Where can I complain about the clinic?

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Medical care in Russia is the cornerstone of many problems. Outdated equipment, lack of staff, long queues are not the only obstacles to the recovery of patients. Doctors often behave aggressively towards patients and also show incompetence in treatment matters. You can only protect yourself from such attitudes by filing a complaint against a specific doctor with the Ministry of Health.

What can you complain about?

Appealing to the Ministry of Health is available to all citizens of the Russian Federation who have encountered violations in the work of specific employees. A complaint to the Ministry of Health is filed only against doctors, which means that complaints about the work of nurses, administrators and other personnel are considered by other authorities.

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For your information

In addition to complaints against doctors, the Ministry of Health considers complaints against the medical institution as a whole.

There is no specific list of cases when a citizen should file a claim specifically with the Ministry of Health. The most likely reasons for filing complaints against a doctor are:

• negligence;
• bribery, including unjustified increase in the price of treatment;
• misdiagnosis, including the consequences of diagnosis and incorrect treatment;
• refusal of treatment without reason;
• untimely provision of medical care.

Additional information
The Ministry of Health is not the only government body that has the right to consider complaints against doctors. Often it becomes the last resort, so before filing a complaint against a doctor with the Ministry of Health, it is recommended to send a complaint to other institutions.

How to properly file a complaint against a medical institution or doctor

The complaint must contain the following points:

1. The name of the institution to which the complaint will be sent.
2. Personal information of the applicant.
3. Description of the complaint.
4. Requirements for resolving the conflict.
5. Evidence base (extracts, appointments, etc.).
6. Name of the institution against which the complaint was filed or details of the medical worker.
7. Date and signature of the applicant with transcript.

There is no specific template for filing a complaint against a clinic or a doctor, but you can use a ready-made form.

Procedure for filing a complaint against a doctor:

1. Collect evidence on the identified problem.
2. File a complaint at the medical worker's place of work . You should contact not the head of the department, but the chief physician.
3. If the issue cannot be resolved, contact higher authorities of local and regional significance.
4. If the complaint is not satisfied at this stage or a prompt solution is required, contact the Ministry of Health of the Russian Federation or law enforcement agencies.

Normative base

A complaint against a doctor at the ministry is considered in accordance with the instructions, which were approved by order of the Ministry of Health No. 493n, approved on June 28, 2015. This document outlines how to file a claim and how to handle them. However, the order is only a regulation for a government agency.

For your information

When drawing up a petition, a citizen will need to familiarize himself with some other laws. Footnotes to current legislation will make the document more convincing. This is a way to confirm that the doctor acted improperly. Due to the complexity of such references, many legal services firms offer assistance in drafting such documents. However, such intervention is not necessary. A personal complaint against a doctor to the Ministry of Health will also be considered.

The applicant should pay attention to:

• Constitution of the Russian Federation. In Art. 41 there are general provisions that establish the right to timely medical care.
• Federal Law on the “Fundamentals of Protecting Citizens’ Health” No. 323 of November 21, 2011. Here the duties of the attending physician are described in Art. 70, but there are many other articles that can be used to strengthen the appeal.
• Federal Law “On Compulsory Health Insurance” No. 326 of November 23, 2010. Footnotes to this document will be required if it is necessary to consider the insurance case, as well as in the event of its refusal.
• Criminal Code. Articles for review – 118, 236, 237 and 293. All of them are related to harm to the patient’s health. However, such cases should first of all be considered by law enforcement agencies, and not by the Ministry of Health.

Attention:
Based on these legislative acts, you can write a more convincing complaint, which will be followed by an inspection. Please note that petitions are sent to the Ministry of Health if there is evidence of illegality of the actions of a particular employee. However, even if you suspect such actions, you can submit an application with a request to start an inspection.

Regulations and legal acts

When drawing up a document, you need to study:

• Art. 41 of the Constitution of the Russian Federation;
• Art. 70 Federal Law of the Russian Federation No. 323-ФЗ dated November 21, 2011, which describes the responsibilities of the doctor involved in treatment.
• Federal Law of the Russian Federation No. 326 of November 23, 2010, which can familiarize the applicant with the rules of compulsory health insurance.
• Art. 118, 236, 237 and 293 of the Criminal Code of the Russian Federation, containing possible methods of punishment for responsible persons who have committed a crime related to causing harm to the patient’s health.

A complaint against the clinic is drawn up and considered for compliance with Order of the Ministry of Health No. 493n, approved on June 28, 2015. From this document, the applicant will learn about the methods of filing a claim, the procedure for working with it, which will save time and money.

Where can I file a claim?

