Health Consumer Complaints

As a result of the Cartwright Inquiry, complaints processes for health consumers disatisfied or concerned with their care came to be viewed as an important part of health and disabilty services. Right 10 of The Code of Health and Disability Services Consumers' Rights, part of the Health and Disability Commissioner Act 1994, enshrined the right to complain about a health and disability service in law, and outlines the process for dealing with complaints. For more information about The Code and Right 10 see The Health and Disability Commissioner website.

The following articles, papers and submissions look at why and how health and disability consumers complain about the care they recieve, what happens when consumers complain, and particular cases of medical malpractice.

• The Power of Apology by Dr Marie Bismark 2009

• Inquiries into health care: learning or lynching? by Ron Paterson (Health and Disability Commissioner) NZ Medical Journal November 2008

• Why do patients complain? - WHU July 2006

• Submission on the Health Practitioners Competence Assurance (HPCA) Bill - December 2002

• Back to the bad-old days of the medical protection racket - WHW Sept 2002

• The disappearing complaint - WHW December 2001

• Ex-psych patients payout (report on compensation for former Lake Alice patients), WHW Sept 2001

• Doctors punished for poor care of women during cosmetic procedures (Dr Warren Chan is suspended for liposuction failings & Dr Ian Little pleads guilty to criminal charges for the death of a patient during a face peel with phenol), Sandra Coney, WHW Sept 2001

• Sexual boundaries in the doctor/patient relationship (report on consultation by J Medical Council), WHW June/July 2001

• The redemption (well, not quite) of Graham Parry (report on the District Court inAuckland partially restoring right to practice of Northland gynaecologist, Dr Parry, / who was struck off for failures in the treatment of Mrs Colleen Poutsma), WHW June/July 2001

• A long and winding road - Health complaints systems in New Zealand (report on the Cull Report into medical complaints systems, following a review occasioned by the case of Dr Colleen Poutsma), WHW June/July 2001

• Review of Processes Concerning Adverse Medical Events (Cull report), WHA submission to MOH, May 2001

• New registration & disciplinary system for health professionals proposed (report on Health Professionals Competency Assurance Bill), WHW Dec 2000

• Health Professionals Competency Assurance Bill Discussion Paper, WHA Submission, November 2000

• Adverse medical events reporting (report on appointment of Helen Cull to review processes for investigating and reporting adverse medical events), WHW Dec 2000

• Dealing with sexual abuse by doctors (report of a round-table of consumer and medical groups to talk about doctors who sexually abuse patients), WHW Dec 2000

• All fired up over Fahey (report on the response of women and doctors to the case of J Dr Morgan Fahey, struck off for sexual abuse of patients over a long period of time), Sandra Coney, WHW Sept 2000

• Fitness to practice, paper by Judi Strid to Medical Council Seminar, 19 May 1999

• What we know and dont know about medical mistakes interview with Dr Marilynn J Rosenthal, an international expert on medical mistakes), Bridget Vercoe, WHW April 1999

• The medico-legal system - a health consumer perspective (review of experiences of lay person on ACC Medical Misadventure Advisory Committee, Medical Practitioners Disciplinary Tribunal), paper given to National Medico-Legal Conference, February 1999, Sharron Cole, WHW April 1999

• Medical manslaughter (case of Dr Margaret Hugel, and implications of Crimes Amendment Act No 5), WHW April 1998

• Doctors poised to water down accountability law (report on new Crimes Amendment Bill No 5 which waters down medical manslaughter law), WHW March/April 1997

• Litigation doesnt lead to justice or quality, says visiting Harvard professor (report on talk by Prof Troy Brennan on research into adverse events), WHW Dec 1996/Jan 1997

• Consumers lose out as Medical Practitioners Bill becomes law (critique of why new law disadvantages consumers), WHW Dec 1995

• Medicine and the criminal law (item on medical manslaughter in other countries and contrast with what is proposed in NZ), WHW Dec 1995

• Medical lobbying wins the day over medical manslaughter (report on doctors' success in getting Minister of Justice Doug Graham to agree to change Sections 155 and 156 of the Crimes Act relating to medical manslaughter, after review of Act by Sir Duncan McMullin), WHW Sept 1995

• Review of medical manslaughter law (report on review of Crimes Act), WHW June 1995

• Health providers and the implications of the Consumer Guarantees Act, Victoria Hallum, WHW March 1995

• New disciplinary system unveiled (report on Medical Practitioners Bill), WHW Dec 1994

• Combating sexual abuse by doctors (report on Medical Council initiatives), WHW Sept 1994

• Medical manslaughter (report of campaign by doctors to change Crimes Act), WHW June 1994

• NZ women now able to file DES claims (report on NZ women able to file claims in US), WHW March 1993

• The National Medico-Legal Conference (report on papers including one by Sir Kenneth Keith, president of the Law Commission), August 1992, WHW Oct/Nov 1992

• Plastic surgeons and medical discipline (report on complaints to Medical Council about Drs Barry White, Warren Bradshaw and Warren Chan), WHW July 1992

• News on Dalkon Shield (results for NZ women who have lodged claims), WHW March/April 1992

• Medical manslaughter (report on paper in NZMJ by David Collins prompted by the case of Dr Yogasakaran), WHW Nov 1991