In what cases can you sue a dentist for medical malpractice?

A dentist is a doctor whom no one can avoid meeting. Teeth will sooner or later need “repair”.

But what if the new filling falls out after a month or you have the wrong tooth pulled out? According to experts, patients are very often dissatisfied with the work of dentists. But, as a rule, things don’t go further than complaints to friends and acquaintances. But you can protect your rights! How to do this correctly? Narrated by Dmitry Lesnyak, lawyer at the Consumer Rights Protection Society .

Most Russians go to state clinics for dental care. If treatment is free, then complaining about poor quality is pointless, many patients think. But that's not true. There are several rules that will help ensure the provision of quality services.

Procedure for filing a complaint

If a conflict situation arises, the patient must know the exact algorithm for further actions, including:

• a complaint to the hospital management, indicating the requirements and deadlines for their satisfaction;
• if there is no response to the complaint, a complaint is filed and sent to higher authorities;
• If we are talking about compensation for moral or material damage, a statement of claim is prepared in court.

A legally competent complaint is 50% of the successful resolution of the situation. There is no unified form of the document. When drawing up, it is important to take into account the main points and rules applicable to such documents. The standard version of the complaint includes the following information:

• name of the institution to which the application is submitted, full name of the official, location;
• complete and reliable information about the applicant (full name, address, telephone number for feedback);
• factual and subjective statement of the situation that occurred;
• indication of illegal actions, violations of the law, medical ethics;
• the requirements put forward;
• list of documents attached to the complaint;
• date of preparation and signature of the applicant.

The complaint is drawn up in two copies if it is submitted in person:

• one copy is sent to the address;
• the second, with a note of acceptance, remains with the applicant.

If the papers are sent by mail, the letter is issued as a registered letter with notification. After submitting a complaint, you must save all receipts confirming this step.

Complaint against the actions of a dentist

Based on the above, I demand to return to me the cost of services provided in the amount of _________ rubles, the cost of medicines and consumables, as well as compensation for the cost of an additional operation in the amount of ___ rubles, and also to compensate me for the moral damage caused by suffering in the amount of ______ rubles.

How and to whom to write a complaint regarding treatment at the dentist. The situation in brief: on Monday I came to a private clinic with pain in the gum above the tooth, the tooth was removed (extreme 8 ka), when asked whether I needed to take medication, the doctor said that it was not required, at night my gum pain became much worse, the submandibular lymph nodes were swollen , the temperature rose, the next day I turned to the same doctor. Having examined the oral cavity and washed the socket of the extracted tooth, he said that everything was fine, this was a reaction to the extraction, while I warned the doctor that if something was wrong, let him tell me in advance, I informed about the upcoming trip, but the doctor said everything was fine, on Wednesday I it was painful to chew and swallow, I again turned to this doctor, he kept repeating to me about the immune response and that’s it, in the end, in another city on Friday I was urgently operated on (an incision was made along the lower part of the jaw, in the visible part) to remove a huge abscess, now I’m undergoing treatment after surgery, please tell me the text of the complaint and requirements. Thank you.

What documents may be required

Any officially filed complaint requires documentary evidence of the information and arguments presented in it. The standard package of papers that must be attached includes:

• an agreement for the provision of medical services concluded between the client and the dental clinic;
• treatment plan;
• extract from the medical record;
• certificate of completed work (if available);
• payment documents confirming payments between the client and the clinic;
• other documents relevant for the competent resolution of the situation.

Important! All documents are transmitted exclusively in copies. The originals remain in the hands of the applicant and can be presented at the request of a government agency or court.

Sample characteristics for a dentist

• 2007-2008 — MGMSU, internship, specialty “Therapeutic Dentistry.” Certificate.
• 2008-2010 — MGMSU, residency, specialty “Therapeutic Dentistry.” Identification, certificate.

Additional education:

• April 2013 - courses on “Artistic restoration of frontal and chewing teeth” at the dental clinic “Lilia Estet”, Kiev, Ukraine;
• September 2012 - 8th international congress and master class on innovative technologies in endodontics from VDW, Moscow.

