Application for appointment of a forensic medical and dental examination
To the district court No. 2 of Almaly district of Almaty.
Case No.7520-25-00-2\18521
From the Plaintiff: Aa G.T. , born on 03/23/1976 , IIN .6, Residential address:
Almaty region, Karasai district, S..
...
The petition
The court is considering a civil case on the claim of Aoi Gaziza T. to Dental Clinic S.A. LLP for the protection of consumer rights and recovery of damages, treatment costs and compensation for moral damage.
In accordance with articles 92, 96, 99, 105 of the Civil Procedure Code of the Republic of Kazakhstan, a forensic medical and dental examination is necessary to establish the circumstances relevant to the proper consideration of the case and to assess the quality of dental care provided.
THE CIRCUMSTANCES OF THE CASE:
On July 26, 2024, the plaintiff applied to the dental clinic "S.A." to the implantologist U.N.Abduzhalelovich, having made a payment in the amount of 260 000 tenge for consultation and implant installation.On 08/02/2024, an operation was performed to increase bone tissue and install an implant, which lasted more than 4 hours, during which there were violations of sanitary standards. After the operation, complications arose: severe swelling, prolonged healing, pain in the adjacent tooth, headaches, increased blood pressure, dizziness and deterioration of health. The plaintiff believes that the root of the neighboring tooth was damaged then, which is confirmed by X-rays.
On 08/09/24, the stitches were removed.On 08/22/2024, the plaintiff complained of pain. The doctor reported an improperly installed implant and damage to an adjacent tooth and the need to remove the implant due to improper installation - the size was not suitable.
On 08/24/2024, the implant was removed and bone grafting was performed.
On 11/15/2024, repeated implantation was performed, which also proved unsuccessful. There was severe swelling after the operation.
On 12/12/2024, at a consultation, it turned out that the installation was not successful. The doctor suggested contacting another surgeon, L.Y.K. On 12/26/2024, surgeon L.Y.K. drew up a treatment plan in the amount of 975,000 tenge, U.N.A. agreed with the refund of the amount. L.Y.K. said it was necessary to remove the implant, as there was an inflammatory process and scheduled a repeat appointment after 6 months. The implant was removed on the same day.
On 05/30/2025, the plaintiff came to a second consultation by agreement with Lazaridi Yu.K. however, further treatment was discontinued due to bone destruction caused by three unsuccessful operations. This doctor refused further treatment, explaining that he was not familiar with U.N.A., despite the existing agreements.
On 05/31/2025, the plaintiff received a medical report from another clinic stating the need for repeated bone grafting, gum treatment, as well as diagnosis and implantation planning. The cost of restoration is estimated at about 3,000,000 tenge.
IN VIEW OF THE ABOVE, I ASK THE COURT:
1. Appoint a forensic medical and dental examination.
2. Ask the expert the following questions:
• Were there any signs of medical errors, improper implant placement, and violations of sanitary standards?
• What kind of treatment is necessary for the plaintiff to restore the condition of the oral cavity and what is the cost of this treatment?
3. Oblige the Defendant to provide the experts with all medical documents, including X-rays, outpatient records and protocols of operations.
The plaintiff represented by S.A.A. signed the EDS.
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