A complaint against a dentist is an official document establishing the patient’s requirements and describing the essence of such requirements. According to article 4 Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” complaint– a citizen’s request for restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons. Responding to a written complaint is mandatory for official bodies and organizations. In addition, the consideration of the complaint must take place in full compliance with the procedures and deadlines established by this federal law.
We offer our sample complaint, in which we tried to take into account all typical situations. You can correct and supplement the specified sample - the complaint does not have a mandatory prescribed form.
Before writing and filing a complaint against a dentist, we recommend that you:
- receive free legal advice on patient rights, which will save your time;
- read the following materials on our resource: how to write a complaint correctly and how to submit a complaint correctly.
Chief physician of a state (municipal (private) health care institution (name) (address)
Ministry of Health (name of the executive body of the constituent entity of the Russian Federation with powers in the field of health protection) (address)
Prosecutor's office (name of the subject of the Russian Federation) (address)
Territorial body of the Federal Service for Surveillance in Healthcare at (name of the subject of the Russian Federation) (address)
from Last Name First Name Patronymic, residential address
(for example: Ivanov Ivan Ivanovich, Moscow, Moskovskaya st., 134, apt. 35)
Complaint about a dentist
I, Ivan Ivanovich Ivanov (indicate your last name, first name and patronymic - the latter if available), on September 25, 2017 (indicate the exact date of the event) felt unwell, namely (indicate specific symptoms of the disease) and decided that I would need a dentist.
This circumstance served as the basis for my application to a medical healthcare institution (indicate the type of medical institution and its name, for example, city clinic No. 9) for medical assistance.
At the same time, the following unlawful actions (inactions) were taken against me in this institution, namely (select the one you need, also add a detailed description of the situation to your complaint and attach evidence):
- I was denied medical services for the following reason (describe the situation and the reason for the refusal, for example, “after it became clear that I applied to the place of temporary stay, I was denied medical care,” etc.);
- I received poor quality medical service;
- medical assistance was provided untimely;
- I was misdiagnosed;
- the dentist refused to see the patient;
the doctor was negligent; - I was prescribed the wrong therapy;
- after visiting the dentist, your health deteriorated;
- had to incur excessive financial costs;
- the doctor treated me rudely;
- the dentist violated medical confidentiality
In accordance with Article 4 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation,” the main principles of health protection are: respect for the rights of citizens in the field of health protection and ensuring state guarantees associated with these rights; priority of the patient's interests in the provision of medical care; accessibility and quality of medical care; inadmissibility of refusal to provide medical care; priority of prevention in the field of health care; maintaining medical confidentiality.
Based on the above, I request(select the one you need):
- take action against the dentist (indicate the surname, first name and patronymic of the dentist),
- reimburse me for expenses incurred,
- correct the situation.
Date, personal signature of the person filing a complaint against the dentist
Making a complaint against the dentist: features of this procedure
Dentist mistakes are threefold unpleasant - it spoils the aesthetic appearance due to poor work, unpleasant and difficult-to-bear pain occurs, and the expensive service turned out to be of poor quality and another visit to the doctors is necessary. If the clinic does not admit guilt, refuses to correct the error free of charge and compensate for the losses incurred by the client, the institution can be held liable for violating consumer rights.
Patient rights in dentistry
In accordance with the provisions of the Consumer Rights Protection Law (CPL), the dental clinic:
- Bears responsibility to clients to the extent and in the manner prescribed by law and the contract for the provision of services.
- Compensates for losses to the patient caused by the actions of the institution’s staff and pays a penalty.
- Fulfills obligations to the consumer in accordance with the contract.
The clinic is not liable to the patient if it can be proven that failure to comply with the terms of the agreement with the client was due to force majeure, due to force majeure. This rarely happens, so the patient has the right to demand both compensation and the provision of quality services in the amounts and within the time frame specified in the contract.
A warranty period is established for the result of the work. You can make claims and complaints before it expires. If such a period has not been established, the patient has the right to file claims and demand compensation for 10 years from the end of treatment.
You can complain about a dental clinic and demand compensation for damage caused due to the use of:
- Materials;
- Equipment;
- Tools;
- Medicines and other medical supplies.
