How to sue a dentist. Statement of claim for the provision of poor-quality dental services

The medical services currently provided in dental clinics are extremely diverse and in demand. Those who want to make themselves Hollywood smile, perfect bite and snow-white teeth - a lot. Therefore, poor-quality work of a dentist, perhaps, most often becomes the subject of dispute when considering this category of civil cases in court.

The dentist, in accordance with current legislation, is obliged not to cause harm to his patient’s health and moral damage. For careless mistakes or intentional actions, harm caused in the field of medicine, there are different types of liability in the law, including criminal liability. If your tooth has been poorly treated or damaged healthy teeth– feel free to contact us for legal assistance.

Remember that dental mistakes can lead to even more serious problems, which will be difficult, time consuming, expensive or simply impossible to correct in the future. For the negligence or incompetence of the dentist, the patient may demand monetary compensation. It doesn’t matter whether it’s paid or free treatment was carried out against him.

What can the dentist be responsible for?

Our lawyers have long specialized in bringing doctors and medical workers, incl. dentists. Trials against dentists have ceased to be an exotic rarity and have become an ordinary legal and judicial practice. And all this thanks to patients who do not want to put the brakes on incompetence individual representatives modern medicine.

The most common grounds for holding dentists liable are as follows:

1. Incorrect diagnosis, resulting in deterioration of the patient’s health, complication of his existing dental disease.
2. Causing injury to a patient by a dentist during treatment. At the same time, the severity of liability directly depends on the severity of the harm to the patient’s health caused intentionally or through negligence, up to and including his death.
3. Imposing expensive additional services aimed not at treating existing dental diseases, defects or anomalies, but at enriching the dentist.

If in your case one of the above grounds applies, then you can safely go to court to recover damages caused, incl. through criminal prosecution of the dentist.

Among our specialists there are lawyers specializing in medical law. They will protect the rights and legitimate interests of their clients and provide all necessary legal assistance and will help the court establish the truth in the case.

How to protect yourself in advance?

When going to court, remember that to make a decision in your favor, you will definitely need evidence. This applies equally to both paid and free dental care. That is why you should worry about collecting all the necessary documents in advance.

Remember that with the patient in private dentistry an agreement must be concluded indicating the cost of each medical procedure and a quality guarantee is provided. Payment is confirmed only cashier's check. If problems arise, having such documents, you can safely sue the dentist.

During your first consultation, ask your dentist to create a treatment plan indicating the timing and scope of all upcoming procedures. This plan is drawn up free of charge and guarantees that the client will no longer be “pulled” for money. A copy of it is given to the patient. In the future, the plan will become good evidence in court proceedings.

If you feel pain in the oral cavity near the treated teeth after a while, other negative symptoms, you will definitely need to contact a forensic medical expert to record painful symptoms and obtain an initial medical report or report.

It is important to immediately write a complaint to the Ministry of Health and/or Federal service for supervision in the field of healthcare (Roszdravnadzor). They're in month period are required to check the clinic you indicated. You can also contact the management of private dentistry through a complaint procedure.

Trial

If, in pre-trial proceedings, the problem of substandard medical services could not be resolved, then the injured patient can file a lawsuit against the dental clinic in the district court, attaching all the evidence available to him in order to defend his claims during the trial.

Of course, this should be done with the help of our qualified medical lawyer, who knows all the features and nuances of the theory and practice of such cases. He will be able to legally, consistently and clearly state your position, promptly present the available evidence to the court, draw up the necessary procedural documents and ultimately win your case.

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• Sue the dentist
• Protecting the rights of dental patients
• How to sue a doctor?
• How to sue dental clinic, which provided poor quality services?
• Brazen deception in a dental clinic
• Unsatisfied with your dentist's services? Complain!
• File a lawsuit against dentistry
• Dentist trial
• The court punished the dentist whose fault the child swallowed the instrument
• Find out now! Who to complain to if you are dissatisfied with the dentist's services

Suing a dentist Andrei Egorov (name changed) went to the dentist in his hospital because he was experiencing acute toothache. They explained to Andrey that he needed an operation to remove the tooth. The operation was scheduled for the third day after treatment, but no antibacterial drugs Egorova was not discharged.

