Write a complaint against a nurse

Reasons for complaining about a doctor

To file a complaint against the actions of a doctor, a hospital patient, regardless of whether it is a city clinic or a private one, must prove the grounds for such a procedural action.

The following circumstances are considered the main reasons for filing a complaint against employees of medical institutions:

• failure to provide medical care to a patient in a timely manner;
• physician error in determining the diagnosis;
• refusal of a health worker to provide assistance to a patient;
• negligent actions on the part of an employee of a medical institution;
• error in prescribing medications;
• deterioration of the patient’s condition after following the doctor’s recommendations;
• medical error during surgery;
• unreasonable expenses for medications that were not necessary;
• inappropriate behavior of the doctor, rude attitude, carelessness.

When the above circumstances are identified, the patient has the opportunity to exercise his constitutional right to appeal to higher authorities to protect his own interests.

Note! If a patient has recorded a violation of sanitary standards and hygiene, this may also serve as grounds for filing a complaint against a specific doctor.

Sample complaint against a pediatrician

Chief physician of a state (municipal (private) health care institution (name) (address)

Ministry of Health (name of the executive body of the constituent entity of the Russian Federation with powers in the field of health protection) (address)

Each situation is individual - do not hesitate to ask questions:

1. in comments;
2. in the online consultant window at the bottom of the page ↘️
3. in the form at the bottom of the page.

Prosecutor's office (name of the subject of the Russian Federation) (address)

Territorial body of the Federal Service for Surveillance in Healthcare at (name of the subject of the Russian Federation) (address)

from Last Name First Name Patronymic, residential address

(for example: Ivanov Ivan Ivanovich, Moscow, Moskovskaya st., 134, apt. 35)

Complaint against a pediatrician

I, Ivan Ivanovich Ivanov (indicate your last name, first name and patronymic - the latter if available), on September 25, 2021 (indicate the exact date of the event) felt unwell, namely (indicate specific symptoms of the disease) and decided that I would need a pediatrician.

This circumstance served as the basis for my application to a medical healthcare institution (indicate the type of medical institution and its name, for example, city clinic No. 9) for medical assistance.

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At the same time, the following unlawful actions (inactions) were taken against me in this institution, namely (select the one you need, also add a detailed description of the situation to your complaint and attach evidence):

• I was denied medical services for the following reason (describe the situation and the reason for the refusal, for example, “after it became clear that I applied to the place of temporary stay, I was denied medical care,” etc.);
• I received poor quality medical service;
• medical assistance was provided untimely;
• I was misdiagnosed;
• the pediatrician refused to admit the patient; the doctor was negligent;
• I was prescribed the wrong therapy;
• after visiting the pediatrician, my health deteriorated;
• had to incur excessive financial costs;
• the doctor treated me rudely;
• pediatrician violated medical confidentiality

In accordance with Article 4 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation,” the main principles of health protection are: respect for the rights of citizens in the field of health protection and ensuring state guarantees associated with these rights; priority of the patient's interests in the provision of medical care; accessibility and quality of medical care; inadmissibility of refusal to provide medical care; priority of prevention in the field of health care; maintaining medical confidentiality.

Based on the above, I ask (select the one you need):

Each situation is individual - do not hesitate to ask questions:

1. in comments;
2. in the online consultant window at the bottom of the page ↘️
3. in the form at the bottom of the page.

• take action against the pediatrician (indicate the surname, first name and patronymic of the pediatrician),
• reimburse me for expenses incurred,
• correct the situation.

Date, personal signature of the person filing a complaint against the pediatrician

A local pediatrician is a person on whom your child’s health largely depends. In the first years of a child’s life, you meet with the pediatrician very often (routine examinations, vaccinations, illnesses, examinations, etc.).

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Borisov Denis Evgenievich

Practitioner lawyer with 6 years of experience. Specialization: criminal law. Member of the Bar Association.

And if your local pediatrician is a qualified, competent specialist, if you have developed a good, trusting relationship with him, you are very lucky.

Unfortunately, there are often cases when parents do not trust the local pediatrician. These are cases of doctor incompetence, incorrect diagnosis, refusal to refer for hospitalization or examination (necessary, according to parents), rude, incorrect behavior of the doctor, and finally, simply a personal conflict between parents and doctor.

