Claim for poor quality dental services

Did you feel worse after your visit to the dentist? Don’t endure the pain - ask to correct the shortcomings of the doctor’s work for free. You have the right to this in accordance with Article 29 of the Law “On Protection of Consumer Rights”, because you are the customer of the service, and the dental center is its performer. As a customer, you can demand not only free elimination of deficiencies in poor-quality treatment, but also the implementation of any of these actions:

• termination of the contract and return of money;
• reducing the cost of services with a partial refund;
• reimbursement for treatment in another clinic (if the tooth had to be treated urgently, and you do not trust the previous doctor).

How to prove that the doctor is wrong

Collect all the documents that were given to you at the clinic: contract, certificates, prescriptions, payment documents, warranty card. Try to pick up your card or at least an extract from it from the clinic. If you urgently need to eliminate the consequences of poor-quality treatment, do an ultrasound, x-ray and other studies that will document the condition of the oral cavity. Ask your new attending physician to write a report about the diseases you are complaining about. Be sure to keep receipts for payment for services from another clinic - based on them, you can determine the amount of compensation due to you.

Dentists usually refuse to evaluate the work of colleagues, even if they see poor quality work. Therefore, to obtain an independent opinion, it is often necessary to undergo an examination. It is not cheap, so you need to order it only if you intend to defend your rights in court.

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.

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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.

Pre-trial settlement of a conflict with dentistry

Before starting a legal battle, contact the dentist where you received poor quality treatment and ask for a refund. Perhaps they will admit their mistakes and want to correct them. Write a complaint about the provision of poor-quality services, list your requirements and the time frame within which they must be fulfilled. The claim can be submitted in person, but must be submitted in duplicate. Ask the secretary to put the number of incoming correspondence on both copies, and take the second one for yourself. If you don't want it in person, send it by mail with acknowledgment of delivery. If after ten days there is no response to the appeal, you can prepare an application to the court.

How and where to complain about a dental clinic

Note!

The only effective mechanism for protecting the violated rights of dental patients is filing a complaint. The procedure and addressee for filing it will depend on where the poor-quality dental care was provided - in a private or public clinic.

If this is a private clinic, you must:

1. Send a free-form complaint to the clinic with a description of the problem and a reasonable time frame for solving it. If the clinic admits a violation, it is likely that the violations will be corrected and the damage will be compensated voluntarily, without the involvement of third parties.
2. If there is no reaction, contact the regional dental association. She will give a conclusion about violation of the standards for the provision of dental care.
3. At the same time, contact your local office of Roszdravnadzor.
4. Additionally, or if there is no response from Roszdravnadzor, the patient can contact the local prosecutor's office. It is a body for general supervision of compliance with legislation, and therefore is obliged to respond to any violations of citizens’ rights, including in the field of health care.
5. If there is a conclusion about the provision of poor-quality dental care, go to court to compensate for the damage caused. Request in writing that the prosecutor participate in the case. Since the clinic’s actions violated the rights not only as a patient, but also as a consumer, demand compensation for moral damages.

What to write in a statement of claim

In your statement of claim, you can demand not only a refund of money, but also payment of a fine for poor-quality services provided. The fine is 50% of the cost of treatment. If a lot of time has passed since the filing of the claim, it makes sense to demand a penalty for refusal to fulfill obligations. You also have the right to compensation for moral damages, the amount of which is determined by you. If the court decides in your favor, the clinic will be required to reimburse you for the costs of the examination and legal fees - do not forget to mention these requirements in the statement of claim.

Sample complaint to a dental clinic

Limited Liability Company "***"

Address: Ekaterinburg

From P.

Address:

CLAIM

for poor quality dental services

A number of contracts for the provision of medical (dental) services for a fee were concluded between LLC “***” and P., the last one **.**.****

In accordance with paragraph 1 of Art. 779 of the Civil Code of the Russian Federation, under a contract for the provision of paid services, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

By virtue of clause 1.1. of the Agreement, the Contractor undertakes, on the instructions of the Customer, to provide dental services by specialists of the relevant profile, including therapeutic, surgical (including operations for implantation of dentures), orthodontic and orthopedic services, and the Customer undertakes to pay for these services in the manner and on the terms, provided for by the terms of this agreement and its annexes.

