Complaint against a clinic doctor: methods and rules for filing

Complaint against a pediatrician

A complaint against a pediatrician is an official document establishing the patient’s requirements and describing the essence of such requirements. According to Article 4 of the Federal Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation,” a complaint is a citizen’s request to restore or protect 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.

Accept complaints and get free legal advice today! Call:

• Moscow
• Saint Petersburg
• Hotline in the Russian Federation (free)

Solve the problem now - a personalized complaint is the key to success!

Before writing and filing a complaint against a pediatrician, 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.

Doctor's liability for unlawful actions and errors

When a person is faced with the rudeness of medical workers, negligence and other illegal actions, the relevant question is what will happen to the doctor for such actions or inactions after filing a complaint against him.

Types of liability in medicine are divided according to the reason for its occurrence:

• administrative responsibility;
• disciplinary liability;
• civil or tort liability;
• criminal liability.

Depending on the types of liability, forms of liability are distinguished; these are restrictions and encumbrances that are placed on the offender.

In accordance with the legislation of the Russian Federation, which is in force in 2020, a doctor who causes harm to a patient through negligence bears the following penalties:

1. Imprisonment from 1 to 4 years.
2. Forced labor.
3. Deprivation of doctoral practice for up to 3 years.

If the doctor makes an incorrect diagnosis, then in accordance with Article 1064 of the Civil Code of the Russian Federation, compensation in the form of moral and material damage is paid by the hospital.

Sample complaint against a pediatrician

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)

Each situation is individual - do not hesitate to ask questions:

1. in comments;
2. in the online consultant window at the bottom of the page ↘️
3. in the form at the bottom of the page.

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 against a pediatrician

I, Ivan Ivanovich Ivanov (indicate your last name, first name and patronymic - the latter if available), on September 25, 2020 (indicate the exact date of the event) felt unwell, namely (indicate specific symptoms of the disease) and decided that I would need a pediatrician.

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.

Accept complaints and get free legal advice today! Call:

• Moscow
• Saint Petersburg
• Hotline in the Russian Federation (free)

Solve the problem now - a personalized complaint is the key to success!

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 pediatrician refused to admit the patient; the doctor was negligent;
• I was prescribed the wrong therapy;
• after visiting the pediatrician, my health deteriorated;
• had to incur excessive financial costs;
• the doctor treated me rudely;
• pediatrician 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 ask (select the one you need):

Each situation is individual - do not hesitate to ask questions:

1. in comments;
2. in the online consultant window at the bottom of the page ↘️
3. in the form at the bottom of the page.

• take action against the pediatrician (indicate the surname, first name and patronymic of the pediatrician),
• reimburse me for expenses incurred,
• correct the situation.

Date, personal signature of the person filing a complaint against the pediatrician

Source of the article: https://zhaloba-obrazec.ru/zhaloba-na-pediatra/

Where to write a complaint about the clinic

Often a routine visit to the hospital turns into a real nightmare. Here you will find long queues, bureaucracy, and sometimes rudeness or indifference of the medical staff. It is especially difficult to visit such establishments with children. In long lines, the baby gets very tired, and at a doctor’s appointment he often gets scared. He is very nervous, capricious and crying.

In any case, if you encounter any problem at a hospital appointment, you can and should write a complaint. Let's figure out where to complain about the clinic. And we’ll learn how to make a complaint correctly so that it has an effect.

When can you file a complaint?

• Refusal of a specialist to provide medical care;
• Providing incomplete medical care;
• Providing inappropriate assistance;
• Injury during treatment or treatment;
• Incorrectly prescribed treatment;
• Disclosure of medical confidentiality;
• Incorrect diagnosis;
• Rudeness and rudeness on the part of the staff;
• Inability to make an appointment or receive a voucher for an appointment;
• Demanding funds for free services;
• Long queues;
• Poor quality service;
• The pediatrician does not come for a routine examination of the child. How often should a doctor visit a newborn, see here;
• Lack of necessary equipment, medicines, vaccines, etc.

Where to complain about the clinic

If a conflict occurs with medical staff, you should first file a complaint with the clinic management. We write an application addressed to the head physician in two copies and give it in writing to the head’s reception office. One of the copies is marked with acceptance. You leave this statement to yourself. The second goes to the manager.

This application is considered within 30 days. If there is no response or a regular reply is received without delving into the essence of the matter, we write a complaint to the Ministry of Health in Moscow and the Moscow region or the region where you live.

