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How to properly file a complaint

An appeal to the Federal Service for Surveillance in Healthcare is submitted if the consumer of medical services has doubts about their quality and safety. Also if the services do not comply with sanitary and epidemiological rules and regulations.

The application is written in free form in compliance with generally accepted standards when drawing up official requests and appeals to government agencies and bodies. When writing an application by hand, the handwriting must be legible, the paper size must be A4.

It is better to submit the complaint in printed form. The text of the appeal should not contain swear words or insults.

Remember! The application cannot be anonymous, since Roszdravnadzor must respond to the applicant based on the results of consideration of the application.

The complaint must contain the following points:

full name of the local unit of Roszdravnadzor, which is located at the applicant’s place of residence;
information about the applicant: full name, address, telephone number, email;
statement of the circumstances of violation of legislation in the field of healthcare. The text is written in an official business style, the events that occurred are described in order, all essential details are indicated, such as dates, contract numbers, and so on. Next is the patient’s claim (for example, incorrectly prescribed treatment, incorrect diagnosis). The claims are supported by references to legal acts.
Documents and other materials serving as evidence are attached as attachments to the text of the complaint. Examples of applications: receipts for payment for medical services provided, a patient’s medical record, payment receipts from a pharmacy, sick leave certificates, medical examination results. A large amount of evidence increases your chances of having your complaint upheld;
the pleading part. Here the applicant indicates what actions he expects from government supervisory authorities;
date of filing the complaint, signature of the complainant and full name.

Based on the results of consideration of the application, Roszdravnadzor will send a response to the applicant to the specified address.

You should be careful when compiling your list of applications. Evidence is required for both written and oral applications. Documents and other materials containing confirmation of the facts stated in the complaint must be numbered and attached to the appeal itself.

The following documents must be attached to the application to serve as evidence:

a certified copy of the agreement between the medical organization and the patient for the provision of medical services;
payment documents – payment receipts, checks;
if a medical and social examination was carried out, it is necessary to provide the commission’s conclusion, this will confirm that the patient has suffered damage from the actions of medical workers. If you are not satisfied with the commission’s conclusion, then you can submit a complaint to the ITU bureau itself.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Features of filing a complaint

If a complaint is filed against a state or municipal hospital, Roszdravnadzor specialists themselves will request the case materials and make extracts from the medical record. If such documents are on hand, they can be immediately attached to the application. When filing a complaint against a pharmacy, you must attach a copy of the prescription issued by your attending physician. If you need to appeal against violations by a private clinic, the injured person will have to submit all supporting documents independently.

The list of evidence that can be referred to during an appeal is not limited by law. The patient may refer:

for written evidence, correspondence with the hospital, certificates of incapacity for work, and other documents;
on electronic forms (for example, if an appointment with a doctor was made via the Internet);
for material evidence, audio and video recordings (if the citizen can confirm when and under what conditions they were made).

When filing a complaint against ITU regarding a refusal to determine disability, you can submit an independent medical expert opinion. A similar document can be submitted if you are filling out a complaint about the removal of disability (a sample can be downloaded here).

If a person had to turn to other specialists or use paid services to restore their health, these expenses can be compensated. Roszdravnadzor has the right to conduct inspections on these issues, and a positive decision on the complaint will be the basis for payment of compensation. For example, when filing a complaint against a dental clinic or a dentist, you can attach an agreement for paid services if they were needed to eliminate poor-quality treatment.

Where to file a complaint

You can complain about the actions of a specific physician or staff member directly to the director of the medical organization. If sanitary standards are systematically violated in an institution, and the administration does not respond to this, you should contact Roszdravnadzor.

You can contact the police or other law enforcement agencies regarding issues of corruption in healthcare (extortion of bribes, kickbacks and gifts).

If the subject of the complaint is the negligence of medical personnel, then the application is submitted to the regional Ministry of Health, Roszdravnadzor, and the prosecutor's office. Refusal to provide medical care under a compulsory medical insurance or voluntary health insurance policy is a reason to contact the insurance company.

