Introduction

Complaints about doctors may be received by either the Medical Council, or the Health and Disability Commissioner (HDC), but all complaints affecting a consumer must be referred to the HDC. The HDC may refer complaints back to the Medical Council, and the Council must promptly assess the complaint and consider what action should be taken, including referral to a Professional Conduct Committee (PCC). 

The HDC must notify the Medical Council of any investigation under the HDC Act that directly involves a doctor.

I wish to complain about a doctor

The Professional Conduct Committee (PCC)

PCC's deal with such complaints referred from the HDC and with referrals after convictions in a court of law. If the Council considers information raises questions about the conduct or the safety of a doctor's practice, it may refer these to a PCC. 

Membership

The PCC comprises three members appointed by the Council. Two are doctors and one is a lay person. The Council may appoint a doctor or lay person who is a member of the Council. Both the doctor and complainant are advised of the intended makeup of the PCC and are given the opportunity to object.

The PCC may investigate the complaint however it sees fit and must make one or more recommendations or a determination (or both).

Process

The PCC may hear oral evidence and receive written statements and submissions from any or all of the following persons:

• the doctor
• any employer of the doctor
• any person in association with whom the doctor practises
• the complainant
• any clinical experts.

Complainants may bring a support person to PCC meetings, eg, patient advocate, family or whanau member, friend or counsellor.

The PCC may appoint a legal assessor to advise on matters of law, procedure or evidence. It is also entitled to appoint an investigator to collect information and to investigate complaints. Neither the legal assessor nor the investigator may be present during any deliberations of the PCC although they may be present at meetings.

Recommendations and determinations

The PCC's role is to determine whether the issue is related to competence or discipline and then to recommend and/or determine an appropriate course of action.

The PCC may recommend the Council should:

• review the doctor's competence and/or
• review the doctor's fitness to practise medicine and/or
• review the doctor's scope of practice and/or
• refer the subject matter of the investigation to the Police and/or
• counsel the doctor.

The PCC may also make one of the following 'determinations':

• no further steps be taken in relation to the complaint or conviction or
• a charge should be brought against the doctor before the Tribunal or
• in the case of a complaint, the complaint should be submitted to conciliation.

The recommendations and/or determination must be made within 14 days after the PCC has completed its investigation. It must give written notice of any recommendations and/or determination, and the reasons on which they are based to the Registrar and the doctor concerned (and in the case of a complaint, the complainant). The Council must 'promptly' consider the recommendation/s. 

If the PCC decides the complaint or conviction should be considered by the HPDT it must frame an appropriate charge and lay it before the HPDT in writing. The HPDT should consider the charge as soon as reasonably practicable. 

If the PCC determines the complaint should be the subject of conciliation, it must appoint an independent conciliator to help those concerned resolve the complaint by agreement. If the complaint has not been successfully resolved by agreement, the PCC must promptly decide whether it should lay a charge against the doctor before the HPDT, or whether to make any recommendations to the Council about the doctor; or whether any further steps should be taken in relation to the complaint.

If the PCC determines no further steps should be taken, it must advise the doctor concerned, the Council, and the complainant of the reasons on which the determination is based.

Investigation time frame

Complaints investigation can take from two to six months. Every effort is made to keep delays to a minimum.

Statistics on complaints

Information about complaints statistics can be found in the latest Annual Report statistics on complaints.