The Ministry of Health may become the first and only authority where a citizen has filed a complaint against a doctor. However, in practice, it is recommended to initially contact lower authorities to consider the case. And only in case of refusal of consideration, the citizen is recommended to contact the Ministry of Health.

For your information

The first point of reference for a complaint is often the head physician of the hospital. He reviews all complaints from patients. As a rule, people turn to him with minor disagreements in the form of dissatisfaction with work. But for a certain reason, the head physician rarely takes drastic measures to punish a health worker, so the head of a hospital or clinic is often skipped in the chain of institutions to consider the complaint.

Local authorities are a more significant structure. In particular, regional health departments. They are local branches of the Ministry of Health. They work according to the same scheme. They are directly subordinate to the Ministry of Health, so logically the Ministry of Health will become the next link in this chain. However, a complaint against a doctor can also be filed with other authorities.

In recent years, the outcry over the doctor's actions has been taken up by insurance companies. Since citizens of the Russian Federation are required to have a compulsory medical insurance policy, any problems with the treating staff can be resolved through the insurance company, and not directly. The insurance company is a representative, and therefore has the right to independently file a complaint against the doctor with the Ministry of Health or other authorities.

IMPORTANT

In case of serious offenses that involve harm to health or extortion of bribes, the patient can file an application to initiate criminal proceedings with local law enforcement agencies (police, prosecutor's office, courts). Such a statement is not a complaint. In some cases of personal injury, law enforcement agencies may refuse.

Along with the Ministry of Health, there is Roszdravnadzor, a federal body that monitors the legality of actions on the part of doctors and hospitals. An analogue of Rospotrebnadzor, but in the field of medical care.

How to complain about a doctor to the Ministry of Health?

A complaint against a doctor to the Ministry of Health is accepted in the form of:

• Oral appeal by telephone hotline or at a reception with the relevant officials.
• A written request submitted by registered mail.
• Electronic appeal on the website of the Ministry of Health.

All these methods are specified in order No. 493n. The instructions for reviewing them are the same, so a citizen can use any of these methods. The most credible are written complaints against a doctor to the Ministry of Health, but in recent years an electronic complaint has become an increasingly popular method.

Where can I complain about a doctor at a clinic?

In the event of an appeal against the actions of medical workers, the law does not oblige the patient to follow any sequence of appeals to government agencies: one can immediately choose the authority that, in the opinion of the citizen, can most effectively help in solving his problem.

Chief physician

However, in most cases, which, as a rule, are associated with inappropriate behavior of a doctor and minor offenses on his part, it is better to complain to the head of the medical institution - the chief physician of the clinic. The clinic's doctors are his subordinates, so he is authorized to consider citizens' complaints about their actions and, if necessary, take disciplinary measures. The chief physician is interested in preserving the face of his institution and not subjecting it to unscheduled inspections by regulatory authorities. The main thing is to indicate your intention to seek restoration of your rights, and the head of the institution will try to resolve the conflict that has arisen.

The head doctor personally receives citizens, but it is better to send a complaint in writing, which is an official request and cannot be ignored.

Ministry of Health

The Ministry of Health is the main authority exercising control over the provision of medical services under the compulsory medical insurance policy. The Ministry of Health considers almost any complaints about the work of medical institutions and is authorized to conduct inspections and investigations based on the circumstances specified in the citizen’s complaint.

Direct control over the activities of medical institutions is carried out by the regional ministry (department) of health. A citizen also has the right to appeal to the Federal Ministry of Health of the Russian Federation. We have already written about how to complain about a doctor to the Ministry of Health of the Russian Federation.

TFOMS

Doctors at clinics provide services provided for by the compulsory medical insurance policy. Therefore, territorial compulsory health insurance funds (TFIF) monitor the volume and quality of services provided by clinic doctors. Funds have the right to apply sanctions, including financial ones, to a medical institution that provides poor quality services to patients.

You can file a complaint against a doctor with the TFOMS in person, by mail, or use the electronic application form on the TFOMS website of your subject. Thus, the following contacts are available to submit an application to the Moscow Federal Compulsory Compulsory Medical Insurance Fund:

• hotline phone number;
• address: 127473, Moscow, st. Dostoevsky, 31, room 1A;
• electronic application form.

Insurance Company

You can complain to your insurance company, as well as to the Federal Compulsory Compulsory Medical Insurance Fund, about the quality of medical services, especially in the event of harm to health. It is the insurance company that is obliged to compensate for material damage to the patient in the event of the doctor’s fault.

The name of the insurance organization is indicated in the medical policy.

