COVID is no offense: how to defend your right to medical care

What does a doctor face for negligence?

If, as a result of the doctor’s actions, the patient’s life was not in danger, but the amounts indicated in the table were required to eliminate the consequences, one should be guided by Part 1 of Article 293 of the Criminal Code of the Russian Federation “Negligence”. If the negligence of doctors led to the death of the patient - part 2 of the same article.

Sample complaint about boorish behavior of a doctor

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This is interesting: Bryansk hospital complaints against a doctor 2021

The terms and conditions that the customer agrees to by submitting an email address via the subscription form.

2. The Client agrees to these Terms by entering his phone number in a special field on the website, “get advice” and other services, and then clicking the button “Subscribe”, “Register”, etc.). By performing these actions, the Client provides personal data for the purpose of providing feedback to the Client who ordered the service.

3. When the Client orders a service through the official website of the Company, the Client provides the following information: Last name, First name, contact phone number.

5. If the Client wishes to withdraw his consent to the processing of personal data, the Client must send an official request to the Company in the following order: a letter with the subject “Stop processing personal data” to the email address [email protected]

When withdrawing consent to the processing of personal data, the Client also refuses to receive newsletters.

6. The Company uses the data provided by the Client for the purposes of:

6.1. Sending informational and notification messages;

6.2. to evaluate and analyze activities to promote goods and services;

6.3. assessment and analysis of the operation of the Company’s system;

6.4. to analyze market demand and purchasing characteristics of consumers of the Company’s services; providing personal recommendations;

7. The Company undertakes not to transfer information received from the Client to third parties. The transfer by the Company to third parties of data about the Client in an impersonal form for the purpose of assessing and analyzing the operation of the Company’s system, analyzing the Client’s purchasing characteristics and providing personal recommendations is not considered a violation of this clause.

8. The transfer of information in accordance with reasonable and applicable requirements of the legislation of the Russian Federation is not considered a violation of obligations.

9. When processing personal data, the Company takes necessary and sufficient organizational and technical measures to protect personal data from unauthorized access to it, as well as from other unlawful actions in relation to personal data.

How to punish a doctor for negligence - action plan

The fight for justice should begin with the chief physician of the institution where the perpetrator of the incident works. Even if you see that the hospital management does not protect the rights of patients, write a complaint against the attending physician to his boss. An unanswered statement will be an additional argument in your favor at trial.

If we are talking about causing serious harm to a patient, it is necessary to submit a statement of medical negligence to the investigative committee. They should initiate a criminal case under the above article. If law enforcement agencies are in no hurry to begin an investigation, you need to file an application with the prosecutor's office. At the same time, you can prepare a lawsuit.

Where can I complain about the clinic?

Often, an ordinary visit to the clinic turns into a real nightmare: every Russian knows first-hand the huge queues, bureaucracy, rudeness and indifference of doctors in public medical institutions.

The complaint addressed to the head physician is submitted in two copies - you leave one copy in the director’s reception area, the second (with a note indicating acceptance of the complaint) remains with you. In accordance with Law No. 59-FZ

“On the procedure for considering appeals from citizens of the Russian Federation”

, your appeal must be reviewed within 30 days. If after this period your complaint remains unanswered or you are answered with a standard reply without delving into the essence of the matter, contact higher authorities: the city/regional health department and the prosecutor's office.

Note! If the actions of medical workers have led to serious health problems, it would be advisable to contact the prosecutor's office directly, bypassing lower authorities. Based on your complaint, a prosecutor's investigation will be carried out and, if necessary, the prosecutor may initiate the transfer of the case to court.

A complaint about the work of a clinic, like any other complaint, does not have strict writing rules, but we still advise you to adhere to the basic recommendations. So, your application should contain:

• The name and position of the person against whom you are filing a complaint;
• Your full name and contact details (address, telephone number);
• Reason for the complaint (describe the conflict situation that occurred);
• The actions you took to resolve the issue;
• Your requirements;
• Date of filing the complaint and your signature with transcript.

This is interesting: Complaint from the team of clinic 119 about kulyga 2021

If you don’t have the time, opportunity (or even desire) to go to all sorts of authorities, you can leave a complaint about the clinic on the Internet - to the Ministry of Health of the Russian Federation.

In order for your application to be considered, you must fill out a simple form, which must include the following information:

• Your last name, first name and patronymic;
• The country you are in;
• Response delivery method (postal mail or email);
• Postal address/email address.

Note! When drawing up and submitting a complaint electronically, you must be guided by the general rules for preparing official documents: your appeal must be concise (no more than 2000 characters) and contain specific complaints and/or suggestions. The text of the application must be written in an official business style, without emotions, offensive statements or threats.

Physician's financial liability

The doctor’s actions are also qualified by the law “On the Protection of Consumer Rights”, since when contacting a medical institution, the patient becomes the customer, and the doctor becomes the performer. According to Article 14 of the Law “OZPP”, the doctor bears property liability for harm caused to the patient. For example, a dentist in a private clinic diagnosed a patient with mild caries and cured it, but in fact it was pulpitis - inflammation of the internal tissues of the tooth. The development of the disease led to the destruction of the tooth and it had to be removed. The dentist who diagnosed caries must pay for the removal of the tooth and installation of an implant for the patient.

In addition, the patient has the right to compensation for moral damage. The amount of compensation is determined by the court. Practice shows that the amount of compensation rarely exceeds 50% of the total cost of the claim.

The victim also has the right to receive a fine from the medical institution where he received poor-quality care. The fine is up to 50% of the cost of services.

