We need to know the reaction of the management of the medical institution
The first and easiest way to talk about the situation and restore justice. You can choose your immediate supervisor (for example, the head of a department) or the head of a medical institution (most often the chief physician) as the addressee of the complaint.
What should the reaction be? The manager is obliged to take measures to consider the received appeal and make a decision on the guilt or innocence of the health worker. You must be given a written answer. Usually such treatment is sufficient to resolve a conflict situation. However, it also happens that the leader takes the side of the culprit. If this happens, move on to the next step.
The head of the clinic did not help? Let's go to the Ministry of Health
Each region has a Ministry of Health agency that operates a public reception room. Submit your complaint in writing and submit it to the territorial Ministry of Health.
There are several ways:
-personally, that is, take the complaint directly to a higher authority;
-by mail, please note: be sure to keep the shipping receipt;
-by email to the address of the ministry (see on the official website);
-message on the official website.
How quickly will a complaint be considered? In accordance with Federal Law N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation,” the response must be sent no later than 30 days from the date of receipt of the complaint. You must answer in the form that you indicated in the application; if not indicated, by mail to the address indicated in the appeal.
Factors
There are a number of factors that have a direct impact on the possibility of simultaneous removal and treatment of teeth. For example, if the patient is hypertensive or chronically takes medications that affect blood clotting, multiple interventions are not advisable.
The type of anesthetic and its dose also play an important role. If the effect of the drug on the entire jaw is insufficient, the doctor will carry out removal and treatment in several stages. If the work is carried out under general anesthesia, the dentist may not limit himself to just removing an affected or damaged tooth due to injury.
In addition, the psychological factor plays an important role: not every person is mentally prepared for the extraction of several teeth at once. This can lead to changes in appearance, severe pain during the rehabilitation period, problems with nutrition, etc. And some patients, on the contrary, prefer to “suffer themselves” in one appointment and ask to do the maximum possible procedures at a time.
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To court
In accordance with the Constitution of the Russian Federation, every citizen has the right to judicial protection. Therefore, the court is another body to which you can appeal.
In the statement of claim, please indicate:
full name of the court you are applying to,
the essence of the dispute,
what exact rights were violated - preferably with a legal justification for such violations (links to articles of legislation of the Russian Federation).
Attach the evidence you have of such violations: certificates, extracts, contracts, other documents, as well as videos and photographs; Refer to witness testimony, if any.
A healthy tooth has been removed - what to do?
Removing healthy teeth by mistake continues to be one of the causes of conflicts between doctor and patient. The victim’s claims are quite understandable, because the reason for going to the dentist - a bad tooth - still needs treatment or removal, but there is a need to restore a tooth lost by mistake, which implies unforeseen financial expenses. If a healthy tooth is removed in dentistry, what should you do?
You can start by writing a complaint to the head of the medical institution. The claim is made in writing in two copies, the service provider must confirm that he received the document. As a rule, this is enough, although in some cases the manager takes the doctor’s side. But in any case, a written response must be received within ten days.
If the problem cannot be solved, the next step is to contact the territorial department of Roszdravnadzor. The application can be submitted in person, sent by mail, email or using the official website. If healthy teeth have been removed, Roszdravnadzor may order an unscheduled inspection of the institution; in such cases, the clinic’s management prefers to voluntarily correct the error. In accordance with the law, a response must be received within a month, and in the form specified in the application. You can also request a prosecutor's review.
If previous actions are unsuccessful, each patient has the right to seek protection in court by filing a statement of claim. According to the law, judicial protection should be resorted to if previously taken steps to resolve the conflict peacefully have not been successful. The claim should indicate not only the essence of the dispute, but also what rights were violated, justifying the claims with references to the relevant articles in the laws. You should also attach available evidence, for example, extracts, contracts, photos and videos indicating that a healthy tooth was removed. In addition, you can refer to witness statements. The issue of acceptance/rejection of the statement of claim must be considered by the court within five days.
The same should be done when providing services in private dental clinics. In addition, if the dentist removed healthy teeth, you can also file a complaint with Rospotrebnadzor, which is authorized to monitor the activities of enterprises providing services on a paid basis.
When visiting a doctor, the patient should be familiar with the treatment plan. When visiting a paid clinic, a written agreement must be concluded and a treatment plan must be drawn up, which specifies what will be carried out and in what time frame. If any additional services are needed during treatment, this should also be reflected in the contract as an additional agreement. In the event of a dispute, these documents will serve as evidence.
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It is worth distinguishing between the concept of unreasonable removal of a healthy tooth and the removal of a healthy tooth according to indications. After all, a healthy tooth itself (no caries, chips, pulpitis) can grow incorrectly and affect the general condition of the dental system. This is especially true for the so-called wisdom teeth. Of course, there are a number of conditions in which wisdom tooth removal is simply necessary. For example, improper eruption, presence in the jaw bone, horizontal position, support of the adjacent seventh tooth - all these are indications for the removal of a wisdom tooth. In addition, it is necessary to clearly distinguish between absolute indications for wisdom tooth removal and hypothetical ones associated with predicted problems in the future. Therefore, when deciding to remove or leave a wisdom tooth, you should evaluate all the likely consequences of leaving or removing the tooth. Careful weighing of all factors, knowledge of possible options for the outcome of the situation after removal will allow you to make the decision that will be optimal for you.