This does not depend on whether the institution has the technical capabilities and special knowledge to identify the special properties of all this or not. Exception - the patient violated the rules for using the result of the service, although he was instructed about them in advance.
Where should I complain?
For violation of consumer rights the patient can file a complaint with Rospotrebnadzor. Its territorial divisions are located throughout the country. But since the clinic is a medical institution, a complaint is submitted to both the Ministry of Health and the Regional Department of Health.
If the clinic’s actions have resulted in a serious deterioration in health, an application is also submitted to the prosecutor’s office. This body, as well as the police, is contacted if threats are received from dentists or their representatives, or if their actions show signs of fraud or another crime.
Contacting the head doctor
In normal situations, it is recommended to start disputes with a dental clinic by contacting the head doctor. The head of a private institution is not interested in disseminating information about poor quality services provided by his subordinates for the following reasons:
- This will alienate customers;
- Will reduce the income of the business entity, which is the clinic.
The head physician will take measures to resolve the dispute out of court, without involving regulatory authorities. The head of a government institution is less worried about the clinic’s income, but is afraid of inspections by the Ministry of Health, Roszdravnadzor, the prosecutor’s office and other departments and bodies. Therefore, he is interested in resolving the conflict without taking it outside the institution.
Roszdravnadzor
If contacting the head physician does not bring the expected result, you need to contact regulatory organizations. One of them is Roszdravnadzor. He considers complaints from patient clients about violations of the medical staff of the dental clinic.
You can contact us in the following ways:
- Send a letter by mail;
- Leave a complaint through the official website of the organization;
- Send a fax with the appeal;
- Make an appointment with the territorial body of Roszdravnadzor.
Within three days, a complaint is registered and a decision is made to conduct an inspection. Based on the results of consideration of the application, the applicant is informed within 30 days, excluding postage.
We write an application to the dental clinic
It is recommended to submit a written appeal regardless of whether the patient plans to go to see the head physician or not. In the first case, the presence of a competent written statement will demonstrate to the head of the clinic the serious intentions of the client, forcing him to satisfy the requirements or look for a compromise option.
In the second case, if a meeting with the head physician is not expected, a written statement is the only way to convey your dissatisfaction and complaints to the institution. It needs to be served:
- Through the secretary of the head physician, so that on the second copy he puts the signature and date of receipt, the seal of the institution;
- By recommended letter by mail with a list of attachments.
Sample
In order for the appeal to take the form of a claim or an official statement, it must indicate the exact name of the addressee and its location in accordance with the Unified State Register of Legal Entities. The patient must indicate his passport details, including the place of temporary or permanent registration.
Trial
If complaints and statements to the clinic and the authorities monitoring its activities do not lead to the expected result, all that remains is to go to court. The claim must be accompanied by:
- Agreement with the clinic.
- Documents supporting the examination and its conclusions.
- Applicant's identity card.
- Checks and receipts for payment for the services of the clinic, expert and state fees.
The peculiarity of such cases is that without the expert’s conclusions the court will not make a decision. If the clinic presents the conclusions of the specialist it hired, the judge is forced to call both experts, listen to them and take the side of the one who was more convincing. Another option is that the examination is ordered by the court, and a decision is made based on its results.
Useful video
Conclusion
Legal practice shows that a third of claims against dental clinics are filed unfoundedly. This results in wasted time and money. However, two or three cases of going to court are related to real violations on the part of doctors, their negligence and lack of qualifications, and the desire to profit from clients.
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Sample complaint to the clinic
Thus, the victim has the right to immediately sue the dentist and demand compensation. Sample complaint and claim against dentistry First of all, it is worth clarifying that the correct procedure for resolving the conflict is as follows:
- You verbally try to solve your problem.
A well-drafted complaint is 50% of the successful completion of the case.
We file claims and complaints about dentistry correctly
Not all medical institutions are included in the compulsory medical insurance system. If the problem arose during treatment in a psychiatric or drug treatment clinic, such a petition will not make sense, since the settlement of such issues is not within the sphere of influence of the health insurance fund. To the Ministry of Health You can complain about a doctor to the Ministry of Health in the following ways:
- Contact the public reception office located in Moscow at the address: st.
