Dental implantation contract

Medical documentation accompanies the legal relationship between an individual / legal entity and a medical institution. Proper and careful execution of such documentation will help protect the rights of not only the client, but also the dental clinic.

A contract for the provision of paid dental services is a document concluded between the clinic and an individual or legal entity. The subject is the provision of paid dental care. The requirements for the performance of these works are established by the Ministry of Health of the Russian Federation. Paid work is carried out with a license for medical activities. Clinics should monitor the compliance of the provided care with the requirements of the laws of the Russian Federation.

Contract for the provision of services and accession

This is a bilateral agreement securing mutually beneficial, voluntary interaction between the customer and the contractor.

The institution undertakes to provide dental care to the client, and he is obliged to pay for the work. The procedure for payment is provided, the terms of calculation and execution are mandatory conditions. This type of agreement is concluded by the clinic not only with an individual, but also with an organization.

The legislation of the Russian Federation provides that Articles 702-729 of the Civil Code of the Russian Federation are applicable to this document. on contracting, Articles 730-739 of the Civil Code of the Russian Federation on consumer contracts, for example, in the manufacture of dental prostheses.

Accession agreement - in accordance with Article 428 of the Civil Code of the Russian Federation, this is a document, the terms of which the contractor indicates in standard forms. The customer accepts the terms by joining the agreement. The medical institution indicates the types of work in the conditions for joining a specific medical examination. The client, as an acceding party, has the right to demand changes or termination of the agreement in the event that such in any way restricts the rights of the acceding party.

Features of contractual relations with persons under 18 years of age

A party to the contractual relationship can be a legal entity or an individual who pays for dental care for another person. The customer is a legal representative of a minor or a minor himself over 14 years of age. There are the following features of the contractual relationship:

1. Person under the age of 14. Agreements on behalf of persons under the age of 14 can be concluded by legal representatives, such can be adoptive parents, guardians, parents. The parties will be the dental clinic as the contractor and the minor's representative as the customer. The consumer is a minor. Part 2 of Article 22 of Law N 323-FZ provides for the communication by the attending physician of information to the legal representative about the health of the minor.
2. A person over the age of 14 but under the age of 18. A person who has reached the age of 14, but not 18, has the right to be a party to the transaction as a customer, subject to the written consent of the legal representative. If the patient is more than 15 years old, then he has the right to independently obtain information about his health, to keep it secret. If he wants this information to be transferred to other persons, he indicates a list of such persons in informed voluntary consent. If such a list has not been drawn up by a minor, then information on health is not transferred to anyone, not even a legal representative.

Accordingly, among the documents for dentistry, there must be a passport and the necessary permits for minor patients.

Structure, responsibilities of the parties

The conclusion of the contract is based on the Law of the Russian Federation on the protection of consumer rights and the Decree of 01/13/96 on the provision of paid services by medical institutions. Medical services on a paid basis are carried out in the presence of a concluded agreement.

It reflects the required elements - the rights of the parties; conditions of the provided medical service; terms and forms of calculation. The personal data of the parties, their responsibility are reflected.

Free form allowed. Clauses are worded clearly and clearly. Vague and ambiguous wording should be avoided. The interests of each side are reflected.

All of the above documents are drawn up and signed at the patient's first visit to a medical institution, before the start of treatment. The contract must contain the signatures of the parties - the contractor and the customer.

You can arrange each service separately or in a complex manner.

Sample contracts are provided below.

Structure:

• personal data of the performer, consumer;
• subject of the agreement (list of works);
• terms of validity and performance of items, warranty obligations;
• amount, form, payment procedure;
• duties and rights;
• responsibility in case of failure to comply with the clauses of the agreement;
• termination conditions;
• settlement of disputes.

These conditions are negotiated in the light of a specific contract, for example, for the installation of implants, for X-ray examination, including between medical institutions.

A prerequisite for getting a dentist's consultation or medical procedure is filling out consent to the processing of personal data, informed consent to the procedure, questionnaires health.

Mandatory requirements for the performer:

1. Providing the customer with reliable and complete information about the customer's health and the results of treatment, possible treatment options, contraindications and complications.
2. Providing quality assurance.
3. Provision of a document (check) confirming payment.
4. Ensuring compliance of works with current legislation and the rules for the provision of dental services.
5. Issuance of documents or their copies to the patient at his request, reflecting the state of his health.
6. Compliance with legal requirements for the preparation of documentation.

Obligations of the patient in the contract with the clinic for the provision of paid services:

1. Timely payment.
2. Reporting to the contractor information about health, about allergic reactions, the presence of diseases, contraindications to certain types of drugs.
3. Compliance with the treatment plan.
4. Compliance with the schedule of admission to the attending physician, general compliance with the rules of the medical institution.

Dental prosthetics and implantation

Orthodontic treatment is the process of restoring the functions of the dentition. This is a complex set of measures characterized by a long duration and sufficient severity of intervention in the body and the dentoalveolar system in particular. Therefore, it is important that the warranty obligations are documented.

Types of guarantee:

1. Warranty for implant (given by the manufacturer of the implant), such a guarantee can be for a period of 10 years or more.
2. Warranty for dental crowns, the timing depends on the material of the crown.
3. Dental clinic services guarantee.

It is worth paying attention to the recommendations for dental implant care - the text of the agreement may contain the reasons for the rejection of implants due to the patient's fault (smoking, taking certain medications, non-compliance with postoperative recommendations). In this case, the contractor will not be able to fulfill the warranty obligations.

We save an important document

From a legal point of view, a contract for dental treatment, like the conclusion of a dentist, allows the patient to prove his case if something goes wrong during the treatment.

You must keep it for the entire duration of the warranty. You also need to keep receipts confirming the fact of payment.

In accordance with article 219 of the Tax Code of the Russian Federation, after payment, you can issue a tax deduction by returning yourself an amount of 13% of the paid amount. To draw up a deduction, you will need an agreement and checks, the deduction itself is drawn up in the year following the year of payment.

Major mistakes

Often the following mistakes are made in the contract, complicating the process of fulfilling obligations:

1. There is no specific list of works to be performed.
2. The time of completion, the cost of the work provided is not indicated.
3. The payment procedure, payment terms have not been established.
4. No license information provided.
5. Provisions leading to unlawful denial of medical care are included (for example, a violation of the organization's rules is indicated as the reason for the refusal).
6. Conditions are stipulated allowing for the collection of large penalties from the patient upon termination of the contract.
7. The right to go to court in case of conflict situations is limited.

Samples

The first sample of a contract for the provision of dental services, including dental implantation and prosthetics:

Another variant:

Third option: