It sometimes happens that a relationship cannot be formed between a doctor and a patient. And visiting the clinic in this case is much more complicated. The reasons for this may be different. You need to know how to write a complaint to the doctor of the clinic. A sample and nuances of writing are presented in the article.
Legislation
In Art. 41 of the Constitution of the Russian Federation, the provision relating to the exercise of the rights of citizens to receive free medical care is indicated. When compiling a complaint against a doctor, one should refer to the articles of the Criminal Code of the Russian Federation, which provide for liability for the following acts:
- Serious damage to health due to careless actions of a doctor (part 2 of article 118).
- Violation of sanitary and epidemiological rules that led to an epidemic outbreak (part 1.2 of article 236).
- Negligent attitude to obligations that led to major damage (art. 293).
- Distortion or concealment of information related to the life and health of citizens (part 1 of article 237).
These provisions can be used not only in pre-trial proof of guilt of an official, but also in court proceedings. In this case, prepare the evidence base in advance. In addition to violations of the patient’s rights to improperly provide services, one can appeal against the actions of medical personnel related to intentional overstatement of the services provided. To prove this fact, you need to save payment documents for the entire duration of treatment.
Causes
A complaint about the actions of the doctor of the clinic can be filed because of:
- disclosure of medical confidentiality;
- refusal of help;
- medical assistance is not in full;
- erroneous diagnosis;
- errors in treatment;
- negligence;
- refusal to admit a patient;
- rudeness and rudeness of the health worker;
- the imposition of paid services;
- worsening after treatment.
These are legal grounds for submitting a document. At the same time, the complaint against the doctor at the children's clinic and the adult is no different. Whatever the problem, the patient has the right to defend his rights. How to write a complaint to the head doctor of the clinic? The sample in force in most organizations is presented above.
Responsibilities of the medical staff
The list of duties of a doctor depends on the specialty, but there are common ones for everyone:
- Performing an examination, interviewing patients.
- Establishment of a preliminary diagnosis.
- Direction to research.
- The final diagnosis.
- Prescribing treatment or transferring the patient to a specialist.
- Monitoring the progress of treatment or conducting surgical treatment.
- Supervising the patient during his stay in the hospital or on outpatient treatment.
- Fixing observations in the map, issuing sick leave.
- Providing recommendations on the treatment and prevention of complications.
- Accounting for a patient with a chronic illness or monitoring his condition.
These are the main responsibilities of a specialist. Depending on the specialty, the doctor may perform other work. In case of any violations, the patient may file a complaint.
Doctor's qualities
This is a profession that you should go to by calling. The doctor should have some qualities that allow you to perform quality work. These include the presence of:
- keen mind and ability to analyze;
- good memory;
- the ability to quickly make decisions and take responsibility for the consequences;
- stress resistance;
- humanity and sympathy;
- tact;
- communication skills with patients;
- patience and endurance.
A respected doctor should have altruistic tendencies. The need for medical services is not subject to a strict schedule - victims of personal time and plans are needed. If the doctor is incompetent or has violated any working rules, the patient has the right to turn to the clinic clinic with a complaint. There is also the possibility of contacting higher authorities.
Where to complain?
Who and where should I write if the doctor is wrong and there are reasons for complaining about him? You should first contact your boss. Usually this is the head of the clinic or department. Managers are subordinate to the head physician, who is considered the head of the hospital.
Each medical institution should have a stand with information. They indicate their full name the head, other responsible persons, numbers of offices where they receive, as well as days and hours of reception. If there is no stand, you can apply to the supervisory authorities regarding a violation of the law. A sample complaint about the doctor at the clinic may be required by the head doctor if the doctor violates the rights of patients.
Compilation
A sample complaint about a doctor at a clinic can be useful if you are rude, refused to make an appointment, and paid treatment is imposed. You should contact the manager. It is likely that an oral complaint will be enough to solve the problem.
Verbally, you need to calmly express your dissatisfaction. Do not raise your voice, it is important to control yourself. If you calmly explain the problem, the doctor can make a decision faster. In case of refusal, it is required to make a complaint and visit the head physician.
Compilation rules
How to write a complaint to a doctor in a clinic? There is a sample in every medical facility. The document usually describes the situation and the causes of the conflict. You should also use a generally accepted sample. How to write a complaint to a doctor in a clinic? The following rules must be followed:
- The statement is drawn up on a blank sheet of A4.
- Everything should be written in legible handwriting.
- It is necessary to briefly and clearly describe the essence of the problem.
- You need to handle in a businesslike and respectful style.
- The use of profanity is excluded.
- The problem must be described in detail, without emotion.
- Be sure to indicate the date of the visit to the doctor, claims, his advice, the causes of the conflict and other information that relate to the merits.
It is important to adhere to the sample complaint about the clinic doctor to the chief physician who acts in the organization. But generally accepted rules for compiling a document are presented below.
What does the document consist of?
All applications of citizens are accepted and considered. They can be written by hand or executed in the form of a printed document. How to write a complaint to a doctor in a clinic? A sample will help you do this correctly:
- Need an introductory part - a hat. It fixes the name of the body or institution to which the complaint is sent, as well as information about the applicant, including the address and phone number.
- In the center of the sheet indicate the name of the document. After the phrase "complaint about the doctor," you don’t need to put a full stop.
- The main part should include a short and clear statement of the essence of the appeal.
- The final part of the appeal includes the norms of laws that, in the opinion of the patient, were violated by the doctor, the essence of the requirements.
- At the end indicate the date and signature, a list of documents that are included in the application.