Claim to the clinic for negligence
To the chief physician of the City Clinic No. of Moscow, P. L.G. from P BA, living at the address: Moscow, Tel.: APPLICATION (CLAIM) In accordance with Article 17 of the Fundamentals of the Legislation of the Russian Federation on the protection of the health of citizens, my father, P AV, has the right to health care, including by receiving medical -social assistance.
On October 27, 2011, he turned to his local therapist
To G.S. with complaints of poor health and a request to prescribe medications for treatment. The therapist examined him carefully and gave him directions for tests: biochemical blood test, general blood test, scatological examination, electrocardiographic study.
Immediately after visiting the doctor, he went for an ECG. After the procedure, he asked the nurse who performed the study if the readings were normal.
Write a complaint about the clinic
They just steal money. And they even draw up the statement of claim so poorly that it has to be corrected during the court hearing. They spat on the money spent and found a lawyer in Pushkin itself.
Thank you to Nadezhda Vladimirovna for your competent approach to our business and for your reasonable advice. Special thanks for the well-written documents.
You do your duty and work honestly.
Claim for poorly provided paid medical services
The consumer has the right to refuse to fulfill the contract for the performance of work (rendering a service) and demand full compensation for losses if, within the period established by the specified contract, the shortcomings of the work performed (service provided) are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.
The consumer also has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed (service provided). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.
Where to complain about doctors: sample and instructions for filing a complaint
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- Lawyer Nadezhda Vladimirovna Makarova As life has shown, it is very difficult to find a good lawyer. Not only in Pushkin.
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In this article, we will tell you how to receive the remaining funds for the unused period of insurance in case of early termination of the compulsory motor liability insurance contract, for what reasons you can cancel the insurance, and also determine what documents are needed for this procedure. More details
- The procedure for collecting wage arrears - methods of collecting debt from the employer, documents and statute of limitations. Employers cannot violate their direct obligations to pay their subordinates. This violation is fraught with consequences. Employees, of course, can return the due funds through supervisory authorities or the court. We will tell you what the procedure for collecting wage arrears is, what documents will be needed for the return - and we will determine how the debt is calculated.
Claim for poor quality medical services
You should not write a statement simply succumbing to emotions, since to open a criminal case against a doctor or other medical worker, significant evidence is required. It is necessary to submit for consideration not only medical documents, but also any evidence that may indicate an offense on the part of the doctor, including:
- call recordings;
- written prescriptions;
- checks for the provision of medical services;
- “unsubscribes” received in response to a letter sent to the chief physician, etc.
An application can be submitted in different ways:
- By filling out the form on the website www.mosproc.ru.
- Having an appointment with the prosecutor's office at your place of residence. Muscovites can contact the address pl.
At the reception they were rude to me, gave me a ticket and sent me to an appointment. Upon entering the office, I realized that the doctor was intoxicated.
He did not respond to my requests to examine me, ignored me and said that he was not serving patients today.”
- Conclusion. It is better to indicate the articles and laws that the doctor violated, and also list your requirements.
For example: “I ask the chief doctor of the hospital to look into this situation and provide me with first aid” or “Provide the opportunity to receive medical care”, or “Compensate for the costs spent on the purchase of medicines”, or “Take action and identify those responsible.”
The paper outlines the main points:
- planned result;
- name of the services provided;
- deadline;
- price;
- payment method;
- warranty period for services performed;
- procedure for resolving conflicts.
After each payment is made, the client must be given a receipt. It is a cash register receipt, not a hand-written receipt. The document must indicate the same medical organization that provides the services and with which the contract is concluded. Otherwise, if problems arise, a complaint about dentistry will be pointless. Attention! Like any contract you sign, this one needs to be read. Often, unscrupulous dentists introduce completely unthinkable items. Where to file a complaint about dentistry? First you need to decide who the client plans to complain about.
Sample claim to a public clinic
Peasant Zastava, building 1 or to the prosecutor's office of your district, the location of which can be found on the page http://www.mosproc.ru/rukovodstvo/district-list.php.
- By sending the application itself and the proposed documents by mail (it is recommended to send it by certified mail, since in this case a receipt is provided confirming the fact that the correspondence was sent).
