Medical services

What is happening

Dentistry is the most common case: crowns fail, an implant is rejected, a tooth has to be extracted after root canal treatment. The clinic offers to redo the work at a discount, but trust has gone, and the patient wants a refund and to pay for treatment elsewhere.

Cosmetic procedures and plastic surgery: the result is not what was promised, there are scars or asymmetry, or complications set in. Often it turns out the patient was not warned of the risks, or the consent form was signed in a hurry as a formality.

Diagnosis and treatment: a missed diagnosis, the wrong therapy, complications after surgery. The central question here is whether the care fell short and whether the harm to health is linked to it.

What the law says

• Patients' rights and the liability of medical organisations are set by Federal Law No. 323-FZ of 21 November 2011 "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation" (the Health Protection Law): harm to life or health caused in the course of medical care is compensated by the medical organisation.
• Patients are entitled to their medical records, copies and extracts; in practice this is the first step in any dispute, and a clinic's refusal to release them is itself a breach.
• Any medical intervention must be preceded by informed voluntary consent; if risks and alternatives were not explained, that is a separate ground for a claim.
• Paid medical services are also covered by the Law of the Russian Federation No. 2300-1 of 7 February 1992 "On Consumer Rights Protection" (the Consumer Protection Law): for deficient services the patient may seek a price reduction, reimbursement of the cost of corrective treatment or cancellation of the contract, and a court adds a fine where the demands were not met voluntarily.
• Harm caused by deficiencies in a service is compensated by the provider under the Civil Code regardless of fault; compensation for distress is awarded in addition.
• The quality of care and the link between shortcomings and the consequences are usually established in court by a forensic medical examination; for treatment under compulsory medical insurance, the patient's medical insurer can carry out a quality-of-care review on request.

What we do

• We request the medical record, contract, consent forms, test results and scans from the clinic and, if it refuses, pursue them through the supervisory authorities.
• We bring in a specialist doctor in the relevant field for a preliminary view: are there signs of deficient care, and is a dispute worthwhile.
• We examine the contract and consent form: what was promised, which risks were disclosed and what the price covered.
• We prepare a claim to the clinic for a refund, the cost of further treatment and compensation for distress.
• We draft the lawsuit, frame the questions for the forensic medical examination and propose expert institutions.
• We represent you in court and take part in questioning the experts.

What we will need from you

• The contract with the clinic, annexes, price list or treatment plan, and proof of payment.
• The medical documents you hold: discharge summaries, reports, scans and test results.
• Consent forms and any other papers you signed.
• Records of later treatment at another clinic and what it cost.
• Before and after photos, and correspondence with the doctor and clinic management.
• A timeline: when you attended, what was done and when the problems began.