Dáil Éireann Debate, Wednesday - 17 November 2004
167 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the details of the guidelines for making a complaint of negligence to the Medical Council; the number of cases dealt with each year for the past ten years; the number which resulted in favour of the petitioner; and if there are other complaint mechanisms available to persons who have suffered medical neglect. [29099/04]
View answerUnder the Medical Practitioners Act 1978, the Medical Council was established as the body with the statutory responsibility for the registration of medical practitioners in Ireland and the regulation of their professional activities. Pursuant to Part V of the Act, the Medical Council, through its fitness to practise committee, considers complaints against registered medical practitioners on the grounds of alleged professional misconduct or fitness to engage in the practice of medicine by reason of physical or mental disability.
I am informed by the Medical Council, that if any individual chooses to make a complaint, he or she should write to the professional standards section of the council stating the name and address of the doctor concerned and giving full details of the complaint. Information on how complaints are handled and the procedures followed by the Medical Council on receipt of a complaint are sent out in leaflet form with all acknowledgements to complaints. The details are also available on the council's website, www.medicalcouncil.ie.
The fitness to practise committee considers any complaints received. If the committee considers that a prima facie case exists, an inquiry is held pursuant to section 45(3) of the Medical Practitioners Act. On completion of the inquiry, if the committee makes a finding of professional misconduct and-or unfitness to practise medicine by reason of physical or mental disability, the sanctions available to the Council are: erasure of the practitioner’s name from the register; suspension of registration for a specified period; attachment of conditions to registration; and the issue of advice, admonishment or censure to the medical practitioner.
The Medical Council has informed me that since 1994, 175 inquiries have been held. Of this number, 106 findings of professional misconduct and-or unfitness to engage in the practice of medicine by reason of mental or physical disability were made. This resulted in 35 erasures from the register, 38 cases where conditions were attached to registration and 33 cases where the medical practitioner was advised, admonished or censured by the council. More detailed statistics on the number of cases which have been considered from 1994 to date are contained in the table attached.
It should be noted, however, that in no case is the fitness to practise committee empowered to make a finding in favour of the complainant. The committee may only consider the professional conduct or fitness to practise by reason of physical or mental disability of the particular medical practitioner, and, if such person is found guilty, the council may apply a sanction as detailed above. The Medical Council is not responsible for the consideration of complaints concerning professional or medical negligence. It is, however, open to any individual patient to pursue such a complaint of negligence through the courts, if he or she so wishes.
A significant amendment to the Medical Practitioners Act is currently being drafted in my Department with the assistance of parliamentary counsel. Among the changes proposed in the new Medical Practitioners Bill are measures to improve the efficiency of the fitness to practise process. In addition, provisions to ensure that the complainant is kept fully informed at all stages are planned, along with other changes which should assist the council in performing its functions in the most effective way.