- According to Article 10 of the Federal Law "On the Prosecutor's Office of the Russian Federation", only applications that indicate the applicant's passport and contact information are accepted for consideration. Anonymously provided information is not a valid reason for opening a case (with the exception of reports of impending crimes).
Statement of claim to court It is necessary to properly prepare for going to court with the help of an experienced lawyer. Suing medical institutions is not easy, but it is possible.
How to properly file a complaint against a dentist.
How to properly file a complaint against a dentist.
Questions processed: 242
Reviews: 27
Good afternoon A complaint against a dentist is written in free form and must contain the following information:
- the name of the institution to which you are filing a complaint;
- your full name and contact details (address, contact phone number);
- factual statement of circumstances;
- your requirements;
- list of attached documents;
- Date of preparation;
- applicant's signature.
The complaint is drawn up in two copies. One is given to the recipient, the second remains with you. You can download a sample complaint here.
Questions processed: 428
Reviews: 24
Hello. An example of a complaint, as well as tips on drafting and filing it, can be found in our article Complaint against a doctor: drafting, sample, filing procedure
The document form “Claim for poor quality dental services” belongs to the “Claim” section. Save the link to the document on social networks or download it to your computer.
At LLC "___________________"
legal address: _____________
Address: _______________________
CLAIM
By way of pre-trial settlement
Years ago, we concluded an agreement for the provision of dental services for a fee No. _____. For the work performed, I paid an amount of ____________ rubles, which is confirmed by payment receipts.
Since ___________ they started treating my teeth.
For treatment, it was necessary to place crowns made of expensive material on the front 4 teeth. Why 4 healthy teeth were ground and as a result the 2nd right tooth broke. After which I asked my attending physician: “What should I do in this current situation?” To which the doctor assured me not to worry. After treatment, my gums were trimmed around the remaining root. The crown on the broken tooth did not hold. The next time I turned to the head of this Dental Clinic. She listened to me and promised to fix everything at the clinic’s expense. The root of the broken tooth was completely removed. I walked without a front tooth for 2 months. And subsequently, after the wound had healed, a “bridge” was placed using temporary cement, and the crown attached to it turned out to be made of cheap material. The treatment lasted 12 months, accompanied by unbearable pain and stress. The director offered me to pay for the work of the dental technician, namely ____ rubles for each tooth. Although the warranty period has not expired. Verbal agreements to correct the poor-quality service at the clinic’s expense were not fulfilled. I have repeatedly contacted your clinic to resolve this situation, to which I received an answer that it needs to be redone, but this will cost a fee.
Thus, your services were provided poorly. The result for which I went to the clinic, having paid a lot of money, was not achieved, and therefore, I have to bear the costs of what I have already paid for and, moreover, spend money on correcting the shortcomings, since the deterioration was allowed my situation.
According to Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the seller (performer) is obliged to transfer to the consumer a product (perform work, provide a service), the quality of which corresponds to the contract.
If there are no conditions in the contract regarding the quality of the product (work, service), the seller (performer) is obliged to transfer to the consumer a product (perform work, provide a service) that meets the usually required requirements and is suitable for the purposes for which a product (work, service) of this kind is usually used .
In accordance with Article 29 of the Law of the Russian Federation “On the Protection of Consumer Rights,” the consumer, upon discovery of deficiencies in the work performed (service provided), has the right to refuse to fulfill the contract for the performance of work (provision of services) and demand full compensation for losses if, within the period established by the specified contract, the deficiencies of the work performed the work (service provided) was not eliminated by the contractor.
The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.
The consumer also has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed (service provided). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.
Thus, I intend to demand from you the return of the money I paid and refuse to fulfill the contract for the performance of work (provision of services), since the services were provided with significant shortcomings.
Based on Article 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”, moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation governing relations in the field protection of consumer rights, is subject to compensation by the causer of harm if he is at fault.
Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.
By your actions you have caused me significant moral harm. I estimate the amount of compensation for moral damage caused at ________ rubles.
In addition, for legal assistance, I was forced to turn to Reshenie LLC, whose services amount to ___________ rubles.