If a service is included in the compulsory medical insurance list, state and municipal health care institutions should not require payment for it.

They go to court if the patient’s health has been damaged.

What information constitutes medical confidentiality?

Read here what to do if doctors are rude.

How to file a claim for compensation for material damage, read the link:

Important! Before filing a claim in court, you should go through a pre-trial conflict resolution procedure. It involves sending a claim to the administration of a hospital or any other healthcare institution with demands to voluntarily compensate for the damage caused. If the medical organization has not responded or has exceeded the response deadline, then you can file a claim.

Other ways to contact Roszdravnadzor

To clarify the information of interest, citizens can visit the official website of the department: roszdravnadzor.ru. The resource has an online reception area where you can select the type of complaint and create an appeal. Feedback and suggestions are sent by email. You can also send a message to the help center through your personal account. Response time is 5-10 days. Applications are considered on a first-come, first-served basis.

Website

The official website of Roszdravnadzor allows you to submit an appeal to the help center. In the form you need to indicate contact information, region of residence and describe the problem in detail. If a violation is detected, it is best to attach a video or photo, so the application will be reviewed faster:

roszdravnadzor.gov.ru/

Email

Complaints and suggestions, as well as the following questions, are addressed by email:

What to do if pharmacies inflate prices for essential drugs?
What coronavirus prevention measures are in place?
What to do if the ambulance refuses to take you to the hospital?
What to do if medical care was provided untimely?
What drugs are used in hospitals?
How to get a prescription for medications?
Where is the department's territorial office located in the city of residence?
How does the “Selective Control” service work (roszdravnadzor ru services vk ais)?

Address for inquiries:

[email protected]

Personal Area

Your personal account allows you to send an electronic appeal to the main department or territorial department. Users will also receive notifications about the progress of the complaint. Authorization is carried out using the State Services service:

gosuslugi.roszdravnadzor.ru/

The Roszdravnadzor telephone number is available around the clock. Each subject of Russia has a territorial health department, which has helpline numbers for consultations. If necessary, you can send a letter by email.

Application methods

The application can be submitted to the following departments of Roszdravnadzor:

to the Roszdravnadzor unit in the constituent entity of the Russian Federation where the applicant lives;
to the local division of Roszdravnadzor in the city or municipality;

Options for filing a complaint:

via mail, including email;
fill out an online form for citizens to apply on the official portal of Roszdravnadzor;
during a personal visit to the department. If the patient himself visits Roszdravnadzor, he can leave a complaint orally.

The appeal must be registered and accepted for consideration no later than 3 days after its submission.

How can I file a complaint with Roszdravnadzor?

Since Roszdravnadzor is a government department, you can file complaints in the following ways:

Personally	You need to go to the Roszdravnadzor department for an appointment.
By mail	Documents are sent by registered mail with notification.
Electronically	The application is submitted online through the department’s website, the government services portal.

Attention! There is a hotline on the department's website where you can complain online. If the subject of such a complaint is a violation of the patient's rights, an inspection will be carried out and the complainant notified. Received requests and complaints are considered within 30 days.

Verification of the applicant's arguments may include:

in a request for information and documents from a hospital or doctor;
in on-site inspections and other events;
in issuing referrals to the applicant for repeated or additional examinations;
in the direction of documents under jurisdiction (for example, if the grounds for initiating a criminal case have been established).

Patients' rights are restored by providing a written response. In it, Roszdravnadzor specialists are required to indicate what response measures were taken against the perpetrators, and whether an order was issued to eliminate the violations. The department’s response can be used when contacting the clinic again to file a claim in court for compensation for harm.

Functions of Roszdravnadzor according to the law

The main activity of Roszdravnadzor is the implementation of state control in the healthcare sector. The agency monitors the quality and safety of medical services provided in the Russian Federation.

