Unsatisfactory treatment, an incorrect diagnosis, refusal to provide medical records, or suspected medical malpractice. If you encounter any of these situations in Cyprus, it is important to know how to protect your rights and where to turn for help.
However, not all medical disputes are resolved in the same way. Depending on the circumstances, a patient may file a complaint about a violation of their rights, initiate disciplinary proceedings against a doctor, or seek compensation for the damage suffered. These are three different procedures, and one does not replace another. For example, having a complaint about a patient's rights reviewed does not, in itself, guarantee disciplinary action against a doctor or the payment of compensation.
Let us look at how to proceed in each of these situations.
Step 1. Gather Your Medical Records
Before filing a complaint, document what happened and collect the records that can help substantiate your account.
First, you will need medical reports, test and examination results, discharge summaries, treatment plans, and prescriptions. If you consulted another doctor after the treatment in question, keep their medical reports as well. These documents may help assess your health condition and the consequences of the treatment you received.
You should also record the sequence of events: when you sought medical assistance, which procedures were performed, what the doctor told you, and what problems arose afterward. If you need additional medical records, request them from the clinic through the established procedure.
Keep copies of your requests, emails, and responses from the healthcare provider. Written evidence can help reconstruct the sequence of events and establish what steps you took. If your health is deteriorating, do not delay seeking medical attention in order to prepare a complaint.
Step 2. Determine Exactly What You Want to Complain About
Before submitting a complaint, it is important to identify the nature of the problem.
For example, you may believe that a clinic violated your rights by refusing to provide access to your medical records. Alternatively, you may suspect that a doctor breached professional standards. You may also have experienced complications after treatment that you believe resulted from inadequate medical care. Depending on the situation, you need to choose the appropriate mechanism for protecting your rights.
1. Complaint About a Violation of Patient Rights
This type of complaint is appropriate when the issue concerns a violation of a patient's rights in the course of receiving medical care.
For example, a patient may not have received the necessary information about their treatment, may not have given properly informed consent, may have experienced a breach of medical confidentiality, or may have been denied other rights provided by law.
In Cyprus, patient rights are governed by the Protection and Safeguarding of Patients' Rights Law 1(I)/2005, as subsequently amended.
Where should you submit your complaint?
Depending on the healthcare facility and the nature of the complaint, you may contact the person responsible for patient rights or the competent authority that handles complaints concerning violations of patient rights.
For information about the current complaint procedure and the powers of the relevant authorities, consult the official website of the Cyprus Ministry of Health:
https://www.gov.cy/moh/en/patients-rights-commission/
Your complaint should describe the circumstances of the incident, specify which rights you believe were violated, and include supporting documents. It is important to understand that a complaint submitted through the patient rights protection mechanism does not replace disciplinary proceedings and is not, in itself, a procedure for obtaining compensation for medical malpractice.
2. Disciplinary Complaint Against a Doctor
If you believe that a doctor has violated professional or ethical standards, you may consider filing a disciplinary complaint.
Possible grounds include suspected professional misconduct, inappropriate behaviour by a medical practitioner, or other actions that require assessment by the competent professional body.
Where should you submit your complaint?
Depending on the circumstances and applicable rules, jurisdiction may lie with the Cyprus Medical Council or the relevant body of the Pancyprian Medical Association. Before filing a complaint, it is important to verify which body is authorised to consider the specific matter.
The Pancyprian Medical Association publishes information about filing complaints against doctors:
https://cyma.org.cy/complaints/
According to the published instructions, there are requirements governing the format of the complaint and a fee of €100. Before submitting your complaint, check the current requirements, the list of necessary documents, and the procedure for reviewing the case. In your complaint, provide the doctor's details, the date and location where the medical care was provided, the circumstances of the incident, and the specific actions that you are challenging.
It is advisable to attach medical records and other materials that support the facts described in your complaint. Disciplinary proceedings are intended to assess a doctor's professional conduct. They do not guarantee that the patient will receive compensation for the damage suffered.
3. Claiming Compensation for Medical Malpractice
If you believe that inadequate medical care has harmed your health or resulted in financial losses, a separate legal procedure may be necessary.
For example, complications may have developed following treatment, additional medical interventions may have become necessary, or the patient may have temporarily or permanently lost the ability to work. However, an adverse treatment outcome does not, by itself, prove medical malpractice. The circumstances of the case, the healthcare professional's actions, the nature of the harm suffered, and the existence of a causal link between the alleged negligence and the consequences must all be assessed.
What should you do in this situation?
The first step is to consult a lawyer who specialises in medical law or professional negligence claims.
Depending on the circumstances, you may need an independent medical opinion, a review of your medical history, evidence of treatment expenses, and documents demonstrating other consequences for your health and quality of life. After reviewing the available evidence, a lawyer can assess the prospects of your claim, identify potentially liable parties, and explain the next steps. Depending on the situation, the matter may be resolved through negotiations or court proceedings.
Do not postpone seeking legal advice. The time limits for bringing claims depend on the circumstances of the case and the applicable legislation.
Important: You do not always need to obtain a disciplinary ruling against a doctor before pursuing