How to sue a dental clinic?

Based on the above, guided by Articles 5, 18, 19 of the Law “On Protection of Consumer Rights”, Articles 309, 314, paragraph 2. Article 450, Article 454, paragraph 1, 2 Article 469, paragraph 2 Article 475 of the Civil Code of the Russian Federation I DEMAND: 1. Terminate the contract for the provision of dental services concluded between LLC "" and me. 2.Refund the paid amount in the amount of rubles. 3. Pay the costs of correcting this situation in the amount of rubles 4. Reimburse legal expenses in the amount of rubles. In case of non-transfer Money within 7 days from the receipt of this complaint to LLC "", complaints will be sent to Rospotrebnadzor.

, and a statement of claim to the court. Appendix: 1.Copy of the Services Agreement dental services.

Medical malpractice by a dentist: will the court protect it?

To go to court against a dental clinic, more compelling reasons are required, for example:

• The doctor removed a healthy tooth from the patient;
• During a serious surgery there was an infection;
• The doctor diagnosed misdiagnosis, which led to the deterioration of the teeth;
• Shortcomings during diagnostics, varying degrees seriousness;
• Refusal of emergency admission, which led to increased inflammatory process and various complications;
• Making errors in medical documentation;
• Prescribing an incorrect prescription;

Information If one of the listed (similar) reasons occurs, the patient has the right to sue the dental institution. He can do this either personally or by seeking the help of a qualified lawyer.

How to sue a dentist?

Artem Ivanov died during an appointment with Kershina after a painkiller injection. According to the investigation, the cause of death was an overdose of lidocaine. Kershina mistakenly injected the boy with a solution whose concentration of lidocaine exceeded permissible norm more than three times.

Info

The court punished the dentist, through whose fault the child swallowed the instrument. Thirty thousand rubles - this is the price for negligence in work, which one of the dental companies in Saratov will pay. This decision was made recently by Saratovsky regional court. A few months ago, the parents of a four-year-old resident of Saratov took her to see a dentist.

However, the dental treatment ended in an unconventional way: with a call to an ambulance and an operation. The baby had to undergo surgical intervention for the purpose of removal from the stomach foreign body.

How to sue a dental clinic

Attention

According to clause 1 of Article 19 of the Law “On Protection of Consumer Rights”, the consumer has the right to make demands against the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) regarding defects in the goods if they are discovered during the warranty period or expiration date. In accordance with paragraph 2 of Article 450 of the Civil Code of the Russian Federation, significant defects are understood as defects that cannot be eliminated or the elimination of which requires disproportionate expenses or time, or that reappear after their elimination, as well as other defects due to which the buyer is deprived of what he had the right to count on when concluding the contract, including the possibility of using the goods for their intended purpose. Consequently, the Seller duly significantly violated the quality requirements for the goods transferred to the Buyer.

How to sue a dental clinic step by step

The sale of goods (performance of work) after the expiration of the established expiration date, as well as goods (performance of work) for which an expiration date should be established, but is not established, is prohibited. The seller has the right to establish a warranty period for the product if it is not established by the manufacturer. The seller has the right to accept an obligation in relation to defects in the goods discovered after the expiration of the warranty period established by the manufacturer (additional obligation).

The content of the seller's additional obligation, the validity period of such an obligation and the procedure for the consumer to exercise rights under such an obligation are determined by the agreement between the consumer and the seller. The warranty period for the product is calculated from the moment of signing the Transfer and Acceptance Certificate. I didn't sign anything like that. Due to the current situation, I was left without money and without teeth.

Sue the dentist

But you can protect your rights! How to do this correctly? Dmitry Lesnyak, lawyer at the Society for the Protection of Consumer Rights, tells the story. The majority of Russians are for dental care go to government clinics. Sue dentistry The fact is that 2 months ago I was preparing to leave for a long time to study abroad and decided to visit the dentist for preventive care.

