Where to complain about a dental clinic

Home / Complaints / We file a complaint against the dentist: features of this procedure

Dentist mistakes are threefold unpleasant - it spoils the aesthetic appearance due to poor work, unpleasant and difficult-to-bear pain occurs, and the expensive service turned out to be of poor quality and another visit to the doctors is necessary. If the clinic does not admit guilt, refuses to correct the error free of charge and compensate for the losses incurred by the client, the institution can be held liable for violating consumer rights.

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.

Paid material and moral damages do not relieve the dental clinic from fulfilling its obligations to the client, which are specified in the contract for the provision of services.

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.

General information about the features of writing a claim for poor quality services is described in this article.

Complaint to Rospotrebnadzor

Control over the activities of private dental clinics and independently practicing dentists is entrusted to Rospotrebnadzor - the Federal Service for Supervision of the Welfare of the Population and Protection of Consumer Rights (RF Government Decree No. 1006, paragraph 33).

Based on Federal Law No. 2300-1, this regulatory body is authorized, upon receipt of a complaint, to organize an inspection, draw up a conclusion on the violations identified and bring the culprit to administrative responsibility.

You can file a complaint with Rospotrebnadzor:

• in writing (with registration through the reception or by registered mail with notification);
• in electronic form through a virtual reception.

It is important to know: to file an electronic complaint, you must log in to the Unified Identification and Logistics Authority.

What documents will be required

Regardless of the method of filing a complaint, it is recommended to attach a document confirming the fact that you received treatment from this specialist/in this clinic (service agreement, medical card, cash receipt, etc.)

A guarantee of holding an unscrupulous dentist accountable is the conclusion of an independent medical examination (can be done at the territorial body of Roszdravnadzor).

Where should I complain?

For violation of consumer rights, the patient can file a complaint with Rospotrebnadzor . Its territorial divisions are located throughout the country. But since the clinic is a medical institution, a complaint is submitted to both the Ministry of Health and the Regional Department of Health.

If the clinic’s actions have resulted in a serious deterioration in health, an application is also submitted to the prosecutor’s office. This body, as well as the police, is contacted if threats are received from dentists or their representatives, or if their actions show signs of fraud or another crime.

Contacting the head doctor

In normal situations, it is recommended to start disputes with a dental clinic by contacting the head doctor. The head of a private institution is not interested in disseminating information about poor-quality services provided by his subordinates for the following reasons:

• This will alienate customers;
• Will reduce the income of the business entity, which is the clinic.

The head physician will take measures to resolve the dispute out of court, without involving regulatory authorities. The head of a government institution is less worried about the clinic’s income, but is afraid of inspections by the Ministry of Health, Roszdravnadzor, the prosecutor’s office and other departments and bodies. Therefore, he is interested in resolving the conflict without taking it outside the institution.

Roszdravnadzor

If contacting the head physician does not bring the expected result, you need to contact regulatory organizations. One of them is Roszdravnadzor. He considers complaints from patient clients about violations of the medical staff of the dental clinic.

You can contact us in the following ways:

• Send a letter by mail;
• Leave a complaint through the official website of the organization;
• Send a fax with the appeal;
• Make an appointment with the territorial body of Roszdravnadzor.

Within three days, a complaint is registered and a decision is made to conduct an inspection. Based on the results of consideration of the application, the applicant is informed within 30 days, excluding postage.

Where to file a complaint about a dental clinic

A person who receives treatment in a public or private dental clinic expects to receive quality care. But in some cases, treatment is not only ineffective, but can also worsen the patient’s condition. To restore their rights, a person can file a complaint against the clinic.

It must be remembered that an employee of a state dental clinic is obliged to provide free treatment to the patient who applies and has no right to refuse assistance. By not fulfilling the obligation, the doctor thereby violates the rights of the patient who contacted him, which must be stopped in the prescribed manner.

Note!

If the current situation was of an ethical nature and did not cause serious harm to the health and well-being of the patient, you must file a complaint with the head physician of the clinic.

