HOW TO LodgE a complaint against a

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1 HOW TO LodgE a complaint against a healthcare practitioner Protecting the public and guiding the professions

2 Good health is your right All people have the right to good health and quality healthcare. This includes: Living in a healthy and safe environment; Having access to quality healthcare that you can afford; Choosing the healthcare services you prefer to use; Receiving appropriate treatment from a qualified healthcare practitioner; Knowing that your personal information is treated confidentially and kept private; Being fully informed about any illness, diagnostic procedures, proposed treatments and the related costs; Choosing to accept or refuse treatments; Obtaining a second opinion, where appropriate; Receiving ongoing care from your chosen healthcare provider. You also have the right to complain about healthcare services that either violate your rights to good health or breach ethical standards, to have your complaint investigated and to receive a full response thereafter.

3 HOW TO LodgE a complaint against a healthcare practitioner The Health Professions Council of South Africa (HPCSA) helps to promote the health of all South Africans. It does so by determining standards of professional education and training and by setting and maintaining the highest standards of professional and ethical behaviour for the practitioners under its ambit. Please note that Pharmacists, Nurses, Chiropractors, Homeopaths, Dental Technicians and healthcare institutions (like hospitals and clinics) are not registered with the Council and therefore we do not have jurisdiction over them.

4 What can you complain about? Healthcare professionals registered with the HPCSA are required to uphold prescribed standards of professional and ethical behaviour. You are entitled (and encouraged) to lodge a complaint with the HPCSA regarding any conduct by an HPCSA-registered practitioner that breaches these standards such as: Unauthorised advertising; Incompetence in treating patients; Over-servicing patients; Charging excessive fees; Criminal convictions; Insufficient care towards patients; Improper relationships; Racial discrimination; Improper conduct; Rude behaviour towards patients; Performing surgical procedures without the patient s informed consent; Prescription of specific medicine to maintain the dependency of a patient; Disclosing information regarding the patient without his/her permission.

5 How to lodge a complaint All complaints must be sent in writing to The Registrar: HPCSA, either by General Mail: PO Box 205 Pretoria 0001 Hand delivery: 553 Vermeulen street (cnr Hamilton street) Arcadia Pretoria Fax: legalmed@hpcsa.co.za To be acted upon by the HPCSA, your complaint must: State clearly that you wish to complain against a healthcare practitioner and that the HPCSA should investigate your complaint; Identify the healthcare practitioner against whom the complaint is lodged, by including his/her surname, initials and where possible, practice address and practice registration number; Detail the nature of the complaint, including all relevant dates and facts as well as supporting documentation where available; Be signed by you, your legal representative or any other person lodging the complaint on your behalf; Include your full contact details for correspondence purposes (such as requesting additional information regarding your complaint).

6 How the HPCSA deals with complaints Within seven days of receiving your complaint, the Registrar forwards your complaint to the healthcare practitioner concerned and requests a written explanation from him/her. In exceptional circumstances, the HPCSA could suspend a practitioner who poses an imminent threat to the public pending a formal inquiry Your letter of complaint, together with the healthcare practitioner s explanation (if submitted) is referred to a Committee of Preliminary Inquiry (or to the Professional Board concerned) for consideration Should the Committee or the Board decide that there are grounds for complaint, a Professional Conduct Committee will hold a Professional Conduct Inquiry during which oral evidence is presented, often including independent, expert witnesses. (Note: Professional Conduct Inquiries are open to the public and the media unless closed at the discretion of the chairperson) Should the Professional Conduct Inquiry find the healthcare practitioner guilty of misconduct, the Committee s decision is final, unless either party lodges an appeal. A healthcare practitioner found guilty of professional misconduct may be subject to the following penalties: - A caution or a reprimand or both; - A fine; - Suspension for a specified period from practicing his/her profession; - Removal of his/her name from the relevant Register; - A compulsory period of professional service; and/or - Payment of the costs of the proceedings or restitution.

7 Other recourse The Professional Conduct Committee cannot order the healthcare practitioner to pay damages to the person(s) lodging the complaint. However, members of the public who lodge a complaint through the HPCSA may also pursue civil litigation independently. The HPCSA is a statutory body, established in terms of the Health Professions Act, The HPCSA is committed to promoting the health of the population, determining standards of professional education and training, as well as setting and maintaining fair standards of professional practice.

8 For further information, contact Health Professions Council of South Africa PO Box 205 Pretoria 0001 : /01 : or : info@hpcsa.co.za : Disclaimer: This publication is in no way intended to jeopardise healthcare practitioner/patient relationships. On the contrary, it aims to inform members of the public who are users of healthcare about their rights as patients, the rights of healthcare practitioners as respondents, the HPCSA s procedures and how to lodge a complaint when necessary.