If, as a result of the treatment and actions of the medical workers of this institution, you have suffered injuries and serious health problems, it is better to immediately contact the prosecutor’s office, bypassing the lower authorities. In this case, based on the application, a prosecutor’s investigation is carried out, and if necessary, the case is subsequently brought to court.

Institutions where you can file a complaint

• You can complain about a doctor or other personnel in a clinic to the head of the institution (chief doctor or deputy);
• You can complain about the head doctor and the work of the clinic in general by writing a complaint to the Ministry of Health. By the way, for this you do not have to go directly to the department; you can leave an application on the ministry’s website;
• You can complain about the clinic by calling the Ministry of Health hotline. This is a free hotline that operates around the clock and accepts any complaints about the work of medical institutions. Phone numbers 8-800-500-18-35, 8-800-700-8-800, 8-800-200-03-89;
• If the hospital does not have the necessary drugs and medications that are provided free of charge to a certain category of citizens, contact local authorities or the city administration;
• When a doctor refuses to prescribe medications that are included in the list of free medications, as specified in the health insurance policy, file a complaint with the insurance organization that issued the policy;
• In case of violation of the patient’s legal rights, incl. consumer, in case of violation of the rules for the provision of medical care, in the event of a threat to life or health, you can file a complaint with Roszdravnadzor;
• In case of extortion of a bribe from medical personnel, harm to the patient’s health, in case of an incorrect diagnosis and incorrectly prescribed treatment, contact the prosecutor’s office;

• In case of extortion, threats and insults, or intentional harm to health, you can write a complaint against the clinic doctor to the police;
• When the patient has suffered serious harm or lower authorities have not helped or left the complaint unanswered, go to court.

Negligence of doctors - where to turn if doctors are inactive

According to the Investigative Committee of Russia, about 6,000 patient complaints are received against doctors annually. 30% of such documents become the reason for initiating a criminal case. If the cause of deterioration in a person’s health is medical negligence, the provisions of the Criminal Code must come into force. How to attract the attention of the competent authorities, what falls under the definition of “medical negligence” and what sanctions the accusation provides for, we will tell you in the article.

How to write a complaint correctly

There are no strict rules for filling it out, but in the application you must indicate your full name and contact information, the full name and position of the person against whom you are filing a complaint, the full name and address of the clinic. Then they fully describe the problem and the conflict situation, the measures that you took to eliminate this conflict.

At the end, they indicate the requirements, put a date and signature with a transcript. The complaint is written in two copies, one is submitted to the relevant authority, and the second is stamped with acceptance. It remains with the injured patient. You can easily find an example of writing a complaint on the Internet.

Today you can leave a complaint about any clinic, including a children’s clinic, on the official website of the department. Here you fill out a simple form indicating your personal data and describe the problem in the required box. However, the complaint must not exceed 2000 characters and contain specific complaints or suggestions. The text should not contain threats, insults or various emotions. It should be in an official business style.

If you call a hotline, also prepare in advance. Write down your full name and position on a piece of paper, so as not to forget, if this is a complaint against a pediatrician or another doctor. Please provide the address and name of the hospital. Tell us briefly about your problem.

If the claim is directed at documents, including a referral for treatment, a prescription, etc., you will need data from the SNILS, passport and compulsory medical insurance policy of the injured patient. We looked at how to correctly write a complaint and submit an application. However, citizens’ appeals often remain unanswered and unanswered. Next, we’ll figure out what to do in this case.

How to complain about a doctor's work?

The main thing that is needed for a competent complaint against a doctor’s work is evidence of his guilt. They may be:

1. Checks and receipts for payment for services and purchase of medicines.
2. Treatment agreement concluded with the clinic.
3. Treatment plan prescribed by your doctor.
4. Certificates, conclusions, other records.

Audio and video recordings are also used as evidence of the guilt of medical staff. They need to be done correctly; for this, it is recommended to contact lawyers who will instruct how to record correctly. The main requirement is that the image or conversation should not raise doubts about the identity of the voice and the location of the participants in the conversation.

Sample letter

The complaint must include the following information:

1. The name of the institution where it is submitted.
2. Last name, first name and patronymic of the applicant.
3. The title must include the word complaint or statement.
4. Circumstances - date of visit to the clinic, doctor who was seen, complaints of the child or his parents.
5. What was the violation, what rights and legitimate interests of the patient were affected.
6. Applicant's requirements.
7. List of attached documents, if any.
8. Date and signature.

