You call an ambulance, but they refuse! Where to complain?

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Every Russian has the right to medical care, which should be provided free of charge. In case of urgent need, the “03” service is obliged to go to the address from which the call came and provide qualified assistance to the patient. However, there are situations when the actions of doctors only make the patient worse. This may be an incorrect diagnosis or incorrectly selected treatment. It happens that the dispatcher completely refuses to call a medical team.

For your information

In such and other cases, negligent doctors can be influenced through legislation by writing a complaint about an ambulance.

Normative base

When filing a complaint against an ambulance, you should refer to the following legislative acts:

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

1. Federal Law N-323 “On the fundamentals of protecting the health of citizens in the Russian Federation” (in particular, articles , , , , ) is the main law on which you should rely.
2. Order of the Ministry of Health of the Russian Federation dated June 20, 2013 N 388n, approving the procedure for providing emergency medical care.
3. Order of the Ministry of Health of the Russian Federation dated January 22, 2016 N 33n (on amendments to Order dated 06.2013 N 388n).
4. Decree of the Government of the Russian Federation of December 8, 2017 N 1492.
5. Article 41 of the Constitution of the Russian Federation.
6. Article 16 of Federal Law No. 326 “On compulsory health insurance in the Russian Federation.”
7. In some situations, Art. 124 “Failure to provide assistance to a patient” and Art. 125 “Leaving in danger” of the Criminal Code of the Russian Federation.

What is the difference between ambulance and emergency?

Ambulance is a type of medical care intended for prompt assistance to citizens who have a real threat to life or health, for example, a person has fallen into a coma, has hypertension, a heart attack, stroke, etc.

Emergency help arrives if a person, for example, has a low temperature, a headache, or feels unwell. That is, the ambulance arrives when a person’s life is not in danger.

If you call an ambulance, be sure to explain what is wrong with you or the victim . Assess the degree of risk to life and health: if the person is very ill, then ask for an ambulance to come.

Reasons for complaining about an ambulance

In order to complain about ambulance workers, you need grounds. These include:

• long waits for a medical team or refusal to call;
• incorrect diagnosis;
• Having arrived at the address, the doctors delayed providing assistance;
• the doctor made an incorrect diagnosis;
• members of the medical team “03” showed negligence or incompetence in relation to the patient (this includes erroneous methods of examination or treatment, prescribing medications to which, according to the patient, he is allergic);
• lack of necessary medications (their list is indicated in Appendix No. 5 of Order of the Ministry of Health of the Russian Federation N 388n);
• the doctor is rude or rude to the patient, violating the norms of medical ethics;
• Ambulance workers ask for money for medical services.

Attention
If at least one of the above points is violated, the patient has the right to complain about the “03” service.

Frequent reasons for writing complaints against medical workers

Citizens file complaints about medical care to the following main authorities:

• the authority dealing with health issues in the subject of the federation - the Ministry or the Health Department of the subject;
• Ministry of Health of the Russian Federation. The Ministry of Health of the Russian Federation has organized a free 24-hour hotline - 8-800-200-03-89. The call is free;
• Roszdravnadzor;
• Prosecutor's office.

The response time to an oral complaint is 5-7 days. If the complaint is written at the federal level, then it will be sent to the regional Ministry of Health, which will make a final procedural decision to consider the complaint on its merits.

An ambulance is on its way to a call

Conflict situations between doctors and patients lead to unpleasant moments in the lives of both parties.

Hoping to find protection in court, patients lose their case and do not achieve justice.

To prove your case and receive court protection, you need to familiarize yourself with the situations for which you can actually write a complaint.

These include:

• Late provision of assistance to the patient.
• Incorrect diagnosis, which led to the prescription of unnecessary drugs and deterioration in overall health.
• Refusal to visit a patient or a long wait for help.
• Doctor's incompetence or negligence: erroneous examination of the patient, incorrect actions in providing assistance, ignoring the presence of allergies to drugs.
• Rude and humiliating treatment of patients.

Naturally, a doctor is not obliged to give compliments to a patient, but to provide assistance in a timely and qualified manner, to be friendly and respectful is the call of his profession.

Ambulance Responsibilities

The functions of service “03” are prescribed in Law No. 323-FZ, in Order of the Ministry of Health of the Russian Federation No. 33n and in Order No. 388n.