Based on the above, guided by art. Art. 13, 16 of the Law of the Russian Federation “On the Protection of Consumer Rights”,
I SUGGEST:
1. Return me __________ rubles in connection with my refusal to fulfill the contract for the performance of work (provision of services).
2. Pay me _________ rubles as compensation for moral damage caused.
3. Reimburse me for the __________ rubles I paid to LLC “__________” for the legal services provided.
Application:
Copy of agreement No. _____ dated ____________
Copies of payment documents.
A copy of the contract of LLC "___________".
"___"____________G. ____________ /______________/
-
It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both. -
Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.
1. How to write a complaint to a dentist who does not want to return money for a denture.
1.1. Hello Oksana. The claim is written in any form. In your complaint, you need to indicate what and why you are not satisfied with the prosthesis, and what you want from the doctor.
1.2. Good afternoon. In this case, the regulatory claim must be based on the Law on the Protection of Consumer Rights; also, if you have an agreement with a dental clinic, you must read it and also use it when writing a claim.
Dentist mistakes are threefold unpleasant - it spoils the aesthetic appearance due to poor work, unpleasant and difficult-to-bear pain occurs, and the expensive service turned out to be of poor quality and another visit to the doctors is necessary. If the clinic does not admit guilt, refuses to correct the error free of charge and compensate for the losses incurred by the client, the institution can be held liable for violating consumer rights.
Patient rights in dentistry
In accordance with the provisions of the Consumer Rights Protection Law (CPL), the dental clinic:
- Bears responsibility to clients to the extent and in the manner prescribed by law and the contract for the provision of services.
- Compensates for losses to the patient caused by the actions of the institution’s staff and pays a penalty.
- Fulfills obligations to the consumer in accordance with the contract.
Paid material and moral damages do not relieve the dental clinic from fulfilling its obligations to the client, which are specified in the contract for the provision of services.
The clinic is not liable to the patient if it can be proven that failure to comply with the terms of the agreement with the client was due to force majeure, due to force majeure. This rarely happens, so the patient has the right to demand both compensation and the provision of quality services in the amounts and within the time frame specified in the contract.
A warranty period is established for the result of the work. You can make claims and complaints before it expires. If such a period has not been established, the patient has the right to file claims and demand compensation for 10 years from the end of treatment.
You can complain about a dental clinic and demand compensation for damage caused due to the use of:
- Materials;
- Equipment;
- Tools;
- Medicines and other medical supplies.
This does not depend on whether the institution has the technical capabilities and special knowledge to identify the special properties of all this or not. Exception - the patient violated the rules for using the result of the service, although he was instructed about them in advance.
Where should I complain?
For violation of consumer rights the patient can file a complaint with Rospotrebnadzor. Its territorial divisions are located throughout the country. But since the clinic is a medical institution, a complaint is submitted to both the Ministry of Health and the Regional Department of Health.
If the clinic’s actions have resulted in a serious deterioration in health, an application is also submitted to the prosecutor’s office. This body, as well as the police, is contacted if threats are received from dentists or their representatives, or if their actions show signs of fraud or another crime.
Contacting the head doctor
In normal situations, it is recommended to start disputes with a dental clinic by contacting the head doctor. The head of a private institution is not interested in disseminating information about poor quality services provided by his subordinates for the following reasons:
- This will alienate customers;
- Will reduce the income of the business entity, which is the clinic.
The head physician will take measures to resolve the dispute out of court, without involving regulatory authorities. The head of a government institution is less worried about the clinic’s income, but is afraid of inspections by the Ministry of Health, Roszdravnadzor, the prosecutor’s office and other departments and bodies. Therefore, he is interested in resolving the conflict without taking it outside the institution.
Roszdravnadzor
If contacting the head physician does not bring the expected result, you need to contact regulatory organizations. One of them is Roszdravnadzor. He considers complaints from patient clients about violations of the medical staff of the dental clinic.
You can contact us in the following ways:
- Send a letter by mail;
- Leave a complaint through the official website of the organization;
- Send a fax with the appeal;
- Make an appointment with the territorial body of Roszdravnadzor.
Within three days, a complaint is registered and a decision is made to conduct an inspection. Based on the results of consideration of the application, the applicant is informed within 30 days, excluding postage.
