The Constitution and law of the Russian Federation guarantee the right of citizens to provide medical care and health care. Problems of poor quality medical care affect every citizen. But sometimes, when meeting with them, a citizen has no idea where to complain about a specific hospital or doctor.
Unsatisfactory conditions in the hospital
If you no longer want to tolerate negligence on the part of medical institutions, you need to learn to defend your civil rights by consciously submitting justified claims to higher authorities.
Refusal
If an ambulance does not arrive when called, you need to fight for your rights. This is a violation of Article 11 of Federal Law No. 323, which is grounds for filing a written complaint. Without good reason, the ambulance does not have the right to refuse to call you. The grounds for departure are contained in the order of the Ministry of Health in paragraphs 11, 13 No. 388 n.
Ambulances are required to go to all citizens of the Russian Federation, regardless of their location. Waiting time outside the city is adjusted depending on the distance of the client. Foreigners have the same rights as Russian citizens. Everyone who finds themselves in a difficult situation has the right to receive qualified medical care (Article 19 of Federal Law No. 323).
Institutions for appeal
There are several authorities where you can send your claim. This:
- ambulance station management;
- law enforcement agencies (police);
- Ministry of Health of the Russian Federation;
- prosecutor's office.
To the head of the ambulance station
Having decided to complain about the poor work of the Ambulance, you should start with its management. This is where you should first send your complaint.
The document must be prepared in writing. It is necessary to consistently present the entire chronology of events. At the end, you need to ask for an inspection and punish the perpetrators.
The complaint addressed to the head of the Ambulance Service must be prepared in two copies. It is necessary to ensure that at the time of submitting the document, the receiving party puts the date and signature on the second copy. In the future, this document may be required when contacting higher authorities.
Did it happen that the ambulance did not come to you or your family?
It happened, but the reasons were valid. It happened, the reasons were disrespectful. It didn’t happen like that
Contacting the police
Unlawful refusal to provide medical care is a criminal offense. In particular, violators may be prosecuted under Art. 124 of the Criminal Code of the Russian Federation – failure to provide assistance to a patient.
If, as a result of illegal actions of ambulance workers, the patient’s health is harmed to moderate severity, or it worsens significantly, then in this case you can write a statement to the police. It can be submitted either in writing or orally. However, preference should be given to the first option.
This document should describe in detail the essence of what happened. Upon receipt of a signal, police officers will have to conduct an investigation, call ambulance workers for a conversation and, if there are grounds, initiate a criminal case.
Appeal to the Ministry of Health
The main body called upon to resolve all issues in the field of medicine (development of state policy and legal regulation, circulation of medicines, disease prevention, etc.) is the Ministry of Health of the Russian Federation (Ministry of Health). Thus, if the ambulance refused to come when a patient was called, he has every right to complain to this government agency.
The claim can be prepared in writing or electronic format. The last option is relevant for cases when the claim is submitted through the official website of the Ministry of Health of the Russian Federation.
In general, there is no uniform form for such a document. The main thing is to be sure to include your name and also state in detail what exactly happened. Otherwise, the claim may be left without consideration.
To the prosecutor's office
Another option is to file a written complaint with the prosecutor's office. This is a government body whose main task is to monitor compliance with laws and bring violators to justice.
It is important to keep in mind that contacting the prosecutor’s office is a last resort measure against ambulance workers who refuse to respond to a call. You should apply here if previous measures (a statement to the police, a complaint addressed to the manager, a complaint to the Ministry of Health of the Russian Federation) did not bring the expected result.
There are several ways to file a complaint with the prosecutor's office, namely:
- personally bring the document to the territorial office of this body;
- send electronically through the official website of the department.
Our rights
Every person can receive qualified medical care:
- It does not matter his registration, citizenship, registration, absence or presence of passport data.
- Emergency assistance is provided free of charge.
- If medical workers ask a patient or his relatives for money for services or medicines when providing assistance, then this is a reason to contact the police.