• The waiting time for ambulance service should not exceed 20 minutes.
• The medical team must provide assistance in a timely manner.
• Medical procedures must be carried out in accordance with the procedures defined for each specialized ambulance team.
• In accordance with his job description, the doctor is responsible for the correct conduct of all therapeutic and diagnostic procedures, the use of instruments, equipment and devices; for the rational use of drugs. The medical worker must carry out a set of measures to improve or stabilize the patient’s well-being.
• An emergency doctor must comply with professional ethics and avoid rudeness and humiliating behavior towards the patient.
• “03” service teams must work around the clock.
• Team “03” must organize transportation of the patient to a medical facility, if necessary.
• Providing assistance is free of charge.

Where to write a complaint about an ambulance?

If the patient’s rights, prescribed in Federal Law No. 323, were infringed by ambulance workers, it is worth filing a written complaint to higher authorities (Federal Law N-59 “On the procedure for considering appeals from citizens of the Russian Federation”).

A complaint about service “03” should be sent to:

• To the chief physician of service station “03”.
• Territorial branch of the Ministry of Health.
• Federal Service for Surveillance in Healthcare.
• Prosecutor's office. This law enforcement agency accepts requests from citizens to respond to the offense, conduct an appropriate investigation and punish the perpetrators.
• Court. Citizens have the right to defend their interests in court (Article 11 of the Civil Code of the Russian Federation).
• Police. Citizens can contact this body in order to record violations by medical workers and protect their rights. This concerns criminal actions on the part of doctors, which happens quite rarely.

Where to contact

An important factor in effectively solving the problem that the applicant decided to complain about is identifying the right addressee. Along with organizations that protect the rights of consumers in the general constitutional order, in Russia there are also narrow-profile supervisory organizations of the state and public nature.

To the management

Of course, contacting management can have an immediate effect on solving the problem. However, often such complaints do not bring real results, since they are unofficial. If you do not complain verbally, but file a claim in writing addressed to the management of the medical institution without notifying the supervisory authorities, then it may also remain without progress.

In many ways, the resolution of issues related to a patient’s complaint within the institution depends on the personal characteristics of the representatives of the management team, their openness and desire to improve the work of the hospital. When filing such a complaint, it is worth choosing the right addressee correctly, since there may be several managers present in the administration. The choice is also made based on the specifics of the incident.

To the Ministry of Health

Complaining to the Ministry of Health is necessary for a global inspection of the institution. This government agency does not have the right to refuse people who apply to consider their complaints (if the requirements for applications are met). At the same time, the Ministry of Health allows both personal visits to present a complaint on paper, and the use of online appeals for these purposes. Hotline numbers for counseling are also available.

If a person decides to complain about emergency care in electronic format, then they should go to the website of the territorial branch of the Ministry of Health. The main office will forward the civil request to the competent authority at the location of the situation, which will cause an extension of the waiting period for a response to the complaint.

To the prosecutor's office

Complaints to the prosecutor's office are aimed at checking the work of private and public organizations. You should complain to the prosecutor in person by filling out a written statement using the sample and in the order of priority, or by making an appointment. Complaints to the prosecutor's office are accepted both from individual applicants and groups of victims. The second is the most convincing for conducting an unscheduled inspection.

Here it is also possible to complain electronically, which is controlled by Federal Law No. 59. It is worth understanding that the prosecutor’s office, having not found a crime in the text of a written / electronic complaint about an ambulance or during an inspection, will send a response in the form of a refusal to initiate criminal or administrative cases or of a different nature. All complaints are also checked taking into account the order of the Prosecutor General No. 45.

Where to call

Each website of the corresponding structure must show the user a telephone number by which they can directly complain about the ambulance or clarify the work schedules of personal reception or the specifics of the verification stage. At the same time, it is necessary to distinguish between the main offices and territorial executive authorities. The second option is the most justified for finding suitable phones.

Available telephone numbers listed on the Ministry of Health website in order to complain about the functionality of the ambulance:

1. “Hotline” of Roszdravnadzor for the protection of citizens’ rights in the field of health care: 88005509903.
2. A single multi-channel telephone number valid for the subject and, possibly, separate numbers of the help desk, information department upon registration of applications from citizens.

The Prosecutor General's Office, located in Moscow, also has a single multi-channel telephone number for communication: 8 (495) 9875656. When calling local divisions of the prosecutor's office to complain about an ambulance, you should pay attention to their structure: city, interdistrict, city prosecutor's offices and rural areas. It is better to call with reference to the applicant’s place of residence.