We write an application to the dental clinic
It is recommended to submit a written appeal regardless of whether the patient plans to go to see the head physician or not. In the first case, the presence of a competent written statement will demonstrate to the head of the clinic the serious intentions of the client, forcing him to satisfy the requirements or look for a compromise option.
In the second case, if a meeting with the head physician is not expected, a written statement is the only way to convey your dissatisfaction and complaints to the institution. It needs to be served:
- Through the secretary of the head physician, so that on the second copy he puts the signature and date of receipt, the seal of the institution;
- By recommended letter by mail with a list of attachments.
Sample
In order for the appeal to take the form of a claim or an official statement, it must indicate the exact name of the addressee and its location in accordance with the Unified State Register of Legal Entities. The patient must indicate his passport details, including the place of temporary or permanent registration.
The absence of the sender's data or an error in it gives a formal reason to consider the application anonymous, and therefore does not oblige you to respond to it.
Trial
If complaints and statements to the clinic and the authorities monitoring its activities do not lead to the expected result, all that remains is to go to court. The claim must be accompanied by:
- Agreement with the clinic.
- Documents supporting the examination and its conclusions.
- Applicant's identity card.
- Checks and receipts for payment for the services of the clinic, expert and state fees.
The peculiarity of such cases is that without the expert’s conclusions the court will not make a decision. If the clinic presents the conclusions of the specialist it hired, the judge is forced to call both experts, listen to them and take the side of the one who was more convincing. Another option is that the examination is ordered by the court, and a decision is made based on its results.
Useful video
Conclusion
Legal practice shows that a third of claims against dental clinics are filed unfoundedly. This results in wasted time and money. However, two or three cases of going to court are related to real violations on the part of doctors, their negligence and lack of qualifications, and the desire to profit from clients.
To appoint an examination in accordance with Article 79 of the Code of Civil Procedure of the Russian Federation, for the resolution of which to raise the following questions: - correct or incorrect actions of the defendant when providing dental services to the plaintiff; - the actual presence of health damage to Ivan Anisimovich Voronov; - a cause-and-effect relationship between significant deficiencies in the provision dental services to the plaintiff and the plaintiff’s health condition. Appendix: 1. Copies of the statement of claim with all copies of attached documents for the Defendant. 2. Agreement for the provision of dental services dated 03/26/2009 3. Cash receipts dated 02/28/09 for 20,500.00 rubles, dated 03/13/2009 for 9,000.00 rubles ., from 03/17/2009 for 5000.00 rubles, from 03/23/2009 for 5000.00 rubles, from 03/26/2009 for 1500.00 rubles.4. Certificate No. 192 dated 06/04/20095. Warranty card.6. Coupons for an appointment with a dentist in the amount of 8 (eight) pieces.7. Claim dated August 10, 20098.
Sample complaint to the clinic
Sample Claim to the Clinic Dispute resolution involves sending a written claim to the medical institution by submitting the claim against signature to the clinic employee/manager. The claim is drawn up in two copies. If a medical institution refuses to accept your claim, then it is advisable to send it by registered mail with notification.
Submitting a claim is necessary in the following cases:
- Poor quality of medical services;
- Cancellation of the contract and return of funds paid;
- Causing harm to the patient's health;
The claim must contain a description of the violated rights and freedoms of the patient, and the requirements for the medical institution that must be satisfied. Thank you for your request. Our consultants will call you back shortly.
G.
We file claims and complaints about dentistry correctly
Attention
N 1006, control over the activities of private practicing dentists or the clinics in which they work is carried out by the Federal Service for Supervision of Consumer Rights Protection and Public Welfare (abbreviated as Rospotrebnadzor). The service receives complaints and appeals from citizens at 127994,
Moscow, Vadkovsky lane, building 18, buildings 5 and 7, in accordance with the established schedule, which can be found on the official website of the organization. There is a virtual reception room on the official portal of Rospotrebnadzor http://petition.rospotrebnadzor.ru/petition/.
When drawing up a written complaint, you should be guided by the standard rules and recommendations that are already given above regarding writing an application to Roszdravnadzor. As for the electronic complaint, its filing is also possible only after authorization in the Unified Identification and Logistics Authority.