- The patient has the right to refuse hospitalization on an urgent basis; for this he needs to write a receipt.
Is hospitalization necessary for suspected coronavirus?
Ambulance teams only pick up people who have already been diagnosed with COVID-19. When an infected person complains about a worsening condition, he is urgently sent to an infectious diseases hospital. If a call comes from a person suspected of having coronavirus, they are tested and left at home in quarantine.
Complaint to management
This measure is capable of punishing guilty workers and is quite capable of fair punishment. After the complaint reaches the manager’s desk, he takes action and reviews the actions of his subordinates for compliance with legal documents. As a result, you will receive a written response with management’s decision to your complaint. It often happens that management covers up for their guilty employees, but if this measure does not produce results, then it is necessary to move on to extreme measures.
In what cases should you run for help?
If you are a young and healthy person without chronic diseases or immunodeficiency, stay at home. Get treatment and don't spread the infection. In cases where there are people nearby who are at risk, take care of their safety. Try not to contact them and monitor changes in their health. If suspicious signs appear, call a doctor at home. If you suspect an illness, it is also necessary to go to the doctor for those who have real problems with the respiratory system.
Ministry of Health
The regional Ministry of Health has reception rooms for ordinary citizens at specially designated times. Here you have the opportunity to defend your rights and position, to achieve a solution to the problem regarding medical personnel. After a check has been carried out in relation to those officials who are indicated in your appeal, if your arguments are confirmed, they will be punished depending on the degree of their guilt.
The letter is written in free form. You can send it through Russian Post or email. A response to your letter is given a month from the date of submission of the application, regardless of how the letter was sent: electronically or in writing.
Where and to whom to file a claim against the hospital
If something caused indignation in the patient, he decided to seek justice. First, you must file a complaint with the hospital administration. The main thing is to fill out your claim or complaint correctly. If you are contacted about dirt in the hospital, violations of the routine, failure to comply with the cleaning regimen, violation of sanitary or hygienic standards. You must file a complaint with the Sanitary and Epidemiological Supervision Authority.
Every hospital has a price list. Some treatment services are provided free of charge by the institution. But it often happens that citizens are asked to pay for services that are provided free of charge. If such a case occurs, it is necessary to submit a claim to the compulsory health insurance fund. Information about the location of the fund is on the medical policy. A complaint can be submitted in free form, with the obligatory indication of the data of the person filing the complaint and the specific medical institution.
If the patient or his relatives believe that the treatment was unlawful or caused any harm to health, or the treatment resulted in death, a complaint must be submitted to the same compulsory health insurance fund. It will conduct its own independent investigation and decide who exactly will be held responsible if a violation is confirmed.
Besides:
- When violations occur in an institution under the jurisdiction of a medical-biological agency or the Ministry of Health, you can file a complaint with the same organizations.
- A request ignored by the hospital administration may be further addressed to the City or Regional Department of Health.
- A complaint should be filed with Rospotrebnadzor against private clinics. He controls the activities of legal entities and entrepreneurs.
- It happens that the administration responded to a complaint in writing, but the patient did not receive an adequate response. In this case, the citizen has the right to appeal to other higher authorities. The complaint must be accompanied by a written response from the administration.
If all authorities do not meet the patient’s requirements, he has the right to seek help from the prosecutor’s office. In this case, you first need to make an appointment with the secretary, he will help you correctly file your claim. Based on the complaint, the prosecutor's office will conduct an inspection of the institution. If necessary, the prosecutor's office takes the case to court.
The patient has the right to go to court on his own, but then he needs professional legal assistance.
Written complaint
Not everyone knows how to correctly write a letter of complaint. The complaint is drawn up in free form by hand. The rules are as follows:
- There is no need to express yourself and write unnecessary information.
- It is better to write the statement unemotionally. That is, it is necessary to indicate specific facts. It is better not to exaggerate them.
- If conflicts with medical personnel are repeated on an ongoing basis, then information on each case must be indicated, indicating the date of the incident.