Basically, nothing bothered me and my teeth didn’t hurt at all. During the consultation, the doctor found 2 caries in me and offered to treat them, to which I naturally agreed. Immediately after the end of anesthesia, that is, already at home, I began to feel pain in two teeth made.
Such a throbbing characteristic toothache. Trial of a dentist On December 16, the Vologda City Court handed down a verdict in the case of dentist Natalya Kershina, who was accused of the death of a 4-year-old child, the TV channel reports.

I was prescribed a long course of treatment and was deprived of my ability to work. I had to pay for these services in the amount of rubles. As a result of this whole situation, my pancreas has worsened (as a result chronic pancreatitis and cholecystitis) According to clause 5 of this contract for the provision of dental services, the PROVIDER is responsible for the services provided as provided for by current legislation.

The customer fulfilled his obligations to pay money for services properly. There is a relationship between the Seller and the Buyer arising from the purchase and sale agreement, which is regulated by Chapter 30 of the Civil Code of the Russian Federation.

Suing a dental clinic

During these three days, Egorov had to actually treat acute toothache at home with the help of painkillers. Anesthesia was used during tooth extraction. Protecting the rights of dental patients Who among us has not heard complaints from dental patients regarding the poor quality of paid medical services? This article will discuss how dental patients can competently defend their rights. So your teeth were poorly treated? Please note: correctly collected evidence in the case at the pre-trial stage, as well as a competent lawyer, will increase your chances of winning in court. How to sue a doctor? In order to answer the question of how to file a lawsuit against a doctor, we will tell you about the requirements presented in the procedure for civil proceedings.
I am forced to go to another clinic for quality treatment. In another clinic this service costs rubles. According to clause 1 of Article 18 of the Law “On the Protection of Consumer Rights”, in relation to a technically complex product, the consumer, if defects are discovered in it, has the right to refuse to execute the sales contract and demand a refund of the amount paid for such a product or make a demand for its replacement with the product of the same brand (model, article) with a corresponding recalculation of the purchase price within 15 (fifteen) days from the date of transfer of such goods to the consumer. After this period, these requirements must be satisfied in one of following cases: detection of a significant defect in the product; violation of the deadlines established by this Law for eliminating product defects.

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Rare case- the patient was able to prove in court that he was treated incorrectly and caused harm to his health. The decision was made in favor of Anton Zamaraev, a Cherepovets resident working in Vologda, who, after visiting an expensive dental clinic, ended up in a hospital bed and underwent a painful operation. After completing the treatment, he went to court to hold the clinic accountable for poor quality service.

No answer, no hello

In No. 94 dated August 26, 2015, we told how Anton Zamaraev paid about 12.5 thousand rubles for dental treatment. The clinic where he was admitted initially made a good impression on him: expensive interior, friendly service, well-known clients in Vologda...

He contacted the doctors of this dentistry twice: the first time he was treated for a bad tooth and a temporary filling was placed, the second time, after almost three months, the treatment was completed. After some time, the man felt unwell, the cause of which turned out to be a piece of filling material that got into maxillary sinus and caused the development of infection.

The operation, during which doctors removed a foreign body in the patient’s left maxillary sinus in April 2015, was fraught with complications. Anton Andreevich spent 18 days on sick leave, including ten in the hospital.

After recovery, Anton Zamaraev sent a written complaint to the dental clinic. He described in detail everything that happened to his health, but received no answer - neither substantive, nor even a standard apology. As a result, the man filed a lawsuit and demanded more than half a million rubles as compensation for moral and material damage.

Did the doctor make a mistake?

At the court hearing, a representative of the clinic rejected the patient’s claims. The dentist who performed the treatment told the court that the patient came for an appointment much later than the agreed time, and filling material could have gotten into the maxillary sinus during an earlier visit to another doctor, since not only the tooth that she treated, but also two more, borders the bottom of the maxillary sinus. She also explained that there was no need to take an image of the patient’s teeth during his return visit, since the diagnosis was clear to her even without the image.