If during the inspection it is determined that standards of medical care or rules for the provision of services were violated, then those responsible will face administrative liability. If harm is caused to the patient's health, licensing authorities have the right to suspend the dentist's license. If as a result of the doctor’s actions there is a need to restore health, then money can be recovered from the guilty dentist. In addition, the patient has the right to demand compensation for moral damage.
It can be very difficult for a patient to defend his rights without special knowledge. Therefore, if a conflict situation arises, it is better to use the help of specialists. Our lawyers have extensive experience in resolving medical disputes. If a doctor has removed a healthy tooth, we will help you prepare the necessary documents and file a claim, recover expenses incurred, obtain payment for prosthetics at the expense of the perpetrator, and even receive compensation for moral damage caused.
To the police
Yes, you can also file a report with the police. However, the police consider only offenses related to the intentional infliction of harm to life and health, that is, crimes provided for in the Criminal Code of the Russian Federation. Therefore, it makes sense to write a statement to the police only if the doctor intentionally caused you harm.
The investigator or inquiry officer will consider the appeal even if you have received threats, extortion has taken place, or your honor and dignity have been insulted. The police will also take action against a doctor who has committed an administrative offense.
How to write a complaint correctly?
The complaint can be written in free form with the obligatory indication of: a) the rights violated; b) who violated them and by what illegal (with reference to specific rules of law) actions. Copies of documents supporting the complaint must be attached.
If you are attaching any documents that serve as evidence to your application, they must be listed below as attachments to the application.
We recommend indicating that copies of documents are attached to the application, but you may also be asked to provide the originals later - for verification.
Application example:
agreement for the provision of paid medical services (copy) - 1 copy. on 2 sheets;
cash receipt (copy) - 1 copy. on 1 sheet."
If you file a claim, the form of appeal will be slightly different, in accordance with Art. 131 of the Civil Procedure Code of the Russian Federation. In addition to the above information, the statement of claim must contain information about the defendant (his contact details) and compliance with pre-trial procedure.
Compliance with the pre-trial procedure is the presence of a citizen’s appeals to the management of a medical institution with a demand for the restoration of a violated right. According to procedural legislation, it is necessary to resort to judicial protection if actions have already been taken to resolve a conflict situation peacefully, but they were not successful.
When you go to court, there are different deadlines for accepting an application: within 5 days from the date of receiving the statement of claim from you, they must consider whether to accept or refuse it.
When and why is it prohibited to remove more than one tooth?
The procedure will not be performed in cases where the teeth to be removed are on opposite sides of the jaw. It is recommended that they be removed in two visits so that the patient can chew food on one side while the wound on the opposite side heals. It is not recommended to remove several teeth on one side of the jaw, because a large free surface leads to excessive mobility of neighboring teeth. This often occurs when there is potential for significant damage to the gum margin, bone, and excessive blood loss. Multiple extractions often cause swelling and characteristic pain. Occasionally, sutures are placed on the postoperative area. The doctor will strictly prohibit the removal of several teeth at a time if the patient has been diagnosed with: diseases of the cardiovascular system, low blood clotting, high blood pressure. This is because extraction in such cases puts stress on the body. There is also a risk of an allergic reaction to the anesthetic. A person is afraid of feeling severe pain during surgery - this also serves as a very significant factor in the ban on multiple removals. In addition, this type of operation is accompanied by a long rehabilitation period, which for the patient is an additional reason for the ban.
How to write a complaint against a doctor at a private medical institution?
The form of ownership of the medical institution is not important. In addition to the listed authorities, you also have the right to contact Rospotrebnadzor. He is authorized to control the activities of all legal entities and individual entrepreneurs providing paid services to the population (unless otherwise provided by the current legislation of the Russian Federation).
Based on the request, Rospotrebnadzor conducts an inspection, during which it establishes that an offense has been committed. Based on the results of the inspection, Rospotrebnadzor decides whether a violation has occurred and whether it is necessary to bring the perpetrators to justice.
The supervisory authority is authorized to apply administrative sanctions to offenders within the boundaries of its jurisdiction. If necessary, it is possible to involve other government bodies in resolving the conflict.
How to grow up big and not know about caries
It’s hard for adults to believe this, but today a child can grow up not knowing what caries or toothache are and not be afraid of visiting the dentist.
To do this, parents and their child should come to the pediatric dentist immediately after the first baby teeth erupt, and not wait until the child complains of toothache.
At the first consultation, the doctor will assess the child’s risk factors for caries and give recommendations on oral hygiene and nutrition. Visits to the pediatric dentist should become regular. The doctor will determine how often you need to come for examination and prevention.
If you follow all the recommendations and do not miss the preventive visits prescribed by the doctor, then even if caries is detected, this will only be the initial stage, which is often treated without drilling the teeth.
Unlike the treatment of advanced caries, regular visits to the doctor and preventive procedures do not take much time, are absolutely painless, save nerves and save money.
This is exactly how work with young patients is structured at the IdealDent clinic. Read about how children’s appointments are organized in our clinic in the article “Prevention and treatment without worry and pain.”
We hope that with these examples we were able to explain that an integrated approach to treatment is about caring for the health of patients, and not imposing additional services.