Complaint to a dental clinic
The authority is selected based on the territorial principle - at the location of the medical institution or the office of a private practicing dentist. Sample application for an inspection to the prosecutor's office: Example of a statement of claim to the court Sample statement of claim to the court against a dentist Legislative framework Legal basis for appealing unlawful actions or inaction of a dentist:
- Federal Law “On the fundamentals of protecting the health of citizens in the Russian Federation” dated November 21, 2011 N 323
- Federal Law “On the sanitary and epidemiological welfare of the population” dated March 30, 1999 N 52.
- “Criminal Code of the Russian Federation” dated June 13, 1996 N 63.
- “Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993).
- RF PP “On approval of the Rules for the provision of paid medical services by medical organizations” dated October 4, 2012.
Claim for a refund in dentistry due to non-provision of services
- A video recording of a conversation with the offender or other evidence of the doctor’s unlawful actions. An application to the prosecutor's office and a claim to court are drawn up according to the same principle:
- An introductory part with information to whom and from whom the complaint is being sent (the full name of the defendant must also be indicated in the claim).
- Descriptive - with a brief and meaningful statement of the fact of the offense.
- Petition - contains a request formulated and based on current legislative acts.
- List of documents attached to the application.
- Date and signature.
You can file a complaint with the prosecutor’s office and the court at the same time, you can first go to the prosecutor’s office and, if necessary, continue the proceedings in court, or you can immediately contact the justice authority.
About the rights of a patient in a dental clinic
Info
In accordance with paragraph 7 of paragraph 1 of Article 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 for the provision of a service if he discovers significant deficiencies in the service provided. Option of the Law “On the Protection of Consumer Rights” - when selling goods based on a sample or description, the seller is obliged to transfer the goods that correspond to such sample or description.
In case of violation of the requirements for the quality of goods in accordance with Art. 18 of the Law on the Protection of Consumer Rights, the seller has the right to refuse to fulfill the sales contract and demand the return of the amount paid for the goods. How to file a claim for a refund? In this case, it is “Claim”.
The main part of the paper is textual information where the applicant indicates the actual claims and describes the situation. Specify the time frame when you expect to receive a response.
Complaint about a dentist
Important
Moscow, Slavyanskaya Square, 4, building 1 or using the electronic submission service on the official website of Roszdravnadzor. Access to the management reception for individuals - http://www.roszdravnadzor.ru/services/person.
Further algorithm of actions:
- Select the request type “Organize verification of the stated facts.”
- Log in to the ESIA (log in through an already created account on the State Services portal).
- Fill in the missing data (some of it will be entered automatically from the unified identification and authentication system) and the text of the complaint.
- Attach scans or color photographs of the documents attached to the case.
- Send a message.
Electronic form of appeals The results of the inspections are presented for review at the link http://www.roszdravnadzor.ru/services/revisions.
The patient has the right to: reimburse money for dental services of inadequate quality; compensate for financial losses due to the purchase of additional medical services, medicines, medical products; compensate for damages for outside care; compensate for moral damage; reimburse legal expenses. The consumer has the right to terminate the contract for the provision of dental services and demand full compensation for losses if: the clinic has not eliminated the defects within the specified period; the patient discovers significant deficiencies in the service provided or other significant deviations from the terms of the contract.
When does a patient have the right to make his/her claims? During the provision of service or during the warranty period. If there is no warranty period, then within a reasonable time - within two years from the date of acceptance of the service provided.
As a result of this whole situation, my pancreas has worsened (as a result of chronic pancreatitis and cholecystitis). According to clause 5 of this agreement for the provision of dental services, the CONTRACTOR is responsible for the services provided as provided for by current legislation. The customer fulfilled his obligations to pay for the services properly Thus, a relationship has developed between the Seller and the Buyer arising from the purchase and sale agreement, which is regulated by Chapter 30 of the Civil Code of the Russian Federation. In accordance with Article 454 of the Civil Code of the Russian Federation, under the purchase and sale agreement, one party (the seller) undertakes to transfer the thing (goods) into the ownership of the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it. In accordance with clauses 1, 2 of Article 469 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer the goods, the quality of which corresponds to the purchase and sale agreement.