Then the question arises about changing the local pediatrician.

Responsibility of a doctor for committing unlawful acts

After identifying violations on the part of doctors, patients do not understand what will happen if they complain about the actions of a doctor in the clinic.

The legislator provides several types of liability for doctors, taking into account the nature of the violations:

• disciplinary;
• civil law;
• administrative;
• criminal

Moreover, each type of liability may provide for both restrictions on the doctor and his activities, as well as specific encumbrances, up to and including termination of work.

For example, if a doctor makes an incorrect diagnosis, the patient can sue for moral and material damage under Art. 1064 of the Civil Code of the Russian Federation, since such a violation can lead to both mental suffering of a person and serious, unnecessary costs for medications.

Another example is the measure of criminal liability for causing harm to a patient through negligence, which involves several types of sanctions: forced labor, imprisonment for up to four years, as well as deprivation of medical practice for a period of up to three years.

Where can you complain about a doctor?

When determining how to complain about the actions of a doctor in a clinic, you need to know exactly to which higher authority such a complaint is being filed.

Note! When filing complaints against the actions of doctors, one should not distinguish between doctors in clinics and hospitals. Regardless of this factor, the appeal is submitted to the appropriate and uniform authority for all.

The management of a medical institution is the first authority where you can complain. Depending on which of the health workers committed the violations, the complaint can be submitted to the head of the department, or directly to the hospital management - the chief physician. The complaint must receive a written response.

Where else can you complain about a doctor?

• Management of a medical institution. Sometimes the simplest way to convey your complaint is the most effective. You can complain about a doctor without making any statements or written complaints - just talk to the hospital management and point out that one of the employees is incompetent or violates any standards. However, you can only file a complaint with your manager if no serious violations have been committed;
• Ministry of Health care. This organization regulates the activities of medical institutions and monitors the quality of medical services. Therefore, it is the Ministry of Health that will be most effective in all matters relating to the quality of medical services;
• Court. The court is different in that absolutely any claim can be filed with it - it can concern both the rudeness of the staff and incorrectly provided services that caused harm to your health. True, suing medical institutions is much more difficult than simply filing complaints, so you will definitely need strong evidence and the support of a lawyer.

How to properly file a complaint against a healthcare worker

According to Art. 7 of the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation”, the complaint is drawn up in free form. There is no sample complaint form for the actions of a doctor.

By virtue of this law, the only thing that is necessary is to comply with the structure of the complaint:

• Header or introduction. Here you must indicate the name and address of the body to which the complaint is filed, as well as information about the applicant: full name, address, contacts.
• Document's name.
• Main part. This must include the circumstances under which the violation was committed, refer to evidence confirming the grounds for the appeal, and the rules of law justifying the applicant’s position. It is imperative to specify which of the doctors committed the offense, at what time and why.
• Conclusion. In this part, you need to indicate the requirement, namely, indicate what the higher authority must do: apply liability measures, compensate for material damage, and so on.

The written appeal ends with the patient’s personal signature and the date of the complaint. It is possible to attract a representative by proxy.

Sample complaint about rudeness of a doctor

Filing a complaint with the chief physician

You can complain to the head doctor of the hospital about the actions of employees either orally or in writing. It is necessary to remember about the correctness of handling. You cannot swear, use obscene language, or insult the staff who committed the violation. In this case, the head physician is obliged to accept a person with a complaint and consider the appeal, giving a reasoned answer, regardless of whether the application is refused or not.

Note! If the chief doctor refused to take action and decided that the circumstances presented by the patient did not contain any violations, then you can also complain directly to the hospital management in the same manner.

Also, when contacting the head physician, you need to remember that the nature of the violations on the part of the doctor or hospital management may affect the outcome of the dispute. When it comes to bribes, extortion, threats, you should immediately write a statement to the police or prosecutor’s office.

Which authorities should I contact if the head physician did not help?

There are several options for higher authorities to which a complaint against a doctor can be sent if the hospital management was unable to solve the problem.

