The procedure for complaints depends on the circumstances and is governed by the provisions of the Administrative Procedures Act. An investigation is carried out in the Office of Supervision and Quality of Healthcare by a multidisciplinary team of experts.
The handling of complaints is divided into several main phases:
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After a complaint has been received by the Directorate of Health, it is assigned a case number, and the office's experts discuss the existing issues, i.a., checking whether the complaint meets the conditions of paragraphs 2 - 4. Article 12 in the Medical Director of Health and Public Health Act, No 41/2007.
Subsequently, the case is placed in the appropriate process.
A letter of acceptance is sent to the complainant or his agent. The letter states, among other things, the case number, which is important to refer to in communications regarding the case.
A letter is sent to whom the complaint is directed (the provider of the health service, healthcare institution, or healthcare professional) with information that a complaint has been received, together with a copy of the complaint and accompanying documents.
In the letter, it is also announced that a statement and medical records of the complainant will be requested from related parties who could assist in the investigation of the case.
Health institutions and health workers are obliged to hand the requested medical records to the Directorate of Health.
Healthcare professionals/health institutions are given a certain deadline to answer.
The Directorate of Health may request health records to examine complaints. The health records are only delivered to the office, as a supervisor, on the grounds of legal obligation.
When data on the complaint is received, it is evaluated whether it is sufficient.
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The statements and responses of the parties are presented to the complainant, who is allowed to make his comments within the stated deadline.
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When data and comments have been presented to the parties, it is evaluated, in light of the available data and the nature of the case, whether it is necessary to seek the opinion of a disinterested specialist.
About the disinterested specialist:
Paragraph 5, Article 12 of the Medical Director of Health and Public Health Act states that the Directorate of Health must obtain an opinion from an independent specialist when a complaint concerns alleged negligence or an error in diagnosis or treatment.
According to Article 10 of the Administrative Procedures Act, the administrative authority must ensure that a case is sufficiently investigated before a decision thereon is reached. Obtaining an opinion is part of the Office's investigation into a complaint. The opinion of a disinterested specialist is not binding to the Directorate of Health when deciding the case, as the Office is required by law to make an independent assessment of the case, even if the opinion of a disinterested specialist is obtained.
The provisions of Article 3 of the Administrative Procedures Act must be observed when qualifying those handling complaints.
The parties to the case are notified in writing of the selected disinterested specialists and given a deadline to comment, including on the specialists' qualifications and connections.
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When necessary, the opinion of a disinterested specialist is presented to the parties, who are then given the opportunity to present their views. Depending on the circumstances, the complainant's views are presented to the disinterested specialist.
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When the investigation of the complaint is completed, the opinion of the Directorate of Health is written.
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The signed opinion of the Directorate of Health, with accompanying documents, is sent to the parties involved.
The professional and medical conclusion of the Directorate of Health is not subject to appeal. However, it is permitted to appeal the Directorate of Health's procedure under paragraph 6 of Article 12 of the Medical Director of Health and Public Health Act. The deadline to appeal is three months from the presentation of the Directorate of Health's opinion.
In some instances, the results of complaints lead to further follow-up by the Directorate of Health based on Chapters II and III in the Medical Director of Health and Public Health Act. Complainants are not parties to supervisory proceedings.
