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Do you think that the doctor did not fulfill his duties? Do not be guided by emotions when assessing the effects of treatment. You need strong arguments to assert your rights. What to do to prove a doctor's error?

Based on the situation described below, it can be assumed that the doctor did not act in accordance with the rules of art. In such a situation, you can appeal to the doctor's office. There is no point in submitting a complaint to his immediate supervisor (e.g. the head of the clinic). He has no right to evaluate the treatment methods used. Each doctor makes an individual assessment of the patient's condition, based on the information obtained from him and his medical knowledge. The same case may be assessed differently by different doctors, and the assessments, although different, do not have to differ from the principles of medical art. During the treatment, complications may arise that do not result from the doctor's incompetence.

Problem

I have been undergoing treatment with the same dentist for ten years with my family. Recently, I have undergone a procedure involving tooth poisoning, extracting a nerve, cementing the canals and sealing. It cost PLN 600. Two months later, a severe toothache forced me to visit the dentist again. Luckily our doctor was on vacation and my friends recommended another one to me. I learned from him that the tooth was not poisoned at all and was not treated with a root canal. It has only been sealed. I believe this because another dentist also found neuritis. In a dead, I thought, tooth. Once again I underwent the entire root canal treatment. It cost me a lot of suffering and again about PLN 600 (elimination of inflammation, poisoning, removal of the nerve, cementing the canals, filling). After all this, I realized that I should make a complaint, but I don't know how to prove a malpractice and who to turn to. The tooth is now healed - there is no trace of the bruise. The only question is how many times have we been cheated in 10 years by a doctor whom we had complete confidence in.

However, what should we do if we believe that the doctor has made a mistake?

The instance we turn to is the Office of the Professional Liability Officer at the regional medical chamber. It is he who initiates the investigation.

According to the Code of Medical Ethics, a doctor whobelieves that the patient was poorly treated, he should inform his colleague who is in charge of the therapy. If he ignores his remark, he has a moral duty to report to the medical ethics committee. The patient does not need to know about it.

The same procedure applies as for prosecution. Stakeholders (patient and doctors) will testify before the ombudsman as witnesses. Doctors (in your case - three dentists) must present cards containing a description of treatment, performed procedures, etc. Based on the records in the cards, the spokesman assesses whether a mistake has been made. When the case raises doubts, experts (they are recognized specialists in a given field of medicine) are called to assess the medical procedure. If the ombudsman determines that there has been malpractice or malpractice, he or she refers the case to a medical court, which examines it and issues a judgment. If found guilty, the doctor will incur a pen alty, ranging from a reprimand to life imprisonment. However, the medical court does not decide on the form of compensation for the patient. This can only take place before a civil court (here, the proceedings may take place at the request of the injured party, regardless of the results of the work of the medical court, even at the same time). The court appoints its experts. If they decide that there has been a damage, the court will determine the form of compensation - from redressing the damage to paying annuity for life.

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