Sample claim

When drawing up a written complaint against an ambulance, you must indicate the following details:

• Name of the authority and address where the document is sent.
• Full name of the applicant and his contact details.
• Title of the document (eg “Complaint about the ambulance service”).
• Narrative part (the applicant describes the incident, indicating all the clarifying details).
• An indication of the offense (or a list of them) on the part of the medical worker, with reference to the legal framework.
• The essence of the requirement.
• List of attached documents (if necessary).
• Date of document creation.
• Signature.

For your information,
a written complaint about the ambulance can be found here

Complaint form

The law does not define any requirements for filing a complaint about an ambulance.

In some Internet sources you can find an indication that the complaint must be written in business language and contain references to laws.

In fact, such requirements for this type of document are not imposed either by the police, or by the Ministry of Health, or even by the prosecutor’s office, since a complaint is not a statement of claim, and its compiler is not required to be a competent clerk or a lawyer versed in the nuances of the law.

The main requirement for a complaint is clarity of presentation. After reading the complaint, for example, the prosecutor must understand how and by whom the rights of the author of the complaint were violated, and what the author of the complaint wants.

There is a form and sample complaint on our website that you can use for your needs. The form will require the following information:

1. in the “header” indicate the addressee of the complaint and information (full name, address, contact details) of the author of the complaint;
2. indicate the name of the document - complaint;
3. state in as much detail as possible the circumstances that gave rise to the complaint (when the call was made, which team arrived, who provided assistance, why the author of the complaint believes that his rights were violated);
4. make a request (conduct an inspection, take action, etc.);
5. provide a list of attachments - supporting documents, if any;
6. sign the complaint and date it.

Step-by-step instructions for filing a complaint against an ambulance

1. A complaint about an ambulance must be made in writing in 2 copies. One is sent to the authorized authorities, the other is kept by the patient.
2. First, you should contact the head of the service station “03”. If the medical field team committed an obvious offense against the patient, the perpetrators of the incident may be punished by their immediate supervisor. He is obliged to accept a statement from the victim, consider it, take the necessary measures and give a written response.
3. A written complaint against emergency doctors can be submitted personally to the authorities dealing with citizens’ appeals. Each representative office of the Ministry of Health has offices dealing with issues of citizens' rights.
4. Complaints may be submitted by mail.
5. You can also complain via the Internet. Write in the Internet reception section or to the email address indicated on the official website of the territorial branch of the Ministry of Health or Roszdravnadzor.
6. Having filed a written complaint against medical workers of service “03”, you will have to wait for a response within 30 days from the date of filing (Part 1, Article 12 of Law No. 59-FZ.)

What does an ambulance service mean?

In the Russian Federation, emergency care for citizens is considered a free service. Lack of medical insurance cannot be an obstacle to receiving emergency care.

However, not every resident of the country is aware that the speed and quality of such services will depend on their type. There are two of them in our country:

• State emergency medical service for citizens. She comes to the patient only in case of a life threat. According to the law, she is given up to half an hour to visit the patient.
• Emergency medical service. The services of this service are provided even in the absence of a threat to life and health, but it can take about 2 hours to travel to the patient and this will be legal.

The service dispatcher determines what type of team to dispatch on a call.

Do you need to restore justice and you have no idea where to complain about emergency doctors who did not fulfill their medical duty? First, understand the legality of their behavior. If we consider the responsibilities of the medical personnel who arrive on call, they must urgently provide the required assistance or hospitalize the patient for inpatient treatment. If the patient refuses, the medical staff gives recommendations orally. Issuing certificates of illness or sick leave is not the responsibility of the team.

Complaint about a specific emergency doctor

According to the order of the Ministry of Health of the Russian Federation, N 388n, the doctor of service “03” must carry out his professional activities on the basis of approved standards. Its functions include diagnostics, treatment and resuscitation measures, and assessment of the severity of the patient’s condition. If the doctor has shown incompetence or negligence, the patient has the right to seek justice by filing a written complaint against the ambulance worker.

IMPORTANT

First, you should call the “03” service and find out which substation the applicant’s house belongs to. The title of the document should read: “complaint against an emergency physician.” In the text part it is necessary to describe the fact of the violation, the name of the doctor and the number of the team. More specific data should be indicated (names of medications, sequence of actions of medical personnel, etc.).

You can first file a complaint against a doctor at an ambulance station. A negligent doctor will be interviewed, discussed at a planning meeting, and as a result, the bonus will be deprived. In order to bring the doctor of service “03” to disciplinary liability, it makes sense to apply to the local branch of Roszdravnadzor. The specialists working in this authority have a medical education, can conduct an independent verification of the violation and have the authority to hold medical workers accountable.

