How to sue a dentist Complaint for the provision of poor-quality dental services

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

The dentist, in accordance with applicable law, is obliged not to harm his patient's health and moral damage. For careless errors or intentional actions, harm caused in the field of medicine, there are different liability in the law, up to criminal. If you have a badly cured tooth or spoiled healthy teeth Feel free to contact us for legal assistance.

Remember that dental errors can lead to even more serious problems, which will be difficult, long, expensive or simply impossible to fix in the future. For the negligence or incompetence of the dentist, the patient may demand compensation in monetary terms. It doesn't matter if it's paid or free treatment was carried out for him.

What can a dentist be responsible for?

Our lawyers have long specialized in holding doctors and medical workers, incl. dentists. Lawsuits against dentists have ceased to be an exotic rarity and have become an ordinary lawyer and judicial practice. And all this thanks to patients who do not want to slow down incompetence individual representatives modern medicine.

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

1. Incorrect diagnosis, which led to a deterioration in the patient's health, a complication of his dental disease.
2. Caused by a dentist during treatment of an injury to a patient. At the same time, the severity of liability directly depends on the severity of the harm caused intentionally or through negligence to the health of the patient, up to his death.
3. The imposition of 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 takes place, then you can safely go to court to recover the harm caused, incl. through the involvement of the dentist in criminal liability.

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

How to protect yourself in advance?

When going to court, remember that evidence will be required to decide in your favor. This applies equally to both paid and free dental care. That is why you should take care of collecting all the necessary documents in advance.

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

During the first consultation, ask the dentist to draw up a treatment plan indicating the time and scope of all upcoming procedures. This plan is made free of charge and gives a guarantee that the client will no longer be "pulled" money. A copy is given to the patient. In the future, the plan will become good evidence in a lawsuit.

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

It is important to immediately write a complaint to the Ministry of Health and (or) Federal Service on Supervision in the Sphere of Healthcare (Roszdravnadzor). They're in month are obliged to check the clinic indicated by you. And the management of private dentistry can also be contacted in a complaint procedure.

Trial

If in pre-trial order the problem of substandard medical services failed to resolve, then the affected patient can file a claim against the dental clinic in the district court, attaching all the evidence he has 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 competently, consistently and clearly state your position, present the available evidence to the court in a timely manner, draw up the necessary procedural documents and, as a result, win your case.

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• Suing the dentist
• Protecting the Rights of Dental Patients
• How to sue a doctor?
• How to sue dental clinic who provided substandard services?
• Blatant deception in the dental clinic
• Dissatisfied with the services of a dentist? Complain!
• sue dentistry
• Trial of a dentist
• The court punished the dentist, through the fault of which the child swallowed the tool
• Find out now! To whom to complain if you are not satisfied with the services of the dentist

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

How to sue a dental clinic?

Based on the foregoing, guided by Articles 5,18,19 of the Law "On Protection of Consumer Rights", Articles 309,314, Clause 2 of Article 450, Article 454, Clause 1,2 of Article 469, Clause 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. Return 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-listing Money within 7 days from the date of receipt of this claim to LLC "", complaints will be sent to the Rospotrebnadzor of Moscow.

and a lawsuit in court. Appendix: 1.Copy of the Rendering Agreement dental services.

Dentist's medical error: will the court protect?

To apply to a dental clinic in court, more compelling reasons are required, for example:

• The doctor removed a healthy tooth to the patient;
• During a major surgical operation an infection has been introduced;
• The doctor put misdiagnosis, which led to a deterioration in the condition of the teeth;
• Mistakes in diagnostics varying degrees seriousness;
• Refusal of emergency admission, which led to an increase in inflammatory process and various complications
• Making mistakes in medical records;
• Prescribing an erroneous prescription;

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

How to sue a dentist?

Artem Ivanov died during a reception with Kershina after an anesthetic injection. According to the investigation, the cause of death was an overdose of lidocaine. Kershina mistakenly injected the boy with a solution containing a concentration of lidocaine that exceeded allowable rate more than three times.

Info

The court punished the dentist, through whose fault the child swallowed the tool Thirty thousand rubles - this is the price for negligence in work, which one of the dental firms in Saratov will pay. Such a decision was made the other day by Saratov 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 did not end quite traditionally: an ambulance was called and an operation was performed. The baby had to undergo surgical intervention for removal from the stomach foreign body.