Complaints about the actions of doctors are accepted in the following authorities:

• Ministry of Health care. Each region has a department of the Ministry of Health of the Russian Federation. This is necessary both for supervising the activities of medical institutions and for considering citizens’ appeals. To submit a letter to the department of the Ministry of Health, a sample of which is also provided upon application, all you need to do is visit the reception desk and register a complaint. After this, an inspection will be carried out at the specified hospital, and if these violations are confirmed, penalties will be applied. In addition, the complaint can be sent by email or registered mail. The response will also be received in writing after thirty days.
• Insurance Company. This option is relevant in cases where harm has been caused to health. It is enough to write an application to the insurance company, which will be able to compensate for material damage, as well as establish the doctor’s competence and prove his guilt, which in the future will help to hold the specialist accountable.
• Prosecutor's Office of the Russian Federation. The right to contact the prosecutor’s office is enshrined in the Constitution of the Russian Federation, as well as the Federal Law “On the Prosecutor’s Office of the Russian Federation.” This authority is obliged to consider complaints from citizens, including against the actions of doctors, especially when it comes to harm or threat of harm to the health and life of people. The principle of filing a complaint does not differ from appeals to the Ministry of Health of the Russian Federation.
• Judicial authorities. Protection of rights by going to court is also a constitutional right of a citizen. In the case of doctors, a statement of claim can help recover material and moral damage, that is, bring the doctor or other employee of the medical institution to civil liability.
• Police authorities. Here it is necessary to remember that the statement by the police officer will be accepted only if the violation on the part of the doctor caused harm to the health and life of the citizen, or there was a threat of such harm. The police will also be able to help if the doctor commits an administrative offense.

Ways to file a complaint against a doctor to the Ministry of Health of the Russian Federation

Since appealing to the head physician in some cases does not produce results, the following authority is used to resolve the dispute, which in practice is recognized as the most effective - the Ministry of Health of the Russian Federation.

Sample letter to the Ministry of Health

To understand how you can write a complaint to the Department of Health, it is enough to refer to the general rules for filing appeals to government agencies. However, in addition to the rules for filing a complaint, there are ways to submit it:

• Sending the application by registered mail.
• Using email, that is, drawing up a complaint on a PC and transmitting it via the Internet.
• Fill out the form on the official website of the Ministry of Health of the Russian Federation in the section “Form for citizens’ applications.”
• Personal appeal to the Ministry of Health of the Russian Federation by making an appointment. In this way, you can submit both a written and oral complaint.
• Using the ministry's hotline. There are also multi-channel telephones for contact, which are available to citizens on the department’s website.

Note! Regardless of the form and method in which the complaint was filed, a response to it must be sent within thirty days from the date of registration of the complaint.

Contacting an insurance company

If the patient has a compulsory medical insurance policy (compulsory health insurance), then the insurance company that issued this document has the right to monitor the work of medical institutions and receive complaints from citizens.

Insurance companies will be able to help only under certain circumstances, which include:

• refusal to provide assistance to a patient;
• coercion to undergo paid treatment;
• violation of the right to free medical care, refusal to make an appointment for a free appointment;
• inappropriate treatment, poor quality care.

To report these facts, all you have to do is call the insurance company and outline the essence of the problem.

This authority is also obliged to react and take measures, and after that give a written response to the citizen. In addition, the insurance company is obliged to resolve the issue of compensation for losses and report violations to the relevant authorities.

Appeal to the Prosecutor's Office of the Russian Federation

The prosecutor's office is the authority that is responsible for observing the constitutional rights of citizens, and accordingly, is obliged to conduct checks on all cases of citizens filing complaints.

Note! A complaint to the prosecutor's office cannot be submitted anonymously, and the methods of submitting a document are limited to personal transfer of documents and the Internet.

Personal reception at the prosecutor's office requires special days for this. If this option is not suitable, then you can use the Internet. It is possible to send an application by e-mail, or through a special form on the official website of the department.

The verification of the presented circumstances is carried out within thirty days. As a result, the following decision may be made:

• transfer documents to the judicial authority for further proceedings;
• direct a protest against the actions of officials;
• issuing and sending a report to a medical institution about the fact of identified violations and their elimination.

Despite the limited period for consideration of the appeal, due to the workload of the prosecutor's office, a response can only be received after several months.

Complaint to the police

An application to the internal affairs bodies is submitted only if there is harm to the patient’s health, or when the doctor’s actions fall under another article of the Criminal Code of the Russian Federation.

