Grounds for Complaints
Grounds for complaints
Complaints can only warrant action by the Medical Council on the following grounds;
- Professional misconduct (Conduct that experienced, competent and reputable doctors consider disgraceful or dishonourable; conduct that falls short of the standards of conduct expected of doctors)
- Poor professional performance (a failure by the doctor to meet the standards of competence (whether in knowledge and skill, the application of knowledge and skill or both) that can reasonably be expected of doctors practising the kind of medicine practised by the doctor)
- A relevant medical disability (a physical or mental disability (including addiction to alcohol or drugs) that may impair the doctor’s ability to practise medicine or a particular aspect of medicine)
- A failure to comply with one or more condition(s) attached to a doctor's registration
- A failure to comply with an undertaking given to the Medical Council or to take any action specified in a consent given in the context of a previous inquiry
- Contravention (infringement) of the Medical Practitioners Act 2007
- A conviction in the State for an offence triable on indictment or if convicted outside the State, for an offence that would be triable on indictment in the Irish courts.
More information on the types of complaints and grounds for complaints the Medical Council will consider and those complaints that will be triaged at an early stage and will not be considered, can be found in our document: Guidance on how complaints are assessed.
Please note the important notice on complaints amounting to poor professional performance if considering making a complaint to the Medical Council.
The Medical Council only deals with complaints into individual doctors and some complaints may be transferred to another regulatory body or Healthcare employer, where deemed appropriate. The Medical Council follows a strict legal process to investigate complaints, and a patient or patient representive should carefully assess their options. The patient may also:
For more information on the appropriate body in which you can make a complaint to visit Citizen's Information or contact a patient advocacy service.
Immediate Suspension
Where the Council considers that an immediate suspension is necessary to protect the public, it can apply to the High Court for an order to suspend a doctor’s registration, regardless of whether the doctor is the subject of a complaint.
Examples of Complaints
While this not an exhaustive list, these are some examples of complaints we have received:
- Irresponsible or repeated mistakes in prescribing e.g. prescribing drugs in an excessive or dangerous manner
- Treatment/Performance e.g. serious failure to examine a patient properly
- Inappropriate relationships and behaviour
- Misdiagnosis
- Inappropriate examinations
- Fraud or dishonesty
- Serious breaches of a patient's confidentiality
- Any serious criminal offence
- Clinical incompetence
What the Medical Council cannot do regarding complaints
The Medical Council can take action against a doctor's registration. Our role is determined by law and before submitting a complaint, please be aware of what the Council cannot do:
- Pay you compensation or help you make a claim for compensation
- Consider any aspects in relation to fees or waiting times
- Make a doctor apologise to you
- Look into complaints about anyone who is not a registered doctor (for example; nurses pharmacists, dentists, opticians, social workers, administrative staff/secretaries, clinics or other healthcare organisations. For more information on bodies you can make health care complaints too, visit Citizen's Information.
- Order a doctor to do something for you such as; provide the treatment that you want, write a prescription for you, give you access to your records or change medical records.
- Give you a detailed explanation of what happened to you. This can only come from the doctor or healthcare provider
- Give or arrange medical treatment or counselling for you
- Give legal advice or representation to you
If you are unsure as to who your complaint should be submitted to, Citizen's Information provides information on the appropriate bodies in which you can make a complaint to.
How to make a complaint
You can make a complaint by completing the complaint form. The form should be submitted in writing and emailed or sent by post.
We ask that you provide as much detail, information and documentation as possible within your complaint form.