Health and Disability Commissioner investigates...

The Health & Disability Commissioner looks into complaints about breaches of patient rights.  Complaints may be investigated to see if the Code of Health & Disability Services Consumers’ Rights has been breached.

The investigation is neutral.  The Commissioner looks at all the evidence before reaching a conclusion and the complainant and provider can provide information to assist the investigation. The complainant and provider may also be represented during the process. 

An investigator will be assigned to look into the matter and gather information relating to the scope of the investigation.  That may be narrower or wider than the complaint made.  The investigation may also seek advice from experts in the field to assist the process.  An advocate may also be appointed to assist the parties reach agreement.

The Commissioner will issue a provisional opinion on whether a breach of the code has taken place.  Feedback on the provisional opinion is sought before the report is finalised.

The finalised report goes to the complainant and relevant registration bodies.  Recommendations might be made on how the provider could improve their processes and perhaps make an apology for any breach. The Commissioner will follow up to make sure any recommendations made have been actioned e.g. an apology for a breach.

Investigations can take a long time to be concluded due to complexity and the amount of complaints being dealt with. The number of complaints being made to the Commissioner is still increasing which is outing pressure on the office to carry out its investigations in a timely way. Delays can be very upsetting both for complainants and for the providers who receive a complaint.

The most serious breaches may be referred to the Direct of Proceedings to see whether disciplinary action should be taken, or the matter lodged with the Human Rights Review Tribunal. Unfortunately, that Tribunal also has long timeframes for dealing with matters so it can be years before matters are resolved.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.