The police will be able to help in case of problems with medical facilities in the following circumstances:

• causing damage to the health of a citizen;
• the death of a person as a result of the actions of a doctor;
• establishing the fact of extortion of money, threats and blackmail;
• the patient's reputation was threatened due to insults and humiliation.

Also, if the actions of doctors are qualified as an administrative offense, police officers will also be able to take appropriate measures and issue a decision on the application of the appropriate sanction.

Note! There is no need to contact the police if the patient spent money on medications that were not necessary or was denied free treatment. In these cases, the authorities of the Ministry of Internal Affairs will not accept the application, since other authorities are provided for this.

Statement of claim to court

Appeal to the judicial authorities involves filing a claim and is used in cases where it is necessary to recover material and moral damage from a medical institution.

A statement of claim, just like a complaint, requires compliance with the structure of the document. In this case, the circumstances are presented in free form. You must provide the following information:

• name and address of the court where the claim is filed;
• information about the plaintiff and defendant (name, hospital name, addresses and contacts);
• cost of claim;
• the circumstances on the basis of which the dispute arose;
• reference to laws confirming the right of such appeal;
• a demand, for example, to recover compensation for moral damage;
• date and personal signature of the patient.

In addition, the claim should be accompanied by documents that serve as evidence of the established violations and confirm the fact of contacting a medical institution.

Note! Before filing a claim, you should contact a qualified lawyer, since the statement must include not only a description of the circumstances of the violation of the patient’s rights, but also the legal basis for the complaint.

Here it is also necessary to take into account that for a positive resolution of the dispute, confirmation of the fact of pre-trial settlement of the conflict is necessary. The court is required to provide evidence of filing a complaint with the head physician, the Ministry of Health, and the insurance company. Thus, there must be confirmation that the dispute was not resolved peacefully.

What to expect from the prosecutor's office?

Thus, the complaint against the doctor is ready. Next, in order to be accepted, you need to submit all documents to the department. This can be done in the following ways:

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• Contact the prosecutor's office in person. at the place of residence;
• Send a complaint by mail. Only registered letters should be used to reduce the risk of losing the letter;
• Submit a complaint with a representative.

It is worth noting that the representative must have a power of attorney certified by a notary.

Once the complaint is filed, the proceedings will begin. A representative of the prosecutor's office is obliged to interview witnesses and conduct an inspection of the organization. Also, an employee of the prosecutor's office will contact you if necessary. If an offense is discovered in a medical institution, the prosecutor's office must take measures in accordance with the law. All results must be reported in a formal response.

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How to complain about a doctor at a private clinic

Private medicine, in fact, is no different from city clinics, since the principle of its work is also to provide assistance to sick people. The violations that may be committed by doctors at such medical institutions are no different. A person is prescribed the wrong medicine, makes a mistake in diagnosis, extorts money beyond the stipulated cost of services - all this serves as a reason to complain.

You can file a complaint against the actions of a doctor, regardless of whether it is a private clinic or a public one.

To file a complaint against a doctor at a specific private clinic, you can select one of the considered authorities. It is also additionally possible to contact Rospotrebnadzor, since private medicine involves the provision of paid services to individual entrepreneurs or other individuals. This department is vested with the authority to supervise the activities of entrepreneurs, in particular the medical field. Which, if violations are detected, will entail contacting the authorities for the application of penalties.

Sample complaint against a doctor

As mentioned above, there is no single example of a complaint against a doctor. In each individual case, the citizen independently formulates an appeal. The only requirement is compliance with the structure of the document presented in federal legislation. Samples of writing a complaint can be found in this article if difficulties arise in formulating the situation and justifying the position.

Thus, it is possible to challenge the actions of doctors by contacting several authorities at once. A complaint will help not only to obtain compensation for material losses and moral damage, but to deprive the doctor of practice.

A sample complaint can be downloaded below:
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A complaint against a doctor to the prosecutor's office - a sample, and where can it be filed?

Each citizen, turning to a medical institution, hopes to receive timely, qualified assistance in full. And this is not surprising, since doctors must follow laws and regulations and contribute in every possible way to helping citizens.

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What to do if the doctor does not have a sufficient level of qualifications? And what to do if the doctor’s actions are unlawful and violate the norms and rules of the law? It is necessary to seek help from government services.