How to sue a dental clinic

Attention

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

How to sue a dental clinic step by step

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 set, but it is not set, is prohibited. The seller has the right to establish a warranty period for the goods, if it is not established by the manufacturer. The seller has the right to assume an obligation in respect of 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 duration of such an obligation and the procedure for exercising the rights under such an obligation by the consumer are determined by the agreement between the consumer and the seller. The warranty period for the goods is calculated from the moment of signing the Transfer and Acceptance Certificate. I have not signed anything of the kind. In connection with the current situation, I was left without money and without teeth.

Suing the dentist

But you can protect your rights! How to do it right? Dmitry Lesnyak, lawyer of the Society for the Protection of Consumer Rights, tells. The majority of Russians dental care go to public 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 a dentist for prevention.

In principle, nothing bothered me and my teeth did not hurt at all. At the consultation, the doctor found 2 caries in me and offered to treat them, to which, of course, I agreed. Immediately after the end of anesthesia, that is, already at home, I began to feel pain in two of my teeth.
Such a throbbing characteristic toothache. Trial of a dentist On December 16, the Vologda City Court delivered a verdict in the case of dentist Natalya Kershina, who was accused of killing a 4-year-old child, the channel reports.

I was prescribed a long course of treatment, I was unable to work. I had to pay for these services in the amount of rubles. As a result of this whole situation, my pancreas became aggravated (as a result of chronic pancreatitis and cholecystitis) According to paragraph 5 of this contract for the provision of dental services, the CONTRACTOR is responsible for the services provided under the current legislation.

The customer duly fulfilled his obligations to pay money for the services. Relations between the Seller and the Buyer arise from the contract of sale, which are regulated by Chapter 30 of the Civil Code of the Russian Federation.

Litigation against a dental clinic

During these three days, Yegorov had to actually treat acute toothache at home with painkillers. Anesthesia was used for tooth extraction. Protection of the rights of patients in dentistry Who among us has not heard the claims of patients of dentists for the poor quality of the provision of paid medical services? This article will discuss how patients of dentists competently defend their rights. And so you have poorly cured your teeth? Please note: correctly collected evidence in 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 talk about the requirements for a civil lawsuit.
I have to go to another clinic for quality treatment. In another clinic, this service costs Rs. According to paragraph 1 of Article 18 of the Law “On Protection of Consumer Rights”, in relation to a technically complex product, the consumer, in case of detection of shortcomings in it, has the right to refuse to fulfill the contract of sale and demand the return of the amount paid for such goods or demand that it be replaced with goods of the same brand (model, article) with the 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 are subject to satisfaction in one of the the following cases: detection of a significant lack of goods; violation of the deadlines established by this Law for the elimination of defects in goods.

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Rare case- the patient was able to prove in court that he was treated incorrectly and harmed his health. The decision was made in favor of Anton Zamaraev, a citizen of Cherepovda 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 liable for poor quality service.

No answer, no hello

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

He turned to the doctors of this dentistry twice: the first time he was treated for a diseased 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 was a piece of filling material that got into maxillary sinus and causing infection.

The operation, during which in April 2015 the doctors eliminated the foreign body in the patient's left maxillary sinus, ended with complications. Anton Andreevich spent 18 days on sick leave, including ten in the hospital.

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

Was the doctor wrong?

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

Anton Zamaraev applied for the appointment forensic medical examination, and representatives of the clinic objected to this. Nevertheless, the court found the plaintiff's request lawful and justified. As a result, the commission of experts of the BUZ VO "Bureau of Forensic Medical Examination" made conclusions confirming the guilt of the clinic.

So, the commission of experts stated that since a lot of time passed between the primary and secondary visits of Zamaraev to the clinic, the doctor had to choose 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 the technique, which could consist of both wrong definition the depth of the canal of the tooth, and in an excess amount of the entered filling paste.

But after the treatment, the 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 about this to the patient, did not send him for a recommendation to maxillofacial surgeon and did not appoint preventive treatment possible complications. The involved specialists also noted the fact that the clinic made very meager records of the treatment of the patient, not indicating significant circumstances - for example, the amount of medication administered to the patient.

The experts answered

Answering the question of the court, the experts pointed out that the ingress of a foreign body during proper treatment it would be impossible, but with the wrong one, which is observed in the case of Zamaraev, it is quite probable. They rejected the assumption that the foreign body was brought into the patient's maxillary sinus earlier, during the treatment of another tooth, as insisted by the representatives of the clinic.

Answer the question of whether there is a causal relationship between wrong treatment of 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 treatment of the tooth and the ingress 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 and that the testimony of the attending physician who performed the operation on Anton Zamaraev did not contradict the conclusions of the experts. The fact of poor-quality treatment was confirmed in the court of first instance, and the representatives of the clinic could not prove their case to the court.