Additional Information

Depending on the severity of the offense, you can file a complaint against the emergency doctor with other authorized bodies, at the discretion of the patient.

Our rights

Every person can receive qualified medical care:

• It does not matter his registration, citizenship, registration, absence or presence of passport data.
• Emergency assistance is provided free of charge.
• If medical workers ask a patient or his relatives for money for services or medicines when providing assistance, then this is a reason to contact the police.
• The patient has the right to refuse hospitalization on an urgent basis; for this he needs to write a receipt.

Claim for ambulance to the prosecutor's office

The prosecutor's office monitors the implementation of Russian legislation. An application should be sent to this body if a complaint about emergency care has already been submitted to the relevant authorities (Roszdravnadzor or the Ministry of Health of the Russian Federation), and the response received to the complaint is not satisfactory to the patient. Then the patient, faced with negligence, incompetence or other offenses on the part of medical personnel, has the right to file a complaint with the prosecutor's office with a request to conduct an appropriate inspection and punish the perpetrators.

For your information

In the header of the document you must indicate the name of the law enforcement agency and its address. In the text part of the complaint about an ambulance to the prosecutor's office, you need to clearly, in competent language, describe the essence of the incident, with the names of the actors and clarifying data. The following is a list of attached documentation. Here you must attach a copy of the response from the relevant authorities if the complaint has already been submitted to these authorities.

Before writing a written complaint, you should request a document confirming that the patient called the “03” team. This could be a copy of the call card, an extract from the register about contacting the Station during a certain period, etc. The ambulance station can issue these extracts only upon written request. They are provided either to the patient himself or to his legal representative (clause 3 of article 13 “Compliance with medical confidentiality” of Federal Law No. 323).

List of grounds for a complaint about an ambulance.

A complaint about an ambulance in Moscow will be justified if:

1. There was an unlawful refusal to leave.
2. The ambulance takes a long time to travel (take into account emergency and urgent care, traffic jams, and other urgent calls).
3. Help was not provided in a timely manner even with a quick arrival.
4. Rude behavior, negligence, incompetence, neglect.
5. There are no medications needed to help.
6. They demand money.
7. Transportation of the patient to the car is carried out by relatives and neighbors.

Important! If there is a complaint, there will definitely be a hearing.

The doctor will not be punished if they prove that a late arrival is due to force majeure, a lot of requests for 1 team, a shortage of specialists, traffic jams, no gasoline, etc.

Where to call to complain about an ambulance?

If the ambulance refuses to come

Violating Art. 11 Federal Law No. 323, employees of the “03” service give the patient a reason to file a complaint.

The ambulance cannot refuse a call without compelling reasons. The reasons for calling service “03” are listed in paragraphs 11 and 13 of Order N-388n of the Ministry of Health of the Russian Federation. The ambulance team must go to all citizens of the Russian Federation, regardless of their territorial location. Waiting times for the "03" service to hard-to-reach areas are adjusted based on location. If necessary, evacuation of the patient is organized.

IMPORTANT

Stateless persons and foreigners have equal rights with Russians to receive medical care (Article 19 of Federal Law No. 323).

If by calling “03” the patient is refused the call, the dispatcher can be brought to criminal liability, according to Art. 124 and art. 125 of the Criminal Code of the Russian Federation. In such cases, it is often enough to call “02”, and the police officers will contact the ambulance dispatcher. This call disciplines the employees of station “03”.

When can an ambulance refuse to come?

Reasons for justified refusal to call service “03”:

• The patient's condition is satisfactory and he is already registered in the hospital.
• A man is drunk and calls the “03” service in order to relieve a hangover.
• Call to relieve toothache.
• Dressing of wounds, injections, inhalations and other planned procedures prescribed by the attending physician.
• Call to write a prescription for a drug.
• Ascertainment of death.
• If the patient calls an ambulance to be taken to the hospital. In situations that do not require emergency medical intervention, the patient must independently get to the medical facility.

Nuances

Attention:
A complaint about an ambulance must be written in a business style. You must not make mistakes or blots in the document.

It is advisable that the complaint be accompanied by evidence of a violation on the part of the ambulance doctors. This could be photos or videos, eyewitness accounts, documents confirming the doctor’s incorrect actions. With this evidence base, the patient will have a better chance of achieving justice.

Additional Information

The applicant may demand the imposition of a disciplinary sanction on the medical worker, compensation for damage to health in material form, or dismissal under the article.

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