To facilitate the preparation of a complaint, a sample application is used.

If measures are not taken

If, after complaining to the head of the clinic, there was no response and no measures were taken, write a statement about the actions of the staff and the inaction of the chief physician to the Ministry of Health of your region. The response from this department must arrive no later than 30 days from the date of acceptance of the application.

In addition, if harm occurs, you can contact the prosecutor's office or immediately file a claim. In the first case, a prosecutor's investigation is carried out to identify a violation of the patient's rights. In the future, if necessary, the prosecutor takes the case to court.

When filing an application with the prosecutor's office, officials are held accountable, including criminal liability. Among other things, you can demand compensation for moral and material damage. However, the main thing here is that the perpetrators are punished.

If the harm to health was reversible, you can go straight to court, bypassing the prosecutor’s office. In this case, the main goal is to compensate for moral and material damage, rehabilitation costs, and not to hold officials accountable.

In the statement of claim, indicate the name and address of the court, personal data and place of residence, the essence of the conflict and the rationale for the claim. This is various evidence, including a reference to legislation, documents, photographs, reports, extracts, and so on.

Most common mistakes

Mistake No. 1: For any reason, you can go to court with a claim against the doctor.

No. Reasons will be required. For civil proceedings, they can be the infliction of moral harm by the actions of the therapist, property and material damage. In criminal cases, materials for the court are prepared by the prosecutor's office.

Mistake #2: A complaint can only be submitted in person to the supervisory authority.

No, currently sending appeals is available through “Government Services” or via email. You can also send a registered letter with acknowledgment of receipt and a list of the attached documentation.

Complaint against a doctor

If there is a complaint regarding medical care, a specific medical professional will file a complaint against the doctor. The website also contains examples and recommendations for filing a complaint against a clinic and a hospital. As a rule, they draw attention to the general procedure for organizing the provision of medical services to the population and the work of personnel. To some extent, such documents also include claims about the inaction of the chief physician of a medical institution. A complaint against a doctor is sent when action is required against the primary doctor - a specific medical professional.

Before filing a complaint against a doctor, it makes sense to verbally contact his supervisor and voice your complaints.
Remember that in accordance with Art. 19 of the Law On the Fundamentals of Protecting the Health of Citizens in the Russian Federation, the patient has the right, among other things, to choose a doctor and a medical organization. Failure to take action on an oral statement should result in a complaint against the doctor. This tool will allow you to defend not only your rights, but also, possibly, protect other patients from incompetent medical workers. Complaint against a doctor

Is it possible to change the local pediatrician?

Can.
Moreover, you have every right to do so. There is such a document as Article 30 “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens”, approved by the Supreme Court of the Russian Federation on July 22, 1993 No. 5487-1. This article states that

In our case, the patient is a minor child, so his right to choose a doctor is exercised by his parents (legal representatives of the child’s interests). But you need to pay attention to the fact that you can choose a doctor “taking into account his consent.” Those. the doctor you choose must agree to observe and treat your child, bypassing the principle of territoriality of medical care to the population.

The Ministry of Health recommends obtaining written consent from the new attending physician to treat your child. But these recommendations have no legal significance, and, in addition, lawyers explain that the phrase “subject to consent” does not mean “with mandatory consent.” And here comes the moment when you need to contact the administration of the clinic - the head of the department or the chief physician.

All negotiations with the administration of the clinic must be confirmed by written documents. Otherwise, you may hear a verbal refusal in response to your oral statement, and you will not be able to confirm anything in the future.

You need to write a reasoned statement in 2 copies with a request to change the precinct in the name of the head physician of the clinic or the head of the department and give one copy to the administration representative for signature on the 2nd copy, which remains with you. A sample application is given below.

The following situation often arises: the doctor agrees to see your child, but refuses to visit him at home, because... its own site is located far from your place of residence, and our local doctors (with rare exceptions) are not provided with transport. Those. The very same local pediatrician with whom you do not want to deal will come to your sick child’s home when you call.

But there is a way out of this situation, even two. The first option: you provide the doctor with transport, i.e. bring him to the call by taxi or in your own car, and take him away in the same way. Second option: if the pediatrician in this case refuses to serve your child at home, you again write a statement to the administration of the clinic with a request that calls to your child be handled by a doctor “on call.”

In all children's clinics, house calls are accepted until a certain time (until 12.00 or until 14.00), then they are served by a local pediatrician. If a call arrives after the agreed time, it is handled by a “call attendant.” In some clinics there is a position of a doctor who serves only “evening calls”; in others, all doctors take turns handling “evening calls”. This way, you and your child will be spared contact with a doctor you don’t want.