This is a common pattern of complaint about a clinic doctor. In order to have documentary evidence of the appeal, the complaint is made in 2 copies. One of them with the application is left in the clinic, and the other at the applicant with a mark of acceptance. The sample complaint to the head doctor of the clinic at the doctor in each institution may vary slightly. Therefore, it is worth clarifying before serving.
Appeal to the Ministry of Health
A complaint against a doctor at a polyclinic to a higher authority is drawn up when the head doctor of the institution did not respond to the complaint. You can submit a document in the following ways:
- Send a letter by mail of the Russian Federation.
- Complaints are filed via email.
- Make an appeal through the "Form for citizens' appeals" on the website of the Ministry of Health of the Russian Federation.
- You can make an appointment in person, as well as file a complaint.
- It is possible to call.
- The application is submitted to the local health department.
Whatever the application form, the complaint about the doctor of the clinic in the Ministry of Health must be considered within 30 days and give the answer in the manner indicated in the appeal. Appeals of citizens are considered on the basis of law No. 59. A sample complaint about the inaction of the clinic doctor will be the same as when contacting the head doctor.
To insurance company
Insurance companies that issue a compulsory medical insurance policy monitor the work of all medical institutions. All firms have a dedicated department that parses complaints that customers make.
You can complain to the insurance company if:
- there was an unlawful refusal of free treatment;
- imposed paid treatment;
- refused to register for a free reception;
- violated rights to receive free honey. services;
- incomplete or poor quality treatment.
You just need to call or notify about the refusal to provide medical services that are included in the list of free medical care. Also, the complaint may be about the poor quality of services. The insurance company must respond and audit the institution upon request. Moreover, the samples of complaints against doctors of polyclinics and hospitals are the same.
Appeal to the prosecutor
The prosecutor's office of the Russian Federation should check the work of medical institutions on the basis of appeals of citizens in case of violation of their rights. The supervisory work of this organization is carried out on the basis of the Constitution of the Russian Federation and the "Law on the Prosecutor's Office."
You can contact in person or via the Internet. To file a complaint, you should personally visit the prosecutor's office and write a statement. It is made up in free form. The following information is indicated in the application:
- Where the application is submitted.
- Who is the document.
- Facts of violation of rights.
If there is no possibility of a personal visit to the prosecutor’s office and preparation of the application, you can send the application by mail or file a complaint about the actions of doctors through the Internet. Complain to the prosecutor through email or website.
The statement is written shortly, clearly, without emotion. Please note that the number of characters in a message through an Internet reception should not exceed 2500 characters. The prosecutor's office must register the appeal within the time period approved by law. Then she checks and gives an answer according to the results.
After that, the prosecutor's office is able to send an appeal to the court, send a protest to the actions of an official. Another likely issue is a submission in which a list of violations and suggestions for their elimination is indicated.
To the police
If severe damage has been caused by the doctor’s action or inaction, consult a doctor. You must also apply if their actions fall under the articles of the Criminal Code of the Russian Federation. Police file a case with:
- damage to health;
- death of the victim;
- threats, extortion of money;
- insulting, threatening the reputation of the patient.
If unlawful actions qualify as an administrative offense, police officers initiate a case of administrative violation.
To court
All citizens of the Russian Federation have the right to appeal to court. This is guaranteed by the Constitution of the Russian Federation. Therefore, in case of violation of legal rights in a medical institution, you can apply to the court at the place of residence with a lawsuit. The statement indicates:
- name of court;
- circumstances of the conflict;
- violated rights.
The statement must be accompanied by evidence. This can be documents, extracts from the medical history, photos, videos. Still need evidence of witnesses who are able to confirm the circumstances of the conflict. The court usually goes if all the higher organizations did not help solve the problem.
Private clinic
There are many private clinics in Russia that provide medical services. There, a fee is charged for this work. At the same time, activity is also disturbed there, so patients have the right to file a claim.
The complaint against the doctor in this case is submitted to the same authorities. The claim for the quality of services is transferred to Rospotrebnadzor. The work of this body includes control over individual entrepreneurs and individuals performing paid services. This institution will check for violations.
Thus, all patients have the right to make a complaint about the work of a doctor. It is only necessary to draw up a complaint on the basis of which the audit will be conducted.
Through "Government Services"
In 2019, through the State Services portal, you can complain about an official or organization. But only a registered user can do this. As indicated, the reasons for writing complaints may be as follows:
- refusal to accept documents or provide services;
- violation of the terms of assistance;
- requirement to pay.
The following information is indicated in the electronic application:
- Indication of the service that led to the complications.
- Date of request for its provision.
- Name or address of organization.
- Name of employee complained of.
- Cause.
- Additional information.
- Confirmations.
- Requirements.
- Personal Information.
- Feedback Information.
When all the information is filled out, you must send an application. The answer must be received within 15 days from the date of sending the application.
Responsibility
Citizens who have encountered rudeness as a paramedic or illegal actions against patients are interested in not only the conflict resolution mechanism, but also the responsibility of an unscrupulous doctor. In the field of medical care, the punishments are divided on the basis of the reasons the perpetrator committed an act:
- disciplinary liability;
- administrative responsibility;
- civil law;
- criminal.
On the basis of the type of liability, the law approved various forms of liability. Under a criminal act, doctors may be deprived of their liberty for 1-4 years, and may be assigned to forced labor. There is still a risk of deprivation of the right to engage in professional activities for up to 3 years.
If the diagnosis is incorrectly determined, compensation for harm can be sought on the basis of Art. 1064 of the Civil Code of the Russian Federation. It must be paid by the medical institution where the offense occurred. Thus, filing a complaint with a doctor is the right of patients if they believe that their interests are infringed.