Complaints, comments and general questions about health services

-Automatic translation

Suppose the complainant or their representative considers that the opinion of the Directorate of Health is based on incorrect or insufficient information or that the opinion has a deficiency that affects its conclusion. In that case, there may be grounds for requesting a reopening of the case. Before doing so, it is essential to keep the following in mind:

• The opinion of the Medical Director of Health is not an administrative decision within the meaning of paragraph 2 of Article 1 of the Administrative Procedures Act since the conclusion of the Medical Director of Health does not bindingly stipulate the rights and obligations of people, but rather a professional opinion of the Medical Director of Health as to whether the correct procedures have been followed in the provision of health services.

• In assessing whether the Medical Director of Health should issue a new opinion, there has to be a doubt that the opinion issued was based on correct and adequate information. This decision is also subject to the Medical Director of Health and Public Health Act and the unwritten principles of the Administrative Procedures Act. In assessing this, the Directorate of Health must consider the nature of the deficiency, if any, and its impact.

• A request for a reopening of cases must be accompanied by reasoning for the above.

• The Directorate of Health emphasises that the complaints procedures are time-consuming. The experts at the Directorate of Health evaluate the available data, medical records, and parties' statements. As a rule, the opinion of a disinterested specialist is also requested. Thus, there must be compelling reasons for reopening complaints.

• If the Medical Director of Health considers that the conditions for reopening a case are not demonstrated, such a request is denied.

• A decision to refuse to reopen cases can be appealed to the Minister within three months of receipt of the refusal.