Within the framework of this agreement, P. was provided with the following controversial medical services:

• fixation of the bracket system on the upper and lower jaw – price of services – ____ rubles;
• a range of services for the production and installation of ceramic veneers on teeth – the price of the range of services is ____ rubles.

Relations arising in the field of protecting the health of citizens in the Russian Federation are also regulated by Federal Law dated November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” According to parts 7 and 8 of Art. 84 of the said Federal Law, the procedure and conditions for the provision of paid medical services to patients by medical organizations are established by the Government of the Russian Federation. The provisions of the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” apply to relations related to the provision of paid medical services.

In pursuance of the provisions of this Federal Law, the Government of the Russian Federation approved the Rules for the provision of paid medical services by medical organizations (Resolution of the Government of the Russian Federation of October 4, 2012 N 1006) (hereinafter referred to as the Rules).

Paragraph 2 clause 2 of the “Rules for the provision of paid medical services by medical organizations” (approved by Decree of the Government of the Russian Federation of October 4, 2012 N 1006), defines paid medical services as services provided on a reimbursable basis at the expense of citizens’ personal funds. Funds from legal entities or other funds based on contracts, including compulsory health insurance contracts.

I believe that these medical services were performed poorly due to the following:

1) Regarding the installation of the bracket system.

It should be taken into account that the installation of these systems on the upper and lower jaw significantly disrupted the Applicant’s bite, which also led to incorrect installation of veneers.

As a result, this defect causes significant inconvenience to P.

2) Regarding the manufacture and installation of ceramic veneers.

It should be taken into account that P. spent a long time agreeing with the attending physician on the required shape of the veneers, their color and size through temporary veneers; as a result, an agreed-upon impression was made to prepare permanent veneers and install them on the patient.

However, after installation, P. discovered that the installed veneers differed significantly in color and shape from those agreed upon with the attending physician.

These violations not only cause P. aesthetic discomfort, but as stated earlier, the result of poor-quality medical services was a malocclusion.

According to clause 27 of the Rules, the contractor provides paid medical services, the quality of which must comply with the terms of the contract, and if there are no conditions in the contract on their quality, the requirements for services of the corresponding type. If federal law or other regulatory legal acts of the Russian Federation provide for mandatory requirements for the quality of medical services, the quality of paid medical services provided must comply with these requirements.

Clause 31 of the Rules stipulates that for non-fulfillment or improper fulfillment of obligations under the contract, the contractor bears responsibility under the legislation of the Russian Federation.

According to the preamble of the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights” (hereinafter referred to as the Law on the Protection of Consumer Rights), a consumer is a citizen who intends to order or purchase, or who orders, purchases or uses goods (work, services ) exclusively for personal, family, household and other needs not related to business activities; performer - an organization, regardless of its legal form, as well as an individual entrepreneur performing work or providing services to consumers under a paid contract.

In paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”, it is explained that relations regarding the provision of medical services to citizens provided by medical organizations within the framework of voluntary and compulsory medical insurance, consumer protection legislation applies.

Article 29 of the Law of the Russian Federation “On the Protection of Consumer Rights” provides that the consumer, upon discovering deficiencies in the work performed (service provided), has the right, at his choice, to demand:

• free elimination of deficiencies in the work performed (service provided);
• corresponding reduction in the price of work performed (service provided);
• free production of another thing from a homogeneous material of the same quality or repeat work.
• reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties.

At the same time, satisfying the consumer’s demands for the gratuitous elimination of defects, for the manufacture of another item, or for the repeated performance of work (provision of a service) does not relieve the contractor from liability in the form of a penalty for violating the deadline for completing the work (provision of a service).

It should be taken into account that the consumer has the right to refuse to fulfill the contract for the performance of work (rendering a service) and demand full compensation for losses if, within the period established by the specified contract, the shortcomings of the work performed (service provided) are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.

By virtue of clause 3 of this article, claims related to deficiencies in the work performed (service provided) may be presented upon acceptance of the work performed (service provided) or during the performance of the work (service provision) or, if it is impossible to detect deficiencies upon acceptance of the work performed ( services provided) within the time limits established by this paragraph.

