters) and contain specific complaints and/or suggestions. The text of the application must be written in an official business style, without emotions, offensive statements or threats.
