Medical Council Complaints

Stages involved in a Medical Council complaint

When the Medical Council receives a complaint about a doctor, it must notify the doctor of the nature of the complaint and furnish him/her with a copy of the complaint

What is the process?

1. You receive a letter from a case officer of the Medical Council notifying you of the making of a complaint. You will receive a copy of the actual complaint together with any supporting documentation and a copy of the Council’s complaint procedures.

2. You will be invited to submit any information that you believe should be considered by the Preliminary Proceedings Committee (PPC). You will be given at least two weeks to supply that information.

3. The case officer on behalf of the PPC will conduct an initial review of the complaint and prepare a draft case plan for the PPC to consider at its next meeting.

4. The draft case plan is the draft plan for the investigation of the complaint and it will normally identify the issues relevant to the investigation, the persons to be interviewed, experts to be consulted and documents to be obtained.

5. The case plan together with the relevant documents and any material submitted already by the doctor will then be put before the PPC for consideration.

6. The PPC can then decide to either make its decision on the complaint, or request further information from the complainant or the doctor or from any expert.

The PPC may refer a complaint to the Fitness to Practise Committee (FPC) for an inquiry. An inquiry is a hearing similar to one before a court or a tribunal in that sworn oral evidence is heard. The FPC hearing the inquiry is normally made up of three people – one medical and two lay persons. A Legal Assessor sits with the Committee in a purely advisory capacity to both the Committee and to other participants in the inquiry.

At an inquiry the CEO of the Medical Council presents the evidence in respect of the allegations. The doctor is entitled to cross examine witnesses and to present his own witnesses and documents in his/her defence.

If allegations are proven at an inquiry what can happen?

If the Fitness to Practise Committee finds that one or more allegations are proven the Council can impose one or more of the following sanctions:

• Advise, admonish or censure in writing;
• Censure in writing, and fine up to €5,000;
• Attach conditions to a doctor’s registration;
• Transfer a doctor’s registration to another division of the register;
• Suspend a doctor’s registration for a specified period;
• Cancel a doctor’s registration;
• Prohibit a doctor from applying for restoration to the register for a specified period

If the Medical Council decides to impose any of the above sanctions, except for advice, admonishment and censure, there is a right of appeal* against the Medical Council’s decision to the High Court. If no appeal is made against the Medical Council’s decision, the Medical Council will apply to the High Court to confirm its decision. The Council does not need confirmation from the High Court if the sanction is to advise, admonish or censure.

* There are strict time limits for such a High Court appeal.

Value for Money & Flexible Consultation Times

Berwick Solicitors has provided legal services to medical professionals all over Ireland for nearly 20 years. Given the extensive workloads and unsociable hours that most health professionals work, we offer evening and weekend consultations on request.