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

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

Modern Russian market services various areas overloaded with offers. As they say, if there is a demand, then there is a 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 is no exception. And if in other areas the situation or the situation can be corrected, limiting itself to an unpleasant impression from cooperation with non-professionals, then poor-quality medical services relate to the most intimate of a person - health, which is sometimes impossible to restore due to the negligent attitude 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 incompetence, for example, of 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, the paid or free basis of treatment does not play a role.

As evidenced by the successful legal practice Lawyers of the Patients' Rights Defense League, the most common grounds for starting proceedings in court against the negligence of dentists are diagnostic errors, trauma to the patient during treatment, as well as incorrect work that provoked further complications. You can safely file a lawsuit in court if the doctor has incorrectly prescribed an anesthetic drug, as a result of which the patient's state of health has worsened. Common cases for going to court are also the imposition by the dentist of medical services that are irrelevant to the patient, involving additional earnings 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, the provision of poor-quality medical services by him can equally be carried out both with free medical care and in the case of treatment on a paid basis. There are certain legal nuances that any patient must be aware of.

Nuance 1

During the first consultation in without fail the doctor should draw up a treatment plan from which one can easily understand the sequence of actions of the doctor 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 the 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 prepared free of charge and after it is approved by the patient, the doctor cannot change the order of treatment.

If the doctor refuses to provide a treatment plan for any reason, you can safely complain to the administration of the clinic. You have the right to do so because the lack of a patient treatment plan - direct violation his rights.

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 did not disappear, but on the contrary, it worsened. To protect your rights, you can contact a government bureau or other expert medical institution. If the treatment was carried out in private clinic, feel free to contact the management of the institution with the requirement to conduct an examination and eliminate the claim.

Alternatively, in order to protect their interests, a citizen can file a claim with the Ministry of Health or Roszdravnadzor. Based on the claim, these structures are obliged to carry out an inspection of the medical institution within a month.

Nuance 3

To protect their rights and interests, all legal methods are good, and if the claim order did not give positive result There is another option - to file a lawsuit in court.

The legal nuance of such a decision is the mandatory presence of properly executed documentation (agreement) confirming the fact of received dental services. By the way, everything additional procedures carried out by the doctor in the course of treatment should be displayed 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.

Turning to lawyers - a way out of the situation

In order to solve the problem associated with poor-quality dental services in a favorable way, naturally, you can independently collect the necessary evidence of a violation of your rights and study the relevant legislative norms. However, it would be more reasonable to contact the lawyers of the Malina Legal Center, who have successful experience in this area, necessary knowledge For successful solution issue and protect the rights of the patient.

It is important to understand that in the process of drawing up a claim or a statement of claim to the court, even the slightest nuance of treatment, the sequence of actions of medical workers correctly displayed in the documents, plays a role. 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 not subject to correction in the future, or requiring serious correction. If you have suffered from the negligence of such a doctor, then you have full right sue the dentist for damages by paying compensation.

There must be grounds to sue a dentist

Grounds for a claim against a dentist:

1. Wrong diagnosis.

2. Getting injured during treatment.

3. Carrying out actions, the consequences of which were complications.

4. Prescribing an anesthetic that caused your allergy.

5. Wrong dosage of painkiller.

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 must protect your rights in court.

What does practice say about suing dentists?

Patients who applied for free medical care, believe that there is no point in complaining, but this is wrong. Consider what should be done so that in the future, in the event of the above troubles, you have the opportunity to challenge the actions of the doctor in court.

When you come to a consultation with a 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 the clinic is paid or not. If the dentist refuses to plan your treatment, then we recommend that you contact the clinic administration.

If discomfort in the mouth manifested itself over time after treatment, then it is better to write a complaint to the Ministry of Health or to Roszdravnadzor. Also go to this clinic and ask the management to eliminate the defect for you, after conducting an examination.

But if you didn’t find 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 on hand indicating the terms of the guarantee for the work performed. If the doctor has provided you with any additional services, then it is also important to add them to this contract or attach additional agreement to the contract. After payment, ask the clinic for a check with the name and details of the dentistry.

Download the statement of claim for a dentist in Word format:

When compiling a dentist, you need to collect all the evidence that it was his actions that caused you damage. To build a clear plan of action and collect the necessary evidence, it is better for you to seek the help of 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 paying for the services of this clinic, then most likely you will be able to prove your case, but with the help of an experienced specialist in the field of law.