Roszdravnadzor inspection items:

monitoring compliance with the rights of citizens of the Russian Federation in the field of healthcare by regional and federal authorities, local governments, commercial medical organizations, insurance companies, and so on;
compliance by medical institutions with the norms and regulations for the provision of medical services and the sale of medical products;
control of the activities of pharmacies, pharmaceutical workers and warehouses of medical supplies. Monitoring compliance with the rules for the sale of medicinal products;
ensuring internal and external control of the quality and safety of medical services provided in medical institutions in the Russian Federation;
monitoring the situation on the drug market;
payments to honorary donors of the Russian Federation;
inspection of mental health facilities;
tracking the availability of vital drugs in healthcare institutions and pharmacies, as well as prices for these items on the market.

Reasons for submitting a document

Please note! When to file a complaint:

the results of treatment are not satisfactory to the patient;
the patient’s rights were violated in the process of providing medical care;
the norms and rules for the provision of medical services were not observed;
the rules for the sale and use of medicines were violated;
payments under the “Honorary Donor” programs were calculated incorrectly, etc.

If the above rules were violated by a specific medical employee, then a complaint can be filed with Roszdravnadzor against him personally. The result of consideration of such an application, if it is satisfied, is measures against a specific person.

But most often they complain to supervisory authorities about the entire medical organization at once. Inaction of doctors, negligence, poor-quality medical services - all these are grounds for filing a complaint with Roszdravnadzor.

Watch the video. Where to complain about negligent doctors:

The result of consideration of the complaint on the merits

In the process of conducting a scheduled or unscheduled inspection of a medical organization, document flow, the quality of medical services, and the legality of the medical institution’s economic activities are studied.

If violations are detected, the administration of the medical organization receives an order from Roszdravnadzor employees with demands to eliminate the violations. If the violations have signs of a crime, the documents may be sent to the prosecutor's office.

Note! For failure to provide citizens with information about receiving medical services within the framework of the state medical assistance program, a penalty is provided, the amount of which ranges from 10 thousand rubles to 30 thousand rubles.

If Roszdravnadzor employees violated the law, or the results of the inspection did not satisfy the applicant, he can go to court.

Drawing up a statement of claim

The statement of claim must contain the following parts:

full name of the court to which the claim is filed;
information about the plaintiff: full name, residential address;
information about the defendant – in case of provision of medical services, the defendant is a medical organization;
amount of claims in rubles. In addition, the losing party bears all legal costs;
a complete statement of the circumstances of the case without obscene language, slang and insults. It is necessary to indicate what medical service or services were provided. The text must contain references to laws and other regulations, the provisions of which were violated;
list of applications;
document confirming payment of the state fee for filing a claim;
date of filing the claim, signature and transcript of the plaintiff’s signature;

The evidence base for filing a claim must be solid. Any documents related to the circumstances of the claim must be collected and attached to the application. The more evidence, the greater the chances of winning in court.

Possible applications:

results of medical examinations and procedures;
referrals for examinations;
medical prescriptions;
witness's testimonies;
patient chart and medical history;
other documents confirming the validity of the plaintiff’s claims and the veracity of the information presented in the claim.

Patient's rights

Article 41 of the Russian Constitution guarantees all citizens of the Russian Federation the right to receive medical care in state and municipal medical organizations on a free basis.

All citizens of the Russian Federation can choose their own medical organization that will provide them with medical services. This right is enshrined in the Order of the Ministry of Health of the Russian Federation dated April 26, 2012 No. 406n.

To change your medical organization, you need to submit an application to the appropriate healthcare institution. The following must be attached to the application: SNILS, health insurance policy, passport of a citizen of the Russian Federation).

All services provided in medical organizations must be of high quality. Before carrying out any medical intervention, medical facility staff must obtain written consent from the patient. If, as a result of the actions of the staff of a medical institution, the patient’s health was harmed, he has the right to compensation for the harm caused.

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