- Use specific facts in your application. Such a complaint is written not only against the ambulance team, but also against doctors of other categories.
- It is necessary to try to find information about the team that did not make the call or behaved incorrectly during it. The statement cannot generalize the facts; it must be written for each specific case.
What you need to know before filing a claim against a hospital or doctor
No one is immune from rudeness, negligence, poor conditions and lack of professionalism in hospitals. Therefore, you need to find out exactly where to complain about the hospital in advance. Before filing a complaint, there are a few simple rules to remember:
- As practice shows, without documentary evidence of violations of various types, it is impossible to prove anything. Therefore, while undergoing treatment, it is necessary to keep absolutely all documents related to it. Such documents can be called: all paid checks, written prescriptions and recommendations from doctors, results of tests and examinations. Many clinics do not hand over test results; in this case, a citizen has the right to demand photocopies of them, preferably certified by the attending physician.
- You need to remember that if a complaint goes to court, every document can play a decisive role.
- Sometimes it happens that when a doctor prescribes certain procedures or examinations, the patient is not explained about them. When the patient decides to take a closer look at the doctor’s prescription, they simply wave him away. If you have not received a clear answer from the attending physician, you can safely contact the chief physician or head of the department with a complaint. If the administration has not resolved the issue, you need to find out where to complain about poor medical care or the incompetence of the doctor.
- There are times when there is pressure from the attending physician. The patient is practically forced to agree to surgery, but the patient himself has doubts. It is worth contacting other specialists; only if the opinions of several specialists coincide, you can agree to the prescribed treatment.
- In the most serious cases, when visiting your doctor, it is better to come with a support group. It may include loved ones, relatives and friends. The case may go to court, so by law they can become witnesses. This is especially true for children's clinics and medical institutions. Parents should definitely know where to complain about a children's hospital. In each specific case, a claim must be submitted in a logical sequence and with proper formatting.
Why do you need to join a clinic?
What does it mean to be assigned to a clinic? To be attached means to become a patient of a medical institution, that is, to receive the opportunity to receive free service there under an insurance policy. The attachment procedure involves providing documentation for entering a person into the EMIAS database. The patient must present a passport, compulsory medical insurance policy, SNILS, and also write a statement of desire to be served at the selected clinic.
Next, an outpatient medical card is created at the registry; a person can use the services completely free of charge. Treatment of a patient under the compulsory medical insurance policy is financed by the state. That is, the more patients, the more money the clinic receives.
Attachment is needed not only for the insured, but also for medical institutions in order to know the number of patients and draw up a funding budget.
How to attach a compulsory medical insurance policy to a clinic in another city
If a patient finds himself in another city and requires medical care, then the hospital has no right to refuse him. Medical care for Russians who have a compulsory medical insurance policy is provided in every corner of Russia.
According to Law No. 326 “On Compulsory Medical Insurance”, you can be assigned to a clinic both at the place of registration and at the place of actual residence. Moreover, supporting documentation is not required. Even if a person, while in another city, has not issued temporary registration, he can still be assigned to a hospital.
Note! To provide emergency assistance, you do not need a compulsory medical insurance policy. If there is a threat to life, a person can go to any medical institution and cannot be refused.
The procedure for attaching in another city is the same as in your native city. You must bring your passport, SNILS, compulsory medical insurance policy to the clinic and write an application addressed to the head physician. Management is given 2 days to review the application; if everything is in order with the documents, the decision will be made in favor of the patient.
Related article: Compulsory medical insurance policy, its validity period and whether it is necessary to change the old sample
The application must provide the following information:
- Patient's name;
- actual residential address;
- passport details (registration address, date of birth);
- Contact details;
- policy number;
- the name of the medical organization to which the patient is applying.
A sample application can be downloaded here.
An important point must be taken into account: if the policy is issued and the clinic is assigned to it in the same city, then the patient is provided with services within the framework of the territorial compulsory medical insurance program. If the policy was issued, for example, in Moscow, and the person is in St. Petersburg, then the service will take place within the framework of the basic program.