Complaint under Art. 124 of the Code of Criminal Procedure to the prosecutor’s office for the investigator’s inaction

To the Moscow Prosecutor's Office - from lawyer Khoruzhenko Alexey Sergeevich - representative of B., victim in criminal case No. ... as well as witnesses B.I. and K.A. (warrants in a criminal case)

COMPLAINT (in accordance with Article 124 of the Code of Criminal Procedure of the Russian Federation)

The Investigation Department of the Department of Internal Affairs of Russia in Moscow is investigating criminal case No...., initiated on August 24, 2018, on the grounds of a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation.

During the preliminary investigation, it was established that a person unidentified by the investigation, through deception and abuse of trust, took possession of a Land Rover Range Rover, g.r.z. With...TR 777, as well as the Porsche Panamera Turbo TDK, g.r.z. C…BE 39, with a total cost of 4,700,000 rubles. B is currently recognized as the victim in the criminal case.

According to the materials at the disposal of the investigation, the statement of initiation of case B, his testimony as a victim, the owner of the Land Rover Range Rover car, g.r.z. S...TR 777, on the basis of the purchase and sale agreement dated April 21, 2018, is K.A., while the owner of the Porsche Panamera Turbo TDK, g.r.z. C...BE 39, on the basis of the purchase and sale agreement dated March 24, 20__ is B.I. (brother B.). Until now, a person who has not been identified by the investigation through deception and abuse of trust, namely by forging contracts for the sale and purchase of vehicles on behalf of B.I. and K.A., took possession of the above-mentioned cars and disposed of them, selling them to third parties.

It should be noted that since the initiation of the criminal case on August 24, 2018, there has been complete inaction of the investigative body, and red tape has been allowed in the case.

In fact, over a period of 15 months, the investigative body carried out only the following investigative actions in relation to the disputed vehicles:

• interrogation of B. as a victim;
• interrogation of B.I. and K.A. as witnesses, taking samples of their signatures;
• seizure of documents from registration authorities in relation only to the Land Rover car.

To date, 4 investigators have changed in the criminal investigation; now, according to the defense, the investigator is absent.

Repeatedly by the defense, representing the interests of the victim B., as well as B.I. and K.A., attempts were made to coordinate and order the seizure of documents in relation to the Porsche Panamera car, handwriting examinations using forged documents, however, by the investigative body under various pretexts (the criminal case being checked by the prosecutor's office, employment, criminal prosecution of one of the investigators), investigative actions were disrupted. This circumstance entails not only red tape in the case, but also serious financial losses.

Currently, the investigative body is not taking a single step aimed at:

• withdrawal from the traffic police of the documents of title (purchase and sale agreements) on the transfer of ownership of the Porsche Panamera car;
• appointment of appropriate handwriting examinations and establishment of the fictitiousness of purchase and sale agreements, on the basis of which the cars were removed from the ownership of the owners, in the presence of selected samples of signatures K.A., B.I.;
• recognition of B.I. and K.A. as victims;
• issuance of cars to K.A. and B.I. as legal owners;
• searching for and bringing charges against the perpetrators of the crime.

The following should also be noted. The cars are currently in the police station's parking lot as evidence; their value and cost are gradually decreasing as the investigation drags on.

Earlier on 04/12/2019, due to the inaction of the investigative authorities, B. filed two complaints to the Golovinsk Interdistrict Prosecutor's Office (No. 258, No. 259) with a request to provide assistance and influence on the investigative authorities involved in the investigation of this criminal case, in order to return cars to the legal owners. And on April 29, 2019, two responses were received to complaints dated April 12, 2019 No. 258 and No. 259 from the acting. Interdistrict Prosecutor A.V. Sludnev that the investigation in this criminal case has not yet been completed and a number of investigative actions have not yet been carried out, in this regard, on April 26, 2019, demands were made to the employees of the Investigative Department of the Ministry of Internal Affairs of Russia for the Levoberezhny District about carrying out investigative actions.

Then, on June 25, 2019, the defense again filed a complaint about the inaction of the investigative authorities, the response was routine in nature, and the complaint was rejected.

Despite the existing order of the prosecutor's office, currently the investigative authorities are inactive, victims are deprived of the opportunity to exercise their rights to return their property, including in court in civil cases to invalidate transactions for the alienation of cars, due to the fact that before To date, the title documents for the Porsche Panamera car have not been seized in connection with the transactions, and handwriting examinations have not been carried out.

Red tape in a criminal case involves significant financial losses for victims.

The injured party submits this complaint about the inaction of the preliminary investigation authorities, the red tape allowed in the case and requests that appropriate prosecutorial response measures be taken to protect the rights and legitimate interests of the victims B.I., B., K.A., and to exercise their right to return what belongs to them property and bringing the perpetrators to criminal liability.

Based on the above, guided by art. 124 Code of Criminal Procedure of the Russian Federation,

ASK:

Recognize as illegal the inaction of the preliminary investigation authorities and the red tape allowed in criminal case No...., which is being processed by the Investigation Department of the Department of Internal Affairs for the... district.

Oblige the preliminary investigation authorities to carry out the following investigative actions:

• withdraw from the traffic police authorities the documents of title (purchase and sale agreements) on the transfer of ownership of the Porsche Panamera Turbo TDK car, no. C...BE 39;
• appoint appropriate handwriting examinations to establish the fictitiousness of the sales contracts, on the basis of which the cars were removed from the ownership of the owners, in the presence of selected samples of signatures K.A., B.I.;
• recognize B.I. and K.A. as victims;
• issue cars to K.A. and B.I. as legal owners;
• bring the perpetrators of a criminal case to justice by filing appropriate charges.

Please send your response to this complaint by e-mail or, if not possible, in any other way using the available contact information.

Application:

1. Orders to represent the interests of B., B.I., K.A.

________________________/Khoruzhenko A.S./ 11/10/2019