Anton Zamaraev applied for appointment forensic medical examination, and representatives of the clinic objected to this. Nevertheless, the court found the plaintiff’s request legal and justified. As a result, a commission of experts from the Bureau of Forensic Medicine made conclusions confirming the guilt of the clinic.

Thus, the commission of experts stated that since a lot of time had passed between Zamaraev’s primary and secondary visits to the clinic, the doctor should have chosen a different treatment tactic and be sure to take an X-ray of the tooth before starting his treatment. But the doctor did not take a picture, and the treatment itself, according to experts, was carried out with a violation of technology, which could consist of either incorrect definition the depth of the tooth canal, and in the excess amount of filling paste introduced.

But after the treatment, a picture was taken, and the presence of a foreign body in the maxillary sinus is clearly visible in this picture, but the dentist did not say anything to the patient about this, and did not refer him for a recommendation to maxillofacial surgeon and didn't appoint preventive treatment possible complications. The involved specialists also noted the fact that the clinic made very scanty records about the patient’s treatment, without indicating significant circumstances - for example, the amount of medication administered to the patient.

Experts gave the answer

Answering the court’s question, the experts indicated that the entry of a foreign body during proper treatment it would be impossible, but if it were incorrect, as observed in the case of Zamaraev, it would be quite possible. They rejected the assumption that the foreign body was introduced into the patient’s maxillary sinus earlier, during the treatment of another tooth, as the clinic representatives insisted on.

Answer the question about the existence of a cause-and-effect relationship between improper treatment the patient and subsequent complications, the experts found it difficult, but did not rule it out, but they established the most direct connection between the dental treatment and the entry of a foreign body into the maxillary sinus.

When making its decision, the court took into account that there were no reasons not to trust the examination carried out and the testimony of the attending physician who performed the operation on Anton Zamaraev did not contradict the experts’ conclusions. The fact of poor-quality treatment was confirmed in the court of first instance, and representatives of the clinic were unable to prove to the court that they were right.

As a result, the court decided to recover about 70 thousand rubles in favor of Anton Zamaraev.

The court decision has not entered into legal force and can be appealed.

Modern Russian market services various fields oversaturated with offers. As they say, if there is demand, then there is supply, but even in conditions of fierce competition, the offering party does not always provide the client with high-quality and professional services.

Unfortunately, the medical services market was no exception. And if in other areas a situation or situation can be corrected by limiting yourself to the unpleasant impression of cooperation with non-professionals, then poor-quality medical services concern the most intimate thing in a person - health, which sometimes cannot be restored due to the negligence of doctors.

The question arises: does the current legislation provide for a procedure for protecting the rights and interests of citizens who have suffered from the incompetence of, for example, a dentist?

Legal Rules for Suing a Dentist

It is important to understand that a number of regulatory legal acts of the Russian Federation provide for the payment of compensation to a patient who received poor-quality medical services, including a dentist. In this case, whether the treatment is paid or free does not matter.

As evidenced by the successful legal practice Legal experts of the League for the Defense of Patients' Rights, the most common grounds for starting legal proceedings against dental negligence are diagnostic errors, injury to the patient during treatment, as well as incorrect work that provoked further complications. You can safely file a claim in court if the doctor incorrectly prescribed an anesthetic drug, as a result of which the patient’s health condition worsened. Common cases for going to court are also the imposition by a dentist of medical services that are irrelevant for the patient, implying additional income for the doctor.

What the patient needs to remember

It should be noted that the procedure for appealing against the unlawful actions of a dentist and the provision of poor-quality medical services can equally be carried out both with free medical care and in the case of paid treatment. There are certain legal nuances that any patient must be aware of.

Nuance 1

During the first consultation at mandatory The doctor must draw up a treatment plan, from which one can easily understand the sequence of the doctor’s actions in the process of providing medical care. It is before starting work with the patient that the latter has the right to discuss with the doctor all questions of interest regarding the procedure for carrying out the procedures.

It is important to remember that in a private dental clinic such a plan is drawn up free of charge and after it is approved by the patient, the doctor cannot change the treatment procedure.

