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Learning from complaints (leaflet)
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Learning from Complaints
by The Health and Disability Commissioner
Adapted in accordance with Section 69 of the Copyright Act 1994 by
the Royal New Zealand Foundation of the Blind.
Produced 2008 by Accessible Format Production, RNZFB,
Auckland
This edition is a transcription of the following print
edition:
Published by The Health and Disability Commissioner
Your rights when using a health or disability service in New
Zealand and how to make a complaint
Your rights when using a health or disability service: You have
rights
Everyone using a health or disability service has the protection
of a Code of Rights. An independent Commissioner promotes and
protects these rights under a New Zealand law called the Health and
Disability Commissioner Act 1994.
What can I do if I am unhappy about the service, or
something goes wrong, and I feel my rights have been
breached?
You can:
- talk to the person you received the service from, or the person
in charge, as they may be able to sort out the problem;
- get help and support from family and friends to raise your
concerns with the provider;
- seek the support of a free independent health and disability
advocate from the nationwide advocacy service to help you resolve
your concerns (contact details for advocates are given on the back
page of this leaflet).
Why should I make a complaint?
Making a complaint is an important way of improving the quality of
services. Most people who make a complaint say they don't want what
happened to them to happen to someone else, and most providers find
it helpful to know about a consumer's concern so they can take
action to sort it out. It may be helpful for you to have an
acknowledgement of what happened as well as an explanation and an
apology. You may also find it helpful to hear what steps the
provider will take to improve their service for the benefit of
others.
How do I make a complaint?
You can make a complaint in the way that is easiest for
you--verbally (in person or by telephone) or in writing (by letter,
fax or email). You can give your complaint to:
- the person or people you are complaining about;
- a person in the organisation responsible for receiving
complaints (e.g., the complaints officer in a hospital);
- an advocate;
- the Health and Disability Commissioner.
What can I expect if I make a complaint
... to the provider?
Provider; must listen to your concerns and keep you informed about
their complaints process and what is happening with your complaint.
You can expect your complaint to be dealt promptly, and to receive
an explanation about any and actions taken.
... to a health and disability
advocate?
An advocate will listen to your concerns and explain the options
available to you. Advocates are on the side of the consumer and
will support and assist you in the actions you choose to take.
Complaints are usually dealt with more quickly through advocacy
than by other options. The service is free, confidential, and
independent of service providers (such as hospitals), service
funders, government agencies, and the Health and Disability
Commissioner.
... to the Health and Disability
Commissioner?
The Commissioner looks at each complaint and decides whether it is
necessary or appropriate to take further action. The Commissioner
may then:
- send the matter to an advocate to assist you with your
complaint;
- send the complaint to the provider to sort out;
- refer the matter to another agency, such as the Ministry of
Health, a health practitioner registration authority, the Privacy
Commissioner or a Mental Health District Inspector;
- recommend a mediation meeting; or
In a small number of complaints, the Commissioner may decide to
start a formal investigation. An investigation can take some time,
as the Commissioner is impartial and needs to allow everyone
involved in the complaint to have their say. Not all issues
investigated are found to be a breach of the Code.
Sometimes there may be no clear outcome and no further action is
taken.
You can expect regular communication from the Commissioner's
office until a final decision is made. You can also expect an
explanation about how the Commissioner has decided to deal with
your complaint and what the final decision is.
Will the provider be disciplined if my rights have
been breached?
In a small number of investigated complaints the Commissioner may
refer the case to the Director of Proceedings. The Director is an
independent prosecutor who can take a case to the Health
Practitioners Disciplinary Tribunal (HPDT) or to the Human Rights
Review Tribunal (HRRT), or both. Information about the Director of
Proceedings and cases that have been heard by a Tribunal can be
found on the HDC website (www.hdc.org.nz).
Can I get compensation if my rights have been
breached?
The Commissioner does not have any power to give compensation.
Sometimes providers may agree to a refund as part of resolving the
complaint. Some consumers may be entitled to ACC compensation if
they have suffered a personal injury from their treatment. In
certain limited circumstances, damages are awarded by the HRRT.
Code of Rights
Right 1
- You should be treated with respect, including respect for your
personal privacy.
- Services should take into account your cultural, religious,
social and ethnic needs, values and beliefs.
Right 2
- You should be free from discrimination on the grounds of age,
gender, race, beliefs, marital or family status, employment, sexual
orientation or disability.
- Services should be delivered without coercion, harassment or
any form of exploitation.
Right 3
- Services should be provided in a way that respects your dignity
and independence.
Right 4
be provided with reasonable care and
skill;
meet legal, ethical, professional and other relevant
standards;
be consistent with your needs;
minimise potential harm.
- Providers should co-operate with each other to ensure you have
quality care.
Right 5
- Information should be given in a form, language and manner that
you can understand.
- You should be listened to.
- A competent interpreter should be available if you need one and
if it is reasonably practicable to provide one.
- Communication should take place in an environment that supports
open, honest and effective discussion.
Right 6
- You should always receive the following information:
an explanation of your
condition;
your options, including the expected risks, side effects, benefits
and costs;
an estimate of when you will receive a service;
advice of any possible involvement in teaching or research;
the results of tests or procedures;
the information you need to make a decision.
- You should be given honest answers to your questions relating
to services. This includes questions about:
the identity or qualifications of a
provider;
your provider's recommendations;
how to get another opinion;
results of research you were involved in.
- You have a right to request and receive a written summary of
information.
Right 7
- You should receive a service only when you have made an
informed choice and given your informed consent.
- You should be presumed to be competent to make choices and give
consent unless there are reasonable grounds for a provider to
conclude otherwise.
- If you have diminished competence (for example, you are a
child), you should be allowed to make choices and give consent to
the level of your ability.
- In circumstances where services have to be delivered without
your consent, they should be in your best interests. Steps should
be taken to discover whether services would be consistent with your
wishes, including discussing the matter with available family and
close friends.
- You may make a decision in advance, in accordance with common
law.
- Your consent should be obtained in writing when you will be
involved in research, an experimental procedure, a general
anaesthetic or where there are possible significant adverse
effects.
- You may refuse services and withdraw your consent.
- You may change to another provider where it is practicable to
do so.
- You may make decisions about the storage or use of body parts
or bodily substances.
Right 8
- You may have a support person or persons of your choice with
you, as long as it is safe and other consumers' rights are not
unreasonably affected.
Right 9
- All of these rights apply when you are being asked about or
taking part in teaching or research.
Right 10
- You may make a complaint in any form appropriate to you.
- You should be advised of your provider's complaints and appeals
procedure.
- You should be kept informed about the progress and outcome of
your complaint.
- You should be advised of the availability of advocates and the
Health and Disability Commissioner to assist with your
complaint.
- You should not be adversely affected as a result of making a
complaint.
Do these rights always apply?
Sometimes a provider may not be able to meet all of these rights.
However, they must always do what they reasonably can under the
circumstances.
Further information and contact details
For further information and help, or to request information on
self-advocacy or how to make a complaint, contact:
The Nationwide Advocacy Service
Free Phone: 0800 555 050
Free Fax: 0800 2 SUPPORT / 0800 2787 7678
Email: advocacy@advocacy.org.nz
The Health and Disability Commissioner
PO Box 1791, Auckland
Auckland: ph/TTY (09) 373 1060
Wellington: (04) 494 7900
Other areas: ph/TTY 0800 11 22 33
Fax: (O9) 373 1061
Email: hdc@hdc.org.nz
Website: www.hdc.org.nz
End of Learning from Complaints