Where to complain about doctors? How to write a complaint about a doctor: an example

We all know how matters stand with medicine in our country. The image of a hamovat nurse and a doctor who is not particularly trustworthy has already eaten into the heads of the inhabitants of the post-Soviet space. But if rudeness is only the tip of the iceberg and something happened that can not be left without attention? Where to complain about doctors? And officially, and preferably - with retaliatory actions? It is the answer to this question that we will consider in as much detail as possible in this article.

Correctly and with advantage

Nonprofessionalism must be eradicated. So if it was noticed, you should immediately ask how you write a complaint to a doctor to do it right and usefully.

Many people prefer to leave everything as is. Others just do not know where to complain about the doctors. But the law gives every citizen this right.

To begin with, consider the cases in which you can file a complaint with a doctor.

Obligations of the medical officer

Work in the field of medicine is closely connected with moral and ethical norms. This means that rudeness and rudeness are unacceptable for the doctor. The duties of representatives of this profession include not only treatment, but also the prevention of diseases, as well as the promotion of a healthy lifestyle.

The activity of the doctor is carried out in the interests of his patient, which, among other things, means medical secrecy, help and responsibility. If any of these points has been broken in any way, the question of where to complain about doctors becomes very relevant.

Common causes of complaints

Specify the reasons for writing complaints:

• Medical assistance was rendered untimely or not at all;
• The doctor diagnosed an incorrect diagnosis;
• The medical worker refused to accept the patient;
• Improperly prescribed treatment;
• negligence;
• The cost of treatment did not correspond to the present state of affairs;
• Negative consequences of surgical intervention;
• Boorish attitude.

Legislation

When dealing with any official documents (and complaints are also included in their number, if they are compiled correctly), one should turn to the legislative acts governing their drafting, acceptance, etc. How to write a complaint to a doctor correctly if you do not know the legislative framework ?

The basic human rights related to medical care are indicated in the forty-first article of the Constitution of the Russian Federation. Besides, when touching a moment of non-fulfillment of the duties of a doctor, in his complaint the citizen can refer to articles from the Criminal Code, which obviously implies the involvement of the medical worker in criminal liability.

Criminal Code

What specific articles of the Criminal Code are involved, if a complaint is made about the actions of doctors? It can be:

• 2 and 4 part one hundred and eighteenth article, which refers to the injury to health due to negligence (varying degrees of severity);
• 2 part two hundred and thirty-sixth article, which states that sanitary and epidemiological norms are not observed;
• The first two parts of the two hundred and ninety-third article on negligence;
• Part 2 of the two hundred and thirty-seventh article, which refers to the concealment from the patient of information about the dangers to his health.

Depending on the content of the complaint, the originator may refer to one or more of these articles. Moreover, this legislative base can be used both in the pre-trial order and during the trial directly by the court. Forewarned is forearmed! Does everyone remember the proverb? In this case, this means the council is prepared in advance and "armed" with knowledge of their rights and duties of medical workers.

It is important not only "what", but also "where"

Let's return to the question, where to complain about the doctors. There are several suitable instances, in each of which it is possible (and sometimes just necessary!) To address immediately, without wasting time and nerves on empty arguments and discussions.

The structure of the medical, as in general, and any other state, structure is hierarchical. Ministry of Health of Russia, by the way - the highest step of this ladder. Handle complaints with an upward, starting with the bottom step.

• The first place to complain about the doctors of the hospital is the office of the head of the department. If the matter takes a more serious turn - go to the head physician. "Jump over the head" immediately there is usually no need.
• Then we follow the levels: district, regional, city departments of public health, directing complaints directly to the head of this or that institution / instance.
• If the problem can not be solved at the local level, then the central health authorities will become the next step.

Ways of filing a complaint

We figured out where to complain about the doctors from the polyclinic / hospital / any other medical institution. But you also need to know how to properly file a complaint. So, it can be done in several ways:

• Ask the question how to write a complaint to a doctor, and after drawing up the document personally to take it to the appropriate authority, depending on the severity of the problem (as it is clear from the previous paragraph, this may be the head physician and the Ministry of Health of Russia).
• Use the services of registered mail. When choosing this method, it is important to keep in mind that it is important to leave a receipt for dispatch, otherwise the complaint may "accidentally get lost", and it will be problematic to prove that it was filed.
• By e-mail.
• On the website of the ministry (if, for example, it is a complaint against the chief doctor, and not a petty trial of rudeness filed to the head of the department).

In all four cases an official document is issued, and the same official response is expected. The time for consideration of a complaint is usually within a month. If the document does not specify the form of the answer, it will be the same as in which the request was made.

If the business takes a serious turn

Of course, I want to believe that the main problem is only where to complain about doctors. But in fact, it is not yet a fact that the appropriate authority will respond (although it should). In this case, the documents are transferred to a much more serious body that oversees the state authorities and their work, namely, the prosecutor's office.

The submission of an application to the prosecutor's office is a legal right of a citizen, but such a complaint will already be submitted first of all to instances that did not want to respond to complaints against the doctor / s.

We compose correctly

Reflecting on where to complain about the child's doctor or any other medical officer, remember that the document must be made in accordance with all the requirements. Complaints are inherent in their own rules that need to be respected.

