How and what to complain to the doctor? Advised by lawyer Tomáš Smolík

Complications after a medical procedure can arise from many causes. It is possible to complain about any medical procedure, even if the result did not meet expectations. “The most important thing is not to neglect the recommended care after performing a medical procedure, i.e. follow the recommended treatment procedures, diet, dosage of medication, etc.,” says lawyer Tomáš Smolík from DAS legal protection.

And he adds that if you follow all the doctor’s recommendations and still have complications, the doctor’s fault may be to blame. But there is a difference in claiming a defective product (e.g. a bridge) or performance (e.g. breast augmentation). But it always pays to know how to proceed correctly in order to claim your rights.

No plastic surgeon will model a 50-year-old chubby into a 20-year-old Barbie. It is therefore necessary in advance to have realistic ideas and to discuss the planned procedure with the surgeon in detail.

Choose your surgeon carefully

Do your research carefully when looking for a clinic and a specific doctor. “Consult with the doctor about complications that may arise, look at the doctor’s references, before and after photos of previous patients, etc.,” a lawyer advises. In addition, carefully study the terms and conditions and the complaint procedure.

Contact a doctor

If you are not satisfied with the result of the operation, first consult with the doctor who performed the procedure. In some situations, the problem can be solved with additional corrective actions.

Protest

If you are unable to reach a satisfactory solution with the surgeon (or clinic), you can file a complaint. “However, it is important to familiarize yourself with the complaints procedure of the medical facility, which should be part of the contractual terms and conditions, and proceed according to it,” recommended by Mgr. Pitcher.

The filling is “tricked” by the dentist

However, the consumer warranty does not cover seals. It is a dental procedure, not a product. “The dentist is responsible for the correct fabrication of the dental filling, and if you are not satisfied with the performance of this procedure, you should contact the attending physician who made the filling,” advises Mgr. Pitcher.

Advice: Get your tooth repaired elsewhere

Have you lost trust in your dentist? You can go to another doctor and solve the problem with him. “If it is sufficiently proven that the previous doctor made a mistake and the repair of the dental filling will be necessary due to the poor quality of the previous doctor, he should reimburse the patient for all the costs reasonably incurred by the patient in connection with this repair,” says the lawyer.

Loss or carelessness is your problem

However, you cannot make a claim for dental restorations, orthodontic appliances or medical and rehabilitation aids that have been lost or damaged due to incorrect handling.

Defective prosthesis? Ask for correction!

A bridge, a crown or a dental prosthesis are not “cheap”. However, many people have no idea that any defects in dental products can be claimed. “The warranty period for these individually manufactured products is 24 months. The dentist who applied the product is obliged to familiarize you with the complaints procedure and to handle any complaints within 30 days of their submission.” the lawyer explains.

✔ Consult a dentist

You should always address the complaint to the dentist who performed the work. He then has to deal with it, which may also include negotiations with the laboratory, if the fault could be on its side.

✔ Ask for confirmation

The dentist is obliged to provide you with a written confirmation of the content and date of the complaint and the method of handling it requested by you, whether you are requesting the removal of the defect or withdrawal from the contract and a refund.

“Subsequently, you should also receive confirmation from the dentist when and how you made your claimdriven,” the lawyer explains.

How to do it step by step

Get the documentation

Gather all medical records related to the procedure. The doctor must provide it to you, because by law the patient has the right not only to look at the medical documentation, but also to take extracts or copies from it. A copy may be charged, but you can take a photo of everything for free with your mobile phone.

Find an expert

Once you have your documentation together, have it reviewed by another medical professional. He can (usually for a fee) find out from the documentation whether everything is properly recorded in it and whether any errors could have occurred during the medical procedure.

“According to the law, medical documentation must be maintained in a verifiable, truthful, legible manner and must be continuously supplemented,” adds Mgr. Pitcher. At the same time, the doctor in question could tell you if it makes sense to continue with the complaint or complaint.

File a complaint

You can file an official complaint against the doctor’s procedure. It is given to the provider against which it is directed. For example, in the case of a complaint about the dentist’s work, directly to the dentist who performed the procedure. In the case of a doctor from a hospital ambulance, complain to the hospital directorate. By law, the complaint must be processed within 30 days, and the period begins on the day of filing.

Harvest it “higher”

Did the provider reject your complaint? You can complain to the relevant administrative authority that authorized the provider to provide health services. E.g. in the case of hospitals, it is usually the regional office. However, you must state the reasons why you do not agree with the rejection of your complaint. The deadline for processing a complaint is again 30 days, but in some cases it can be extended up to 120 days.

Complain to the »Chamber«

You can also file complaints against the doctor with the Czech Medical Chamber or the Czech Stomatological Chamber. But it must be done within one year of the doctor’s fault. The »Chamber« can then conduct disciplinary proceedings with the doctor. Be sure to detail all relevant facts in your complaint and support them with evidence, such as medical records or witness statements.

The last option is a lawyer

If the doctor did not act correctly, you can demand compensation for the damage caused to you by his incorrect procedure. However, the next procedure is worth discussing with a lawyer, ideally a specialist in healthcare law.