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.
How does the HCCC handle complaints
The HCCC may handle complains in-house, 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.
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.
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.