STATEMENT OF CLAIM FOR CONSUMER PROTECTION, RECOVERY OF DAMAGES AND COMPENSATION FOR MORAL HARM
To the District Court No. 2of the Almaly District of Almaty
Plaintiff: A.G.T.Date of birth: 23 March 1976IIN: ...Residential address:
Almaty Region, K. District, I. Village, Plot/Apartment .., Plot 646Telephone: +7 775 ...
Defendant: LLP “Dental Clinic SA”BIN: ...represented by its Director, Z.A.IIN: ...
Registered address:Republic of Kazakhstan, Almaty,Almaly District,
S. Avenue, Building 534/92, Non-Residential Premises 193
STATEMENT OF CLAIM
For Consumer Protection, Recovery of Damages and Compensation for Moral Harm
On 26 July 2024, the Plaintiff contacted SA LLP Dental Clinic for a consultation with dental surgeon U.N.A. regarding the installation of a dental implant and paid KZT 260,000 for the services, as evidenced by the fiscal receipt.
On 2 August 2024, the Plaintiff underwent surgery involving bone augmentation and placement of a dental implant. The surgery was performed by physician U.N.A. and lasted more than four hours.
During the surgery, serious violations in the organization of medical care occurred. According to the Plaintiff's observations, assistants dropped medical instruments, while the physician left the treatment room during the surgery to search for the necessary materials. This indicates inadequate preparation for the surgical intervention and a violation of sanitary requirements.
Following the surgery, the Plaintiff developed a number of complications, including:
- severe swelling;
- a wound that failed to heal for an extended period;
- severe pain in an adjacent healthy tooth;
- headaches;
- elevated blood pressure;
- dizziness and nausea;
- a hematoma on the face;
- impaired nutrition and reduced ability to work.
On 9 August 2024, the Plaintiff had the sutures removed.
On 22 August 2024, the Plaintiff returned to the clinic complaining of severe pain. The physician informed her that the adjacent tooth had been damaged and that the installed implant had to be removed because it had been improperly positioned and its size was unsuitable.
On 24 August 2024, the implant was removed, followed by repeat bone grafting.
On 5 September 2024, the Plaintiff had the sutures removed.
On 15 November 2024, a second surgical procedure was performed to install an implant. The procedure lasted more than three hours; however, it was also unsuccessful, as the Plaintiff again developed severe swelling and inflammation.
On 12 December 2024, during a consultation, it was established that the second implantation had also been unsuccessful. Physician U.N.A. recommended that the Plaintiff consult another surgeon, L.Yu.K., and promised to perform a free procedure for implant placement and gum correction.
On 26 December 2024, the Plaintiff consulted physician L.Yu.K., who, following an X-ray examination, prepared a treatment plan costing KZT 975,000. Physician U.N.A. also agreed with this treatment plan.
Physician L.Yu.K. identified the presence of an inflammatory process and recommended removal of the implant, followed by a six-month waiting period before further treatment.
On the same day, physician U.N.A. removed the implant and informed the Plaintiff that the above-mentioned waiting period was necessary.
On 30 May 2025, the Plaintiff again consulted physician L.Yu.K., where a new X-ray was performed. Based on the examination results, it was established that the second tooth was no longer suitable for implantation due to destruction of the bone tissue resulting from three unsuccessful surgical procedures.
Physician L.Yu.K. refused to provide further treatment.
On the same day, the Plaintiff contacted physician U.N.A.; however, further treatment was also refused. No alternative treatment options were offered. The Plaintiff was advised to seek judicial remedies.
The Plaintiff also contacted Z.A., Director of LLP “SA”, but the matter was not resolved.
Furthermore, during the course of treatment, the Plaintiff developed an infection, which resulted in prolonged medication treatment. Throughout this period, the Plaintiff suffered from headaches and a general deterioration in her health, which significantly reduced her quality of life.
On 31 May 2025, the Plaintiff obtained a medical report recommending:
- bone grafting in the area of the tooth;
- treatment of the gum in the area of tooth 1.2;
- repeat diagnostics and planning for implantation of tooth 1.1;
- monitoring of the condition of tooth 1.2.
In order to determine the quality of the medical services provided, a forensic medical examination was conducted.
According to Expert Report No. 02-450 prepared by the Republican Chamber of Forensic Experts of the Republic of Kazakhstan, it was established that the medical services provided to the Plaintiff by LLP “SA” were performed in violation of medical standards and requirements, which resulted in complications and the need for additional treatment.
The expert report confirms the existence of a causal relationship between the actions of the Defendant's employees and the harm caused to the Plaintiff's health.
In order to determine the cost of further treatment, the Plaintiff contacted GD Dental Clinic, where the cost of the necessary treatment was determined to be KZT 1,413,000.
Despite numerous requests by the Plaintiff, “SA” Clinic refused to eliminate the consequences of the improper treatment, refund the money paid, or provide the medical documentation.
Pre-trial claims were sent to the Defendant through JSC “Kazpost”, but no response was received.
Thus, the services were provided in an improper manner and were of inadequate quality, resulting in harm to the Plaintiff's health and financial losses.
The Plaintiff incurred court-related and other expenses in the amount of KZT 974,735.
Pursuant to Article 7 of the Law of the Republic of Kazakhstan “On Consumer Protection”, a consumer has the right to receive services of proper quality and services that are safe for life and health.
Pursuant to Article 30 of the said Law, where a service is provided with inadequate quality, the consumer is entitled to demand compensation for the losses incurred.
Pursuant to Article 9 of the Law “On Consumer Protection”, harm caused to the life, health, or property of a consumer as a result of defects in a service shall be compensated in full.
Pursuant to the Code of the Republic of Kazakhstan “On Public Health and Healthcare System”, healthcare organizations are required to provide medical care in accordance with clinical protocols and medical standards.
Pursuant to Order No. 31 of the Minister of Healthcare of the Republic of Kazakhstan dated 24 February 2023 “On Approval of the Standard for the Organization of Dental Care in the Republic of Kazakhstan”, dental care must be provided in compliance with medical standards, safety requirements, and clinical protocols.
Failure to comply with these requirements constitutes a violation of the standards for the provision of medical care.
Pursuant to Article 68 of the Civil Procedure Code of the Republic of Kazakhstan, evidence in a case shall consist of any information concerning facts on the basis of which the court establishes the circumstances relevant to the case.
Pursuant to Article 91 of the Civil Procedure Code of the Republic of Kazakhstan, an expert opinion constitutes evidence in a case.
The Expert Report No. 02-450 of the Republican Chamber of Forensic Experts submitted by the Plaintiff confirms the improper provision of medical care by the Defendant and the existence of a causal relationship between the actions of the clinic's medical personnel and the resulting consequences.
Pursuant to Article 951 of the Civil Code of the Republic of Kazakhstan, moral harm shall be compensated in monetary form.
WHEREFORE, THE PLAINTIFF REQUESTS THE COURT TO:
- Recover from the Defendant in favor of the Plaintiff the cost of the services paid for but provided with inadequate quality in the amount of KZT 260,000.
- Recover from the Defendant in favor of the Plaintiff the expenses for necessary subsequent medical treatment in the amount of KZT 1,413,000.
- Recover from the Defendant in favor of the Plaintiff compensation for moral harm in the amount of KZT 1,000,000.
- Recover from the Defendant in favor of the Plaintiff court-related expenses in the amount of KZT 974,735.
Plaintiff:A.G.T., represented by S.A.Signed with an electronic digital signature (EDS)
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