• unselfishness;
• politeness;
• attentiveness;
• humanity;
• kindness;
• initiative;
• intelligence;
• intuition;
• communication skills;
• observation;
• reliability;
• persistence;
• independence;
• responsibility;
• decency;
• integrity;
• determination;
• independence;
• self-organization;
• restraint;
• risk appetite;
• restraint;
• courage;
• empathy;
• calm;
• tact;
• demanding of oneself and others;
• thoroughness;
• respect;
• confidence;
• ability to keep one's word;
• ability to concentrate;
• ability to plan work;
• ability to make decisions;
• equilibrium;
• perseverance;
• determination;
• humanity;
• honesty;
• emotional stability.

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Where can you file a complaint?

You can file a formal complaint about the dentist’s actions with the following authorities:

• chief physician;
• Department of Health;
• Roszdravnadzor;
• Prosecutor's office;
• Court.

To quickly achieve the desired result, a complaint can be submitted to several authorities at once. The court is the last body to which you can turn if an appeal to lower authorities does not lead to the desired result or you need to seek compensation for damage.

Complaint to the chief doctor

You should contact the chief physician of a medical institution if the actions or inactions of the dentist did not entail serious consequences for the patient’s health, and the offense is of a disciplinary nature (offensive behavior, violation of the procedure for receiving patients, etc.).

One should not expect global results from this kind of treatment. The maximum that the applicant can achieve is to reprimand the doctor. In rare cases, it comes to dismissing a doctor from the hospital. As a rule, the management of a medical institution tries to protect its doctors, not wanting to spoil the reputation and make the scandal public. If the clinic has extensive experience in the medical services market, then the issue will probably be resolved peacefully and the client will be offered several options for compensation for harm, for example, free examination, reimbursement of expenses, etc.

An appeal to the chief physician can be submitted orally or in writing. It is better if everything is documented. This will be useful in case you have to contact higher authorities.

The complaint form in this case will be standard and include the following points:

• information about the addressee and sender (name of medical institution, full name, addresses, telephone numbers);
• descriptive part - a statement of the essence of what happened, facts indicating a violation of the rights and interests of the applicant, references to legal acts;
• the requirements put forward;
• list of attached papers;
• signature of the applicant and date of preparation of the document.

The complaint is submitted in two copies and can be handed over personally to the chief physician during the appointment or sent by mail.

The same rules apply to complaints filed against dentists in private clinics. They bear the same responsibility for their actions and negligence towards patients as do doctors in public clinics. According to Government Decree No. 1006, paragraph 33 of October 4, 2012, Rospotrebnadzor is authorized to monitor the activities of private clinics and the doctors working in them.

How and where to complain about a dental clinic

Note!

The only effective mechanism for protecting the violated rights of dental patients is filing a complaint. The procedure and addressee for filing it will depend on where the poor-quality dental care was provided - in a private or public clinic.

If this is a private clinic, you must:

1. Send a free-form complaint to the clinic with a description of the problem and a reasonable time frame for solving it. If the clinic admits a violation, it is likely that the violations will be corrected and the damage will be compensated voluntarily, without the involvement of third parties.
2. If there is no reaction, contact the regional dental association. She will give a conclusion about violation of the standards for the provision of dental care.
3. At the same time, contact your local office of Roszdravnadzor.
4. Additionally, or if there is no response from Roszdravnadzor, the patient can contact the local prosecutor's office. It is a body for general supervision of compliance with legislation, and therefore is obliged to respond to any violations of citizens’ rights, including in the field of health care.
5. If there is a conclusion about the provision of poor-quality dental care, go to court to compensate for the damage caused. Request in writing that the prosecutor participate in the case. Since the clinic’s actions violated the rights not only as a patient, but also as a consumer, demand compensation for moral damages.

