What to do if you want to complain about a doctor?

JUDr. Ondřej Preuss, Ph.D.
25. March 2022
7 minutes of reading
7 minutes of reading
Citizens and the state

Have you experienced inappropriate or arrogant behaviour from a doctor? Did the doctor make light of your serious medical condition or suggest an incorrect procedure? If you believe the doctor acted improperly or inappropriately, you can file a complaint directly with the health care facility, or with the regional authority, health insurer or professional chamber. In serious cases, it is also possible to file a lawsuit or a criminal complaint.

zdravotnictví, nespokojenost, stížnost

Quick overview

If you want to file a complaint against a doctor:

  • first, submit it to the medical facility (chief medical officer, director)

  • if you are not satisfied, contact the regional authority

  • in case of unethical behaviour, you can contact the Czech Medical Chamber

  • problems with billing are solved by the health insurance company

  • in case of damage to health, you can take legal action

If you are considering taking legal action against a doctor or want to claim compensation, we will be happy to prepare all the necessary documents and defend your rights.

We will respond to unpleasant remarks with a cool head

You’re standing in your underwear, contemplating your medical condition, and a doctor is standing across from you – a person you perceive as an authority figure and allow to make some degree of decisions about your body and health. In such a situation, you are naturally vulnerable and more sensitive than ever.

If you are offended by a comment or remark made by a doctor, it may be because of this specific situation. So if you are wondering what the doctor said to you, try not to act rashly and give it some time. Feel free to discuss it with someone you trust and describe the situation to them.

If you are convinced that your indignation is justified the next day, take your complaint first to the doctor’s supervisor. This may be the head of the department or the director of the health facility. You can complain verbally or by telephone, but a written complaint always carries more weight. You can also expect a written response.

What to include in a complaint against a doctor

  • name, surname and contact details,
  • the name of the health care facility and the name of the doctor you are complaining about, including his or her address,
  • why you disagree with the doctor’s procedure or behaviour,
  • a description of the incident (medical history, procedure, comparison of medical condition before and after the incident, doctor’s behaviour…),
  • date,
  • signature.

If you are not satisfied with the handling of your complaint, you can also contact the administrative authority that authorised the health care facility to provide health services. This is usually the regional authority in whose district the health facility is located.

Where can I turn for more serious complaints?

There are situations that do not require much thought. If a doctor has engaged in vulgarity, sexual harassment or other behaviour that is clearly out of line, then it is worth overcoming your embarrassment and bringing such behaviour to the attention of the relevant authorities. Let’s see which ones they are.

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Health Ombudsman

Some hospitals set up so-called health ombudsmen for patients. However, this is not a public institution like the Ombudsman.

The health ombudsman should assess the situation independently and give you the solution you are entitled to. On the other hand, however, they are still an employee of the facility in question, who is unlikely to advise you to sue the hospital for the tens of thousands that you might be entitled to under the law in that situation.

Let us add that in some cases, regional authorities also set up ombudsmen.

Health insurance companies

If you have complaints about the functioning and operation of your doctor’s office, you can contact your health insurance company, which is also your doctor’s contractual insurer.

If your doctor has billed you for something he or she was not entitled to, or has billed for a procedure he or she did not even perform, the health insurer should know about it. You can also let it know about a situation where the doctor is clearly not keeping the announced office hours.

Tip for article

Tip: VZP informs about the possibility of filing complaints against doctors on its website.

Czech Medical and Czech Dental Chamber

In case of grossly unethical behaviour or even suspicion of misdiagnosis, do not hesitate to contact one of the professional chambers, i.e. the Czech Medical Chamber or the Czech Dental Chamber. You have one year to file a complaint.

A written complaint must be dealt with by the relevant chamber within six months. However, the professional chambers only deal with complaints about the behaviour of doctors, not other health professionals.

In practice, we often see patients complaining too generally. Without a specific description of the incident and evidence, the handling of the complaint is often formal and inconclusive. That’s why we offer legal representation, which includes drafting the complaint so that you have a chance of it actually being dealt with.

Claim in court

If you believe that your health has been harmed, then mere complaints are not the way to go and a court action or criminal complaint should be considered . As a lay person, you may not know the correct medical procedure, so it is a good idea to consult another doctor or get an expert opinion first.

If you are considering a lawsuit for damages caused by a doctor, it is advisable to have your case legally evaluated first. We can help you evaluate the chances of litigation and prepare a course of action.

Tip for article

Tip: We have written an article on how to proceed if you want to use the services of an expert witness.

Accusing a doctor of malpractice is a serious matter that needs to be well argued and substantiated. No important detail should be overlooked.

An attorney can work with you to first prepare a pre-suit demand letter in which you describe what the doctor’s faulty procedure caused you, quantifying any damages, including lost profits, for example.

You should rely not only on how you feel about the treatment, but primarily on facts based on your medical records. This should be provided by your doctor within 30 days of receiving your claim. There is often a charge for this service.

If you suspect that a criminal offence may have even been committed as a result of the doctor’s actions, you can contact the law enforcement authorities.

However, in our practice, most disputes with doctors are resolved before the courts – for example, by means of a pre-action notice.

Help from a patient organisation

Patient organisations are mainly non-profit organisations that bring together patients, their relatives and sometimes doctors. They usually focus on a specific type of illness, provide information about it, organise meetings or advice on the topic and defend the interests of their members.

It is a good idea to contact such an organisation when you need to know which medical facility specialises in your problem, which one has good experience, or what information you need to know to set up effective treatment. Organisations can also offer psychological support or the opportunity to share feelings or experiences.

Summary

If you are unhappy with the doctor’s behaviour or have doubts about the correctness of his or her actions, you can make a complaint in several ways, depending on the severity of the situation. Firstly, it is advisable to contact the management of the healthcare facility where the doctor works directly and ideally put your complaint in writing, describing the incident and giving basic details of the case. If you are not satisfied with the handling, you can contact the regional authority, the health insurance company or professional chambers such as the Czech Medical Chamber. In cases of serious misconduct, damage to health or unethical behaviour, a claim for damages or criminal charges may also be appropriate.

Frequently Asked Questions

Can I file a complaint against a doctor anonymously?

Yes, it is possible to make an anonymous complaint to, for example, a healthcare facility or a professional chamber. However, it is significantly less effective for processing, as the authorities often need to supplement information or document the specific circumstances of the case. If you want to obtain specific redress, it is usually better to give your name and contact details.

How long does it take to resolve a complaint against a doctor?

The length of time it takes to process your complaint depends on the institution you complain to. The health centre or regional authority should respond without undue delay, usually within a few weeks. Professional chambers have up to six months to deal with complaints.

Can I sue a doctor for misdiagnosis?

Yes, but a misdiagnosis alone does not automatically make a doctor legally liable. It must be shown that the doctor acted in breach of professional standards and that this caused the patient harm or injury. Such cases are usually judged by medical experts.

How do I obtain medical records for a complaint or lawsuit?

The patient has the right to ask for a copy of their medical records. The healthcare provider must make it available, as a rule, within 30 days of the request. The healthcare facility may charge a reasonable fee for obtaining copies.

What to do if the doctor refuses to accept the complaint?

If the health facility does not accept or handle the complaint, you can contact the administrative authority that authorised the facility to provide health services – usually the regional authority. This may review the health facility’s actions.

Can I also complain about the nurse or other staff?

Yes, you can also complain about other medical staff. In this case, it is advisable to contact the management of the healthcare facility or the regional authority directly.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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