We all know how matters stand with medicine in theour country. The image of the hamovat nurse and not particularly trustworthy doctor has already eaten into the heads of the inhabitants of the post-Soviet space. But if rudeness is only the tip of the iceberg and something happened that can not be left without attention? Where to complain about doctors? And officially, and preferably - with retaliatory actions? It is the answer to this question that we will consider in as much detail as possible in this article.
Nonprofessionalism must be eradicated. So if it was noticed, you should immediately ask yourself how to write a complaint to a doctor to do it correctly and profitably.
Many people prefer to leave everything as is. Others just do not know where to complain about the doctors. But the law gives every citizen this right.
To begin with, consider cases in which you can file a complaint with a doctor.
Work in the field of medicine is closely related tomoral and ethical norms. This means that rudeness and rudeness are unacceptable for the doctor. The duties of representatives of this profession include not only treatment, but also the prevention of diseases, as well as the promotion of a healthy lifestyle.
The activities of the doctor are carried out in the interests ofpatient, under what, among other things, is understood medical secret, help and responsibility. If any of these points has been broken in any way, the question of where to complain about doctors becomes very relevant.
Specify the reasons for writing complaints:
Dealing with any official documents(and complaints are also included in their number, if they are correctly drawn up), one should refer to legislative acts regulating their compilation, acceptance, etc. How to write a complaint to a doctor correctly if you do not know the legislative base?
Basic human rights in relation to medicalare specified in the forty-first article of the Constitution of the Russian Federation. Besides, when touching a moment when the doctor's duties are not fulfilled, in his complaint a citizen can refer to articles from the Criminal Code, which obviously implies the involvement of the medical worker in criminal liability.
What specific articles of the Criminal Code are involved, if a complaint is made about the actions of doctors?
Depending on the content of the complaint, the originatormay refer to one or more of these articles. Moreover, this legislative base can be used both in the pre-trial order and during the trial directly by the court. Forewarned is forearmed! Does everyone remember the proverb? In this case, this means the council is prepared in advance and "armed" with knowledge of their rights and duties of medical workers.
Let's return to the question, where to complain about the doctors.There are several suitable instances, in each of which it is possible (and sometimes just necessary!) To address immediately, without wasting time and nerves on empty arguments and discussions.
Structure of the medical, as, in general, and anyanother state, the structure is hierarchical. Ministry of Health of Russia, by the way - the highest step of this ladder. Handle complaints with an upward, starting with the bottom step.
We figured out where to complain about the doctors from the polyclinic / hospital / any other medical institution. But you also need to know how to properly file a complaint.
In all four cases, an officialdocument, and the same official response is expected. The time for consideration of a complaint is usually within a month. If the document does not specify the form of the answer, it will be the same as in which the request was submitted.
Of course, I want to believe that the main problemonly in where to complain about the doctors. But in fact, it is not yet a fact that the appropriate authority will respond (although it should). In this case, the documents are transferred to a much more serious body that oversees the state authorities and their work, namely, the prosecutor's office.
The submission of an application to the prosecutor's office is a legal right of a citizen, but such a complaint will already be submitted first of all to instances that did not want to respond to complaints against the doctor / s.
Reflecting on where to complain about the childdoctor or any other medical officer, it should be remembered that the document must be prepared in accordance with all requirements. Complaints are inherent in their own rules that need to be respected.
Which ones are listed below:
As already mentioned in this article, be sure toIt is necessary to make two identical copies of the complaint, and one of them to leave at itself. Usually such documents do not exceed two pages of printed text. This volume is enough to describe everything in essence, after all, emotionally colored complaints should be avoided.
Style and principle require specification - surnames,facts. The complaint must be filed against a person who violated this or that article of the Criminal Code. It is inappropriate to write a document in which the whole hospital or even the health care system in all mortal sins will simply be accused.
Below is an example of a complaint about organization in court. These are the "serious actions" that were mentioned in the article.
District court of the city (name)
(full address - city, street, house)
Respondent: (full legal name of the institution),
STATEMENT OF CLAIM
to terminate the service agreement, as well as payment of forfeit and compensation for moral damage
June 19, 2015 in a medical institution for which an application is being filed, a metal-ceramic seal was placed on the upper tooth for me at the address (address). The service was paid in full in the amount of 13 000 rubles, also it was guaranteed for a period of up to one year.
November 18, 2016 I was compelled to turn again to (the institution), this time with a complaint: obvious seams, spots, and form began to be lost on the filling. In total, the guarantee coupon did not provide, and its term has not yet ended. I asked the defendant to conduct the medical service again and to eliminate the above-mentioned deficiencies free of charge.
(Institution) responded with a refusal, arguing thatthe fact that I violated the conditions of operation of the seal. The color change was explained by such drinks as coffee, tea and wine, and the change in shape - solid food (for example, nuts). The defendant also referred to the internal document of the institution signed by the head physician: (the full name of the documentation indicating the date of its signing), which lists the above-mentioned possible reasons why the seal may be damaged before the guarantee expires.
However, according to Art. 4 of the Consumer Rights Protection Act, the performer is obliged to provide the consumer with a service whose quality corresponds to the contract. If there is a document that imposes certain conditions on the service, the performer undertakes to notify the consumer about them.
When I signed with (name of institution)agreement on the provision of services, it indicated my wishes for the closest possible color of the seal in relation to the rest of the teeth. The request is duplicated in my medical record.
Proceeding from paragraph 3 of Art. 724 of the Civil Code of the Russian Federation, the customer of the work (services) has the right to file claims related to deficiencies in the result of the work (service), if they were identified before the end of the guarantee. Under this law, I have the right to demand either free repeat treatment, or reimbursement of material assets (in the form of losses or expenses for the elimination of shortcomings).
Also, since the respondent violated the deadline for responseactions, I demand payment of a penalty in the amount of 3% of the service price for each day of delay. Considering that in my claim of November 18, 2016, I gave the defendant a period of five calendar days for re-medical services, but to date it has not been made, the period of delay is 85 days. Hence, the penalty will be 11,800 rubles.
The answer to my claim was an internal document(the institution and name of the document), with which I was not acquainted when drafting a contract for treatment. This violates clause 2 of Art. 12 of the Consumer Protection Law, according to which the defendant was obliged to provide me with complete and reliable information about the service. Under the same law, if the performer did not do this, he himself is responsible for the consequences.
Since (name of institution) to the presenttime has not responded to my demands, I have to experience discomfort due to the loss of the seal of the original destination. Therefore, I also demand compensation for moral damage of 25,000 rubles.
Proceeding from the foregoing, I ask the court:
1) on termination of the contract of June 19, 2015;
2) on recovering from the defendant compensation for the cost of services, forfeit and compensation in the amounts specified in this application (13 000 + 11 000 + 25 000 = 49 000 rubles).
February 21, 2016 / (the plaintiff's behalf) / (signature of the plaintiff).
Also it is worth remembering that for help in writing a complaint you can contact any legal representative. There are also companies that provide similar services.
Do not be ill!