An appeal of this kind does not compensate for the patient’s wasted time and nerves, and the maximum that can be expected in such a situation is a reprimand to the doctor. But, if the doctor is already on the list of unreliable ones, the consequences for him after filing a complaint can be much more serious, including dismissal.

A complaint to the head physician must be submitted in writing or orally. But if a person is determined to receive compensation for damages and continue the proceedings, it is recommended to record the fact of the appeal. To record the fact of the complaint, you should write the paper in two copies, one of which you should keep. There are no strict rules for drawing up a document; the essence of the issue should be presented in a business style. In the header of the appeal, you must indicate the full name of the institution, indicate to whom and against whom the complaint is being filed, write down the details of who is filing the appeal. The main part sets out the essence of the appeal. At the end there is a date and signature.

We write an application to the dental clinic

It is recommended to submit a written appeal regardless of whether the patient plans to go to see the head physician or not. In the first case, the presence of a competent written statement will demonstrate to the head of the clinic the serious intentions of the client, forcing him to satisfy the requirements or look for a compromise option.

In the second case, if a meeting with the head physician is not expected, a written statement is the only way to convey your dissatisfaction and complaints to the institution. You need to submit it :

• Through the secretary of the head physician, so that on the second copy he puts the signature and date of receipt, the seal of the institution;
• By recommended letter by mail with a list of attachments.

Sample

In order for the appeal to take the form of a claim or an official statement, it must indicate the exact name of the addressee and its location in accordance with the Unified State Register of Legal Entities. The patient must indicate his passport details, including the place of temporary or permanent registration.

The absence of the sender's data or an error in it gives a formal reason to consider the application anonymous, and therefore does not oblige you to respond to it.

To avoid inaccuracies, it is recommended to call the document a complaint, statement or claim. The following describes the circumstances of the appeal, what the violations and claims are.

The document is available for download

How to complain about a dentist

To restore their rights, a citizen has the opportunity to write a complaint to several authorities, depending on the severity of the situation and the damage to health suffered. The easiest way to restore justice is to contact the management of the medical institution.

Note!

Management must consider the appeal and take action against the employee, decide whether the employee is guilty or innocent in the current situation.

After considering the appeal, management must provide a written response to the appeal. If the patient is unable to resolve the issue in this way, he can contact the Ministry of Health; there are branches in every administrative district. You can file a complaint in person, send a document by mail or email, or leave a complaint on the official website. After checking the application, the citizen will receive a written response. In accordance with the law, a response must be given within thirty days from the date of filing the complaint.

If the fact of the appeal was related to a violation of the law, for example extortion, the complaint can be sent to the prosecutor's office. The time frame for conducting the check and providing a response is similar to that specified in the previous paragraph. A citizen has the right to defend his rights in court; accordingly, he can file a claim in court.

Note!

A complaint against a doctor can be sent to the police. But for this it is necessary that the doctor’s actions were illegal or there was intentional harm to life and health.

Trial

If complaints and statements to the clinic and the authorities monitoring its activities do not lead to the expected result, all that remains is to go to court. The following must be attached to the claim :

1. Agreement with the clinic.
2. Documents supporting the examination and its conclusions.
3. Applicant's identity card.
4. Checks and receipts for payment for the services of the clinic, expert and state fees.

The peculiarity of such cases is that without the expert’s conclusions the court will not make a decision. If the clinic presents the conclusions of the specialist it hired, the judge is forced to call both experts, listen to them and take the side of the one who was more convincing. Another option is that the examination is ordered by the court, and a decision is made based on its results.

You can also learn about how to write a claim for consumer protection by reading here.

How to sue a dentist

If an appeal to the management of a medical institution did not have the desired effect, and as a result of the doctor’s actions, harm to health occurred, the patient has the right to file a statement of claim in court.

The claim must indicate the full name of the judicial body to which the complaint is being filed, and indicate the details of the plaintiff and defendant. The complaint itself should indicate which particular rights of the citizen were violated, and evidence of the violation should be attached to the claim. Such evidence may be photographs, video material, survey results and other documents confirming the fact of the offense. Also, the testimony of witnesses, if any, can be used as evidence.