A Private Clinic Is a Service Provider Under a Contract
The key legal point: when you attend a private clinic, you enter into a medical services agreement. These relations are governed not only by healthcare legislation but also by Consumer Protection Law (Federal Law No. 2300-1).
This means:
- the clinic is responsible for the quality of its services,
- you may claim a refund for substandard services,
- the clinic must inform you of risks and alternatives,
- disputes are handled by general jurisdiction courts applying consumer protection legislation.
What the Clinic Is Obliged to Do
Obtain informed voluntary consent. Before any procedure, the clinic must explain its nature, risks, and alternatives, and obtain written consent (Article 20 of Federal Law No. 323-FZ). A blanket “consent to everything” signed on arrival is not proper consent.
Provide medical records. On your request, the clinic must issue copies of your medical file, test results, and other documentation within 30 days.
Maintain transparent pricing. The cost of every service must be listed in the price schedule. The clinic may not charge for services that were not agreed upon.
Comply with treatment standards. A private clinic must follow the clinical guidelines and healthcare standards approved by the Ministry of Health.
When You Can Claim a Refund
The service was not provided or was provided deficiently. If prescribed treatment produced no result and the cause is the clinic’s improper performance of its obligations, this is grounds for a refund.
The service was not agreed upon. If the clinic carried out tests or procedures without your consent and billed for them, you are entitled to refuse to pay.
Deadlines were missed. Under the contract — as set out in the contract; absent a contract — within a reasonable time.
How to Obtain Compensation
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Document the violation. Obtain all documents: the contract, receipts, medical file, and test results.
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Send a written complaint to the clinic. The response deadline is 10 days (Consumer Protection Law). The complaint is a mandatory pre-litigation step for most claims and interrupts the limitation period.
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File a complaint with Rospotrebnadzor. The supervisory authority may inspect the clinic and issue a compliance order.
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File a court claim. In consumer cases, no court filing fee is payable on claims up to 1,000,000 rubles. In addition to the principal amount, you may claim a penalty (1% of the amount per day of delay) and compensation for moral harm.
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Did a private clinic provide substandard service or charge for unnecessary procedures? Contact us for a consultation — we will prepare a complaint and a statement of claim to recover the money.