Attorney
Medical lawyer. Specializes in protecting the rights of doctors and patients, handling medical malpractice and liability cases, supporting disability determination and appeals procedures, and providing legal analysis of medical documentation.
Complaint against the actions of the surgeon
Medical care is an area of heightened responsibility, where even one mistake can cost a patient their health, and sometimes their life. Unfortunately, in practice, there are cases when a surgeon acts unprofessionally, carelessly, or in violation of medical standards. In such a situation, the patient has every right to file a complaint about the surgeon's actions and demand an objective consideration of the incident.
Reasons for a complaint against a surgeon
- Medical error - improper performance of an operation, which led to complications or deterioration of health.
- Negligence - violation of protocols, improper care / untimely response to complications.
- Insufficient information - the surgeon did not explain the risks, alternatives, or consequences of the operation.
- Unprofessional behavior - rudeness, ethical violations, or unethical attitude towards the patient.
One of the most common reasons is an unsatisfactory result of the operation, which arose not due to the individual characteristics of the body, but as a result of a medical error. There are also frequent cases where the surgeon did not provide the patient with complete information about possible complications, alternative treatment methods, or consequences of the operation.
Where to complain about the actions of a surgeon?
If you have become a victim of medical error, unqualified actions or unethical behavior of a surgeon - it is important to know where to contact with a complaint.
- The head physician is the first step. Submit a written complaint to the head of the medical institution.
- Department of Health - if the hospital does not respond, contact the local department.
- NSZU (National Health Service of Ukraine):
- electronic form in the "For Citizens" section on the NSZU website;
- by toll-free contact center number: 16-77;
- by e-mail: info@nszu.gov.ua;
- by mail: Kyiv, Stepana Bandera Ave., 19, 04073;
- in person at the reception of citizens.
- Appeal to the Clinical Expert Commission (CEC)
Any citizen has the right to submit a written application for a CEC to the health department or the Ministry of Health of Ukraine.
What to indicate in the complaint:
- full details of the patient (full name, date of birth);
- date and description of the incident;
- name of the hospital and details of the surgeon;
- essence of the violation: negligence, extortion of money, refusal to provide assistance, etc.;
- contact information of the complainant;
- copies of checks, photos, videos or other evidence.
Is it possible to sue the surgeon's actions?
In addition to the administrative method of appeal, the patient has the right to go to court with a statement of claim and demand compensation for damage. Here you need to contact a qualified lawyer who will support your case and submit all the necessary information to the administrative court, since it is quite difficult to do everything yourself.
Recommendations for the patient on filing a complaint
- Gather the evidence base. The basis of any complaint is facts. Be sure to provide documents that support your words.
- Get an alternative medical assessment. Contact an independent doctor for a re-examination / examination.
- Consult a medical lawyer. A lawyer specializing in medical cases will help you correctly formulate a complaint, collect documents, determine the most effective way to file - administrative or judicial.
- Record all interactions with medical professionals. Write down in writing who told you what, especially in cases where payment for services, refusal of care or pressure is involved.
- Act on time. Do not delay - the sooner you file a complaint after the incident, the higher the chances of an effective investigation. Usually the deadline for filing a claim is up to 1 year from the moment of the incident, but the sooner the better.
Why should you contact the Law Firm "Prіkhodko and Partners"?
"Prіkhodko and Partners" is a team of experienced specialists specializing in medical law. We help patients protect their rights in the most difficult situations: from unsuccessful plastic surgeries to systemic medical errors.
We offer:
- professional legal advice with a legal analysis of your situation;
- preparation of a full package of documents for filing a complaint;
- writing a legally substantiated complaint with an evidence base;
- support in submitting documents to the Ministry of Health, National Health Insurance Fund, and health departments;
- representation in courts and appealing the actions of medical institutions.
Do not postpone solving the problem - the sooner you contact us, the more chances for a positive result. Contact us now, and our lawyer will help you choose the most effective way to protect your rights.
Do not postpone solving the problem - the sooner you contact us, the more chances for a positive result. Contact us now, and our lawyer will help you choose the most effective way to protect your rights.
Calculate the cost of services
1 question
Do you need to file a complaint about medical error during surgery or treatment?
2 question
Do you have medical documents confirming the course of treatment?
3 question
Were you properly informed about the risks of the treatment/surgery?
What to do if I am not in Kyiv?
Medical law covers a very wide range of services, and most of them can be provided remotely – with modern technologies, this is not only possible but also more convenient and efficient. Even court sessions are not an obstacle – we participate in them online.
At the same time, it is possible for a lawyer to travel outside Kyiv and the region to provide certain services.
Contact and clarify information by phone!
How can I get a disability group?
In order to understand whether you can receive a disability group, a lawyer studies your medical documents in detail, consults with specialist doctors, and then concludes whether you have grounds for registering a disability and which group.
If there are grounds, the lawyer gives comprehensive advice on what and how to do to maximize the chances of receiving a positive opinion of the medical board.
If necessary, the lawyer provides full support.
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