The consumer has the right to make claims related to defects in the work performed (service provided), if they are discovered during the warranty period, and in its absence, within a reasonable period, within two years from the date of acceptance of the work performed (service provided) or five years in relation to the defects in buildings and other real estate.

The result of the services was accepted by P. **.**.****, thus, the specified requirements are stated within the warranty period.

In accordance with Article 31 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, consumer demands for a reduction in the price for work performed (service provided), for reimbursement of expenses for eliminating deficiencies in the work performed (service provided) on their own or third parties, as well as the return of the amount of money paid for the work (service) and compensation for losses caused in connection with the refusal to fulfill the contract, provided for in paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of this Law, are subject to satisfaction within ten days from the date submitting a corresponding request.

Separately, the following should be taken into account.

In March 20__, P. contacted the Contractor with a request to provide documentation based on the results of the medical services provided.

In accordance with Art. 22 of the Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”, everyone has the right to receive, in an accessible form, information available in a medical organization about the state of their health, including information about the results of a medical examination, availability diseases, the established diagnosis and prognosis for the development of the disease, methods of providing medical care, associated risks, possible types of medical intervention, its consequences and results of medical care.

Information about health status is provided to the patient personally by the attending physician or other medical professionals directly involved in medical examination and treatment. In relation to persons who have not reached the age established in Part 2 of Article 54 of this Federal Law, and citizens recognized as incompetent in accordance with the procedure established by law, information about their health status is provided to their legal representatives.

The patient or his legal representative has the right to directly familiarize himself with medical documentation reflecting the state of his health, in the manner established by the authorized federal executive body, and to receive advice from other specialists on the basis of such documentation.

The patient or his legal representative has the right, upon request, including in electronic form, to receive medical documents (copies thereof) reflecting the patient’s health status and extracts from them, including in the form of electronic documents. The procedure and timing for the provision of medical documents (copies thereof) and extracts from them are established by the authorized federal executive body.

By virtue of clause 25 of the Rules, after the execution of the contract, the contractor issues to the consumer (legal representative of the consumer) medical documents (copies of medical documents, extracts from medical documents), reflecting the state of his health after receiving paid medical services.

It should be noted that in order to assess the quality of the medical services provided, the Applicant indicated receiving copies of medical documents related to the services provided.

Meanwhile, this obligation on the part of the Contractor was fulfilled improperly, in particular, the patient was provided with an extract from the medical documentation from the treatment history, which contained general information about the date of admission. However, this information is inappropriate; moreover, the patient was not given the final impressions made for the production of veneers.

Based on the above, guided by current legislation,

ASK:

• to eliminate free of charge the shortcomings of poorly provided medical services regarding the installation of braces on the upper and lower jaws, as well as a range of medical services for the manufacture and installation of veneers.
• issue a certified copy of P’s treatment history, as well as issue existing dental casts of the specified patient

If it is impossible to eliminate the deficiencies free of charge, return the money paid for poorly rendered medical services in the amount of ___ rubles.

Please send the response no later than 10 working days from the date of receipt of the claim to the Applicant’s address. If these requirements are not met, applicants will be forced to go to court to protect their rights.

I really hope for a peaceful resolution to our conflict, without going to court. It is possible that during the negotiations we will also be able to find some other acceptable solution to the problem.

Date, signature

Sample complaint against a dentist

First of all, when drawing up a complaint, you should not be guided by ready-made complaint templates, since each situation is individual. The complaint is drawn up in any form, but it must include the following information. These include the full name of the organization to which the document is submitted, the name of the organization and details of the doctor against whom the complaint is being filed, and personal details of the patient.

The main part sets out the grounds for the appeal. Documentary evidence of the violation of the patient’s rights should be attached to the document.

What documents need to be provided

The facts stated in the complaint must have documentary evidence, only in this case the appeal will be satisfied.

Accordingly, you will need to attach the following documents:

• agreement on the provision of medical services;
• treatment plan;
• an extract from the medical record about the fact of medical measures, diagnosis, result of treatment;
• certificate of work performed, if any;
• checks or bills confirming payment for the service;
• applicant's details.

Only copies of documents should be provided; the originals should remain in the hands of the victim. Only a government agency or court can request them.

When a claim is sent directly to a dental clinic, it is enough to submit only the application; the remaining documents in the form of copies must be kept in the administration of the medical institution.

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