If the doctor refuses to provide a treatment plan for any reason, you can safely complain to the clinic administration. You have the right to this because the absence of a patient treatment plan - direct violation he's right.

Nuance 2

Of course, if the treatment is carried out successfully and efficiently, discomfort in oral cavity should not be a priori. However, it is possible that even after a long time after visiting the dentist, the problem in the oral cavity has not disappeared, but on the contrary, it has worsened. To protect your rights, you can contact a government bureau or other expert medical institution. If treatment was carried out in private clinic, feel free to contact the management of the institution with a demand to conduct an examination and eliminate the claim.

Alternatively, to protect their interests, a citizen can file a claim with the Ministry of Health or Roszdravnadzor. Based on the complaint, these structures are obliged to inspect the medical institution within a month.

Nuance 3

To protect your rights and interests, everyone legal methods are good, and if the claim procedure did not give positive result, there is another option - to file a claim in court.

The legal nuance of such a decision is the mandatory presence of properly executed documentation (agreement) confirming the fact of dental services received. By the way, everyone additional procedures carried out by the doctor during the treatment process must be reflected in an additional agreement to the contract. It is important that the fact of payment for medical services is confirmed by a cash receipt, which indicates the name and details of the clinic.

Contacting a lawyer is a way out of the situation

In order to solve the problem related to poor-quality dental services in a favorable manner, you can, of course, independently collect the necessary evidence of violation of your rights and study the relevant legislative norms. However, it would be more reasonable to contact the lawyers of the Malin Legal Center, who have successful experience in this field, necessary knowledge For successful solution issue and protection of patient rights.

It is important to understand that in the process of drawing up a claim or statement of claim in court, even the slightest nuance of treatment plays a role, as well as the sequence of actions of medical workers correctly reflected in the documents. The success of office work largely depends on these and many other nuances.

The quality of services in dentistry sometimes leaves much to be desired due to the oversaturation of this service market. Sometimes a mistake made by a dentist costs a person serious consequences that cannot be corrected in the future, or require serious correction. If you have suffered from the negligence of such a doctor, then you have every right file a lawsuit against the dentist demanding compensation for the damage caused by paying compensation.

To sue a dentist there must be grounds

Grounds for a claim against a dentist:

1. Incorrect diagnosis.

2. Getting injured during treatment.

3. Carrying out actions that resulted in complications.

4. Prescribing the pain reliever that caused your allergy.

5. Incorrect painkiller dosage.

6. Imposing an additional set of services for your own personal benefit.

If at least one of the above is familiar to you, then you should protect your rights in court.

What does practice say about suing dentists?

Patients who applied for free medical care, they think there is no point in complaining, but this is wrong. Let’s consider what to do so that in the future, if the above troubles arise, you will have the opportunity to challenge the doctor’s actions in court.

When you visit your doctor, ask him to draw up a treatment plan indicating the type of procedures and their time range. In any case, the dentist is obliged to do this, and completely free of charge, regardless of whether it is a paid clinic or not. If the dentist refuses to draw up a treatment plan for you, then we recommend contacting the clinic administration.

If discomfort in the mouth appears over time after treatment, then it is better to write a complaint to the Ministry of Health or Roszdravnadzor. Also go to this clinic and demand from the management that they fix the defect for you, after conducting an examination.

But if you haven’t found the truth anywhere, then it makes sense to write a statement of claim to the court. It’s good if you were treated in a paid clinic and you have a treatment plan in your hands indicating the warranty period for the work performed. If the doctor provided you with any additional services, then it is also important to add them to this agreement or attach additional agreement to the agreement. After payment, ask the clinic for a receipt with the name and details of the dentistry.

Download the statement of claim against the dentist in Word format:

When filing a claim against a dentist, you need to collect all the evidence that it was his actions that caused you damage. To build a clear action plan and collect the necessary evidence, it is better for you to seek help from a lawyer.

It is not so easy to sue a dentist and prove his guilt, but if you have a contract, a treatment plan and a check for payment for the services of this clinic in your hands, then most likely you will be able to prove your case, but by enlisting help experienced specialist in the field of law.