Complaints to the NSW Health Care Complaints Commission
1. WHAT IS THE HCCC?
The HCCC stands for the NSW Health Care Complaints Commission. The HCCC receives and investigates medical complaints. The complaint process is relatively simple.
However, the HCCC does not have the power to seek an apology from the person/medical entity against who the complaint is made against. The HCCC only has investigatory and disciplinary powers.
2. HOW DOES THE HCCC HANDLE CPMPLAINTS
The HCCC may handle complains inhouse, or if there is a professional council that handles that area of health care then it will be referred to that specific council. An example of this is the Dental Council of NSW, or the Nursing and Midwifery Council of NSW.
The claim will be investigated, and recommendations will be made. Usually this is for counselling or for education, and in some cases suspension of practice.
If the HCCC believed the complaint may attract criminal sanctions it will refer the matter and the investigations to the Director of Public Prosecutions to be determined by the Courts.
For all non-criminal matters the HCCC will make a determination and inform the complainant in writing.
3. SHOULD I MAKE A COMPLAINT TO THE HCCC?
If you have already made a complaint to the HCCC that is okay.
However, if you’re thinking of making a medical negligence / medical malpractice claim for compensation, we advise that you do not make a complaint to the HCCC until you have discussed making a complaint with your lawyer first.
Read more about accredited specialist personal injury lawyers here.
Notably, there may be a non-disclosure or non-complaint term in your settlement agreement. If this is the case, you will not be able to make a complaint to the HCCC.
Even if you are not aware of any non-disclosure or non-complaint term in your settlement agreement you should consult your lawyer before making a complaint to the HCCC.
GARLING & CO 2019
About Matthew Garling
Matthew Garling, Founder of Garling & Co is a NSW Law Society Accredited Specialist in Personal Injury Law. He specialises in compensation law and has acted on behalf of thousands of injured people in work accidents, motor vehicle accidents and negligence cases over the last 20 years.
About Renee Lawes
Renee Lawes is a Solicitor of the Supreme Court of NSW and has been working alongside Matthew Garling at Garling & Co Lawyers for over five years. Renee’s areas of interest are Medical Negligence / medical malpractice and TPD claims.
Over the last five years Renee has helped secure many injured clients the compensation they deserve for their injuries.
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