Roszdravnadzor

The Federal Service for Surveillance in Healthcare (Roszdravnadzor) is subordinate to the Ministry of Health of the Russian Federation and monitors the compliance of healthcare services with state standards. You can complain to Roszdravnadzor not only about the doctor, but also about the insurance company or the regional Ministry of Health if they did not respond to the appeal properly. Based on a citizen’s complaint, an investigation will be carried out, and if the doctor is guilty, he will be held accountable. There is a territorial branch of Roszdravnadzor in each region, and it is better to contact them there initially.

You can send an appeal to the Central Office of Roszdravnadzor in the following ways:

• hotline phone number;
• write a letter by mail: 109012, Moscow, Slavyanskaya Square, 4, building 1;
• submit an electronic appeal on the Roszdravnadzor website. Authorization through the ESIA will be required.

Prosecutor's office, police

If a doctor has committed a crime, you must write a statement directly to the prosecutor's office or internal affairs bodies. However, it should be understood that in order to bring a doctor to justice, strong evidence of his guilt is needed, without which contacting law enforcement agencies makes no sense. Thus, you can complain to the prosecutor’s office about a doctor if he demanded a bribe for the provision of medical services.

How to properly contact the Prosecutor's Office of the Russian Federation - read here.

Court

Basically, the need to go to court arises in connection with the need to recover moral and material damage caused by the actions of the doctor. But the claim will not be filed against a specific doctor, but against the medical institution as a whole.

Drawing up an appeal

There is no clear sample of a complaint against a doctor to the Ministry of Health, since this is not a questionnaire where it is enough to enter a few data for identification. A complaint is a document that must highlight events, so the standard rules of official documentation apply to it.

Attention

The appeal must be written in business language without using obscene language. The events themselves should be presented clearly, without unnecessary details. However, it is necessary to disclose what happened as fully as possible. If the application is written by hand, the handwriting must be legible.

The complaint itself consists of several conditional parts. The head of the document specifies the authority to which the claim is sent. Under the “To” block there is immediately a “From” block indicating the applicant’s personal data. Usually your full name and contact details are sufficient, but it is recommended to include information on your residential address.

After the title “Complaint,” the citizen must reintroduce himself and state the essence of the events. Below there should be a paragraph with “requirements”. For example, a request to fire the doctor for incompetence or take other measures. At the bottom of the page there is a date and signature. There may also be a note about the attached materials with their list and page indication. This will help avoid cases of losing part of the complaint.

Step-by-step instructions for filing a complaint against a doctor to the Ministry of Health

Citizens who believe that their health care rights are being violated should act as follows:

• Collection of evidence. Even if the patient wants to complain about rudeness or rudeness, an unfounded statement will not lead to action against the employee. It is necessary to record the conversation on audio or video media.
• Contacting various local authorities. It is advisable that all requests be submitted in writing. In this case, a copy is made of each claim, which remains in the hands of the applicant. Next, you need to wait for a response from local health departments or insurance.
• If no action was taken on the case or the complaint was refused, the citizen must send a complaint to the Ministry of Health. Attached is the collected evidence, as well as correspondence with lower authorities that did not satisfy the citizen’s request.

Additional information
It is possible to exclude the second paragraph and contact the Ministry of Health directly. In this case, it is necessary to attach documents or other evidence that there is no time for paperwork with lower authorities.

Complaints against a doctor to the Ministry of Health can be made here.

Sample complaint about the clinic

The regulations do not establish a specific form of complaint.
But the sample application must contain the following information:

• information about the applicant;
• name of the authority to which the appeal is sent;
• essence of the claim;
• requirements to eliminate the violation;
• list of applications.

As evidence of violations, you can attach receipts and receipts for the purchase of medications, prescriptions, photos and videos, and written responses to requests.

In accordance with legislative acts, applications may not be considered in the following cases:

• the content does not indicate or is not clear about the essence of the problem or requirement;
• the appeal contains swearing and obscene language;
• The document contains threats against any person.

The procedure for considering an appeal is established by Law No. 59-FZ of May 2, 2006. In the application, the citizen must indicate the postal address or e-mail where the response must be sent.

The appeal must be sent to the official responsible for handling complaints. If the application was received by another department, then civil servants have the right to forward it to the authority that resolves this issue.

Attention! The basis for a complaint may be any violation of current legislation and citizen rights. For example, a children's clinic may refuse to issue a prescription for free medications for children under 3 years of age. In this case, employees of a medical organization violate Government Decree No. 890 of July 30, 1994.

A written complaint against the clinic must be registered within 3 days of receipt by the official. The civil servant is given 30 days to consider the appeal. In some cases, the period may be extended by another month. The applicant must be notified of this in writing, as well as that his application is being redirected to another authority.

What complaints will the Ministry of Health not consider?