Complaint to Roszdravnadzor

The Federal Service for Surveillance in Healthcare, or Roszdravnadzor for short, upon receipt of a request has the right to inspect the dental institution or the doctor in respect of whom it was submitted, regarding the legality of the activities carried out and the quality of the medical services provided.

To apply, you must prepare the following documents:

• confirmation of a visit to a specific doctor (medical card, outpatient card, extract from the registry, etc.);
• the results of a medical examination indicating the fact of poor quality treatment;
• medical reports, prescriptions;
• other documents.

You can send an appeal to this authority:

• by mail, to the main office of the service or to the territorial representative office;
• by handing over documents personally to the office of the institution;
• via electronic appeal, through the official website.

The fastest and most convenient way is to apply electronically. To do this you will need:

• go to the main page of the site in the section and select the type of request:

• in the proposed form, fill in all the necessary information about the applicant and enter the text of the appeal;
• attach the required package of documents;
• enter the verification code and click on the “send” button.

For additional reference information and advice, please call: 8,.

Complaint to the Russian Department of Health

Any interested person has the right to file a complaint against the doctor with the Department of Health of the Russian Federation. The department, like any government body, has regional offices that citizens can contact at their place of residence.

Options for filing a complaint:

• by sending a letter by mail;
• apply through the electronic reception;
• by calling the hotline;
• come to a personal reception during the office hours of the head of the regional department of the department.

The complaint for appeal is drawn up according to the standard form. In order for your application to be considered faster, it is better to submit documents through the electronic reception:

• on the official website, go to the “citizens’ appeals” section (“public reception”);
• fill out the form by filling in all required fields;
• attach documentary files;
• select the country/region of circulation;
• option to receive a response;
• check the box indicating that you are familiar with the procedure for receiving and considering applications;
• Click on the “send request” button.

According to Federal Law No. 59, Art. 12 of 05/02/2006, the period for consideration of a received complaint is 30 days. If there are objective reasons, the period may be extended, of which the applicant is notified in writing.

Complaint to the prosecutor's office and court

Appeal to these government bodies is permissible in the following cases:

• identification of serious offenses on the part of the doctor;
• if the applicant has a goal to compensate for the harm caused;
• it is necessary to bring the doctor to administrative or criminal liability.

In this case, it will not matter on what basis the dentist provides services - for a fee or within the framework of a public medical institution.

The powers of the prosecutor's office to consider incoming complaints and appeals from citizens are specified in Federal Law No. 2202-1, Art. 10 of January 17, 1992. The right to trial of citizens is enshrined in the Constitution of the Russian Federation, Art. 46 of December 12, 1993

To contact these authorities, you will need to prepare a strong evidence base, which includes:

• medical examination reports;
• contract for the provision of medical services;
• audio, video recordings;
• witness's testimonies.

In court, the patient has the right to claim compensation for harm (Articles 151, 1085-1087 of the Civil Code of the Russian Federation).

You can file a complaint with the prosecutor's office and the court at the same time. The authority is selected based on the territorial principle - at the location of the medical institution.

Sample complaint against a dentist

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Answers to frequently asked questions

Question: Where can I file a complaint against a dentist?

Answer: You should file a complaint with the regional office of Roszdravnadzor, Rospotrebnadzor, since medical services fall under the Federal Law “On the Protection of Consumer Rights,” as well as with the Department of Health.

Question: Does it make sense to contact Roszdravnadzor if you need to return money for poorly provided medical services?

Answer: This body is not authorized to collect compensation. His department is only responsible for conducting inspections and issuing orders. All monetary issues can be resolved only by appealing to a judicial authority, with evidence of the doctor’s guilt and poor quality of services provided by him.

Patient rights in dentistry

In accordance with the provisions of the Consumer Rights Protection Law (CPL), the dental clinic:

1. Bears responsibility to clients to the extent and in the manner prescribed by law and the contract for the provision of services.
2. Compensates for losses to the patient caused by the actions of the institution’s staff and pays a penalty.
3. Fulfills obligations to the consumer in accordance with the contract.

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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.