It must be emphasized that changing the local pediatrician should be due to objective reasons, and not your whim.

But there is a way out of this situation, even two. The first option: you provide the doctor with transport, i.e. bring him to the call by taxi or in your own car, and take him away in the same way. Second option: if the pediatrician in this case refuses to serve your child at home, you again write a statement to the administration of the clinic with a request that calls to your child be handled by a doctor “on call.” In all children's clinics, house calls are accepted until a certain time (until 12.00 or until 14.00), then they are served by a local pediatrician.

We suggest you read: Private complaint for the return of a statement of claim

Attention

A local pediatrician is a person on whom your child’s health largely depends. In the first years of a child’s life, you meet with the pediatrician very often (routine examinations, vaccinations, illnesses, examinations, etc.).

Then the question arises about changing the local pediatrician.

Can. Moreover, you have every right to do so.

Please also write who the applicant is.

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 received in response to a letter sent to the chief physician, etc.

Example of a complaint against a doctor

Complaint against a doctor

The reason for my appeal was the negligent attitude towards his duties by the general practitioner of the Regional State Budgetary Institution No. 195 Arkady Aleksandrovich Polishchuk, namely the failure to take measures to make a correct diagnosis. As a result of this attitude, my health was damaged.

In the period from September 11, 2016 to September 21, 2016, I was in KGBI No. 195 due to poor health. She was admitted with complaints of poor appetite, dizziness and low blood pressure. attached), ultrasound examinations and a number of other procedures. I saw the doctor only 2 times over a 10-day period, and did not receive any comments about the diagnosis or progress of treatment. In the discharge from the hospital I found out that I was diagnosed with type 2 diabetes mellitus, despite the fact that according to a blood test, sugar was low - 5.8.

On September 21, 2016, I was discharged from the hospital, despite the fact that my health condition remained unsatisfactory. And on October 5, 2016, I was again admitted to hospital No. 195 with deteriorating health. This time I was also prescribed a blood test for markers, and, unfortunately, a tumor was detected. I am currently undergoing examinations at an oncology clinic.

I believe that the medical activity of A.A. Polishchuk does not meet the high requirements of a medical worker, and also violates the patient’s rights guaranteed by the Federal Law on the Fundamentals of Protecting the Health of Citizens. As a result of an incorrect diagnosis, the disease was not detected in time, a course of treatment was not started, and the patient’s health deteriorated, when the adoption of quick response measures may have minimized the consequences of the disease.

I ask you to check the facts stated in this complaint and involve A.A. Polishchuk. to liability for violations in professional activities. Inform the applicant about the measures taken.

1. Copy of extract dated September 21, 2016
2. Copy of the doctor’s report dated 10/06/2016.

Complaint against a doctor, features of drafting

The basis for filing a complaint against a doctor is an incorrect diagnosis, incorrect treatment, refusal to provide medical care or untimely provision of it, deterioration of health, rudeness and inattention. The basis for filing a complaint against the doctor and the prosecutor’s office is also damage to health, negligence, or concealment of circumstances affecting the health or life of the patient. It is advisable to confirm the document with evidence: extracts from the medical history, a copy of the outpatient card, the conclusion of another doctor, etc. And if you intend to file a claim for compensation for damage to health, you must file a statement to initiate a criminal case and request the appointment of a forensic medical examination.

If the reason for filing a complaint against a doctor at a commercial hospital is the intention to recover previously paid funds, then it is better to prepare not a complaint against the doctor, but a pre-trial claim (a copy of which must be attached when filing a statement of claim). And then file a claim for consumer protection. In such cases, a complaint against a doctor will only attract the attention of managers to check his activities.

When can you complain?

A complaint against a doctor that is filed with the prosecutor’s office has one peculiarity - it concerns only a violation of the patient’s civil rights. Therefore, if a complaint against a doctor contains a negative review only about the service, then the prosecutor’s office will not consider such a complaint.

It is important to note that a healthcare professional has a number of responsibilities and is limited by various work standards. Thus, the range of topics for complaints related to violation of civil rights is quite large.

The most striking example is the disclosure of medical confidentiality. In the event that a doctor told a third party the patient’s diagnosis and thereby caused problems and difficulties to the citizen, then this will be a classic case of violation of the patient’s rights. It is precisely such a case that is the reason for contacting the appropriate authority.