For each complaint sent to the Ministry of Health, a response must be received describing the actions taken to verify and resolve the current situation. The absence of such a response means that the Ministry of Health has not considered the application. Refusal to consider may be due to the anonymity of the claim.

For your information

Anonymous complaints are considered to be complaints in which the full name and contact details of the applicant are not indicated. This description also includes documents where full names and contact details are written in illegible handwriting. Please note that the applicant's name and contact details will be verified. If the specified person does not exist, the complaint is considered anonymous and is not subject to consideration.

Another reason for the lack of a response from the Ministry of Health may be the illegible handwriting of the application, if it is written by hand. Or the presence of obscene language. Emails with advertising files attached will not be considered. Also, the ministry does not re-send a response on a case that has already been dealt with. In other cases, the Ministry of Health will send a response, even if the complaint against the doctor has been sent for consideration to lower authorities.

How to file a complaint against a doctor

Include in your complaint:

• name of the government agency where it is submitted;
• Full name of the manager, his position;
• Full name of the author of the appeal;
• the address at which it will be convenient to receive a response;
• the essence of the violation;
• personal signature and date.

The content of the document directly depends on who it is addressed to, what exactly the author wants and what kind of violation occurred. Below we will look at specific authorities where you can address your problem.

Financial complaints

Financial complaints against a doctor can arise when bribes are extorted, as well as when prices for treatment or medicines are inflated. Financial claims also include statements from patients who have undergone paid procedures, although they are not mandatory for the diagnosis. To resolve financial grievance issues, the complainant needs to be extremely careful.

Attention

Issues of inflated prices for treatment are considered only if there are receipts for purchased medications and procedures, as well as a doctor’s statement about their necessity. The patient is entitled to reimbursement, but the amount will be equal to what can be determined from the checks. The review of the complaint takes place in the Arbitration Court, where the insurance company acts as the patient’s representative. Issues of unlawful financial waste are dealt with by the insurance company in accordance with the Federal Law on Compulsory Medical Insurance.

In case of extortion of a bribe, the Criminal Code of the Russian Federation, Art. 290, so you can immediately contact law enforcement agencies. Please note that in accordance with Russian legislation, citizens not only who solicit bribes are punished, but also those who offer bribes. Such relationships are unacceptable in any field, not just medicine.

Response to a complaint against a doctor to the Ministry of Health

In accordance with Order No. 493n, responses to all requests must be sent to the Ministry of Health. The applicant must receive a response to the complaint within 30 days from the date of registration of the complaint. If the decision takes longer, the citizen will receive a notification about the extension of the deadline. Extension of the period is possible only once for 30 days.

IMPORTANT

If a complaint against a doctor does not fully describe the situation, employees of the Ministry of Health may require additional information from the applicant before making a decision on an inspection. This may concern documentary evidence of incorrect actions on the part of the doctor. All original documents that were sent to the address of the Ministry of Health in a registered letter with a complaint will be returned in response.

The response is sent in the manner specified in the user's complaint. This may be a registered letter or an email response. The response sets out the actions that the ministry has taken to resolve the problem. In some cases, the response letter contains information that the Ministry of Health cannot make decisions on these issues. For example, if it concerns a doctor receiving bribes.

Attention

If the appeal was considered and the doctor was punished, the response will indicate the penalty. It may not coincide with what the applicant required. For example, instead of dismissal, a transfer to another department or a fine may be imposed.

Terms of consideration

All of the above authorities, with the exception of law enforcement, consider appeals in accordance with Federal Law dated May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”:

• within 3 days the received application is registered;
• within 7 days from the date of registration, the complaint can be forwarded to another government agency if the topic of the complaint does not fall within the competence of the authority that received it. The applicant must be notified of such redirection;
• Within 30 days, the complaint is reviewed and a response is given. This period may be extended by another 30 days if it is necessary to request additional information or carry out checks. The applicant is also notified in writing of the extension of the deadline.

Implications for the physician

A complaint against a doctor to the Ministry of Health leads to disciplinary action. It could be:

• deprivation of bonus;
• rebuke;
• demotion;
• transfer to another institution or department.

Similar consequences for the doctor are associated with violation of medical ethics. They can be applied repeatedly to the same person. If there is a certain number of reprimands, a doctor can be fired, but such a measure is used extremely rarely.

For your information

A separate issue is the legal complaints against the doctor. The Ministry of Health cannot make a decision on them, since only a court can make a verdict. In this case, the doctor faces a fine, imprisonment, deprivation of the right to engage in medical activities for up to 2 years, or forced community service. Similar penalties are specified in Article 118 of the Criminal Code of the Russian Federation.