Which ones are listed below:

• The complaint is drawn up on an A4 sheet. It is not necessary to say that it should be clean and even.
• The right upper corner of the sheet should contain the full name of the organization or of the institution to which the complaint is addressed. This, incidentally, is important requirements for the compilation of any documents of this kind. Together with the name it is necessary to specify the address - also complete, with the name of the city, street, house, index.
• Immediately thereafter indicate who the complaint should be - full name, surname and patronymic, also address, contact details in the form of a telephone (if this is an e-mail, then also an e-mail box).
• In the middle of the sheet, the name of the document is always written, in this case - "Complaint".
• A little below describes the essence of the statement. Writing style - dry, official, it is necessary to give a detailed and accurate account of all the facts, but without epithets and unnecessary information. It is important to clearly identify which rights have been violated and by whom (with the name and name of the doctor and the indication of his specialization), in which department (name, cabinet number, etc.) of which institution. This is a complaint against a doctor at a polyclinic, or a hospital, or honey. Center. For example - in the adult polyclinic № 6, doctor-therapist, etc.
• Also to the application it is possible to attach and / or describe evidence of wrongful acts, negligence, etc.
• Further, the complainant should write what he requires, taking into account all of the above. Requirements must be compared with this legislation. It will not be superfluous to refer to specific articles, both in describing what happened, and when specifying what actions the organization should take in response to which the complaint was sent.
• Date and signature at the bottom of the sheet make the document valid.

As already stated in this article, you must make two identical copies of the complaint, and one of them should be left at home. Usually such documents do not exceed two pages of printed text. This volume is quite enough to describe everything in essence, because emotionally colored complaints should be avoided.

Style and principle require specification - surnames, facts. The complaint must be filed against a person who violated this or that article of the Criminal Code. It is inappropriate to write a document in which the entire hospital or even the health care system in all mortal sins will simply be blamed.

Example

Below is an example of how to file a complaint with a court. These are the "serious actions" that were mentioned in the article.

District court of the city (name)

Claimant: (name, surname),
(Full address - city, street, house)
Tel. (number)

Respondent: (full legal name of the institution),
(legal address)
Tel. (number)

STATEMENT OF CLAIM

To terminate the service agreement, as well as payment of forfeit and compensation for moral damages

June 19, 2015 in the (medical institution for which the application is filed), located at the address (address) to me on the upper tooth was installed a ceramic-metal seal. The service was paid in full size in 13,000 rubles, and it was also guaranteed for a period of up to one year.
On Nov. 18, 2016, I was forced again to go to (the institution), this time with a complaint: obvious seams, spots, and form began to get lost on the filling. In total, the guarantee coupon did not provide, and its term has not yet ended. I asked the defendant to conduct the medical service again and to eliminate the above-mentioned defects for free.

(Institution) responded with a refusal, arguing that I violated the conditions of the seal. The change in color was explained by such drinks as coffee, tea and wine, and the change in shape - solid food (for example, nuts). The defendant also referred to the internal document of the institution signed by the chief physician: (the full name of the documentation indicating the date of its signing), which lists the above-mentioned possible reasons why the seal may be damaged before the end of the guarantee for it.

However, according to Art. 4 of the Law on the Protection of Consumer Rights, the performer is obliged to provide the consumer with a service whose quality corresponds to the contract. If there is a document that imposes certain conditions on the service, the performer undertakes to notify the consumer about them.

When I signed a service agreement with (name of institution), it indicated my wishes for the closest possible color of the seal in relation to the rest of the teeth. The request is duplicated in my medical record.

Proceeding from paragraph 3 of Art. 724 of the Civil Code of the Russian Federation, the customer of the work (services) has the right to make claims related to the deficiencies in the result of the work (service), if they were revealed before the end of the guarantee. Under this law, I have the right to demand either free repeat treatment, or reimbursement of material assets (in the form of losses or expenses for the elimination of shortcomings).

Also, since the respondent violated the response period, I demand payment of a penalty at a rate of 3% of the service price for each day of delay. Considering that in my claim of November 18, 2016, I gave the defendant a period of five calendar days for re-medical services, but so far it has not been completed, the period of delay is 85 days. Hence, the penalty will be 11,800 rubles.

The answer to my claim was an internal document (the institution and title of the document), which I was not introduced to when drafting a contract for treatment. This violates clause 2 of Art. 12 of the Law on Consumer Protection, according to which the defendant, was obliged to provide me with complete and reliable information about the service. Under the same law, if the performer did not do this, he himself is responsible for the consequences.

Since the name of the institution has not yet responded to my demands, I am forced to experience discomfort due to the loss of the seal of the original designation. Therefore, I also demand compensation for moral damage of 25,000 rubles.

Proceeding from the foregoing, I ask the court:

1) on termination of the contract of June 19, 2015;

2) on recovering from the defendant compensation for the cost of services, penalties and compensation in the amounts specified in this application (13 000 + 11 000 + 25 000 = 49 000 rubles).

February 21, 2016 / (the plaintiff's behalf) / (signature of the plaintiff).

The complaint to the head of the department or even to the head physician is made in a simpler form, but this sample clearly gives an idea of how to correctly present this document. It also contains references to the relevant legislation, and specific actions are mentioned that must be carried out if a situation occurs, due to which a complaint is lodged against the doctor. Where to write is also understandable. Also in it there are concrete facts, information, evidence. The calculations are made and the requirements are presented. With this detailed example, making your own statement will not be difficult.

Also it is worth remembering that for help in writing a complaint you can contact any legal representative. There are also companies that provide similar services.

Do not be ill!