"Medical Complaints Resolution mechanism"
by
Dr. Lee Kin Hung
Chairman, Medical Council of Hongkong

        Medical mishaps occur everyday everywhere. They do not necessarily indicate mistakes or negligence. One should realize that medical procedures frequently involve high risks. Complaints against doctors are often raised because there is a breach or lack of communication and understanding between the doctor and the patient.

Avenues of Recourse

Public Complaints Committee of HA

        This is not a public body. It is an in-house complaint handling mechanism of the Hospital Authority. Its composition consists of members of the HA Board as well as outsiders.

        Medical complaints against public hospitals are usually first received and investigated at the hospital level. If the complaint is not resolved it can be referred to the Public Complaints Committee which also receives complaints directly from patients.

        This Committee meets in private. It will hear evidences from both sides and can hear expert evidence. It judges whether the complaint is sustained or should be dismissed.

Enhancement of Doctor/Patient Relationship Committee

        This is formed by the Hong Kong Medical Association and the Consumer Council. It receives complaints and seeks explanation from the doctor and tries to iron out any misunderstanding and achieve reconciliation.

Medical Council

        This is a statutory body made up of 24 appointed and elected doctors and 4 lay members. Its functions consist of registration of doctors, holding licensing examinations and maintaining the standard and disciplines of doctors.

        The Medical Council can act on complaints or information. The complaint is first screened by a preliminary investigation committee and if indicated, referred for enquiry by the Medical Council. These enquiries are usually held in public and proceeds as a tribunal with legal counsels representing the Secretary of Medical Council and others representing the defendant doctor. If the doctor is judged guilty of professional misconduct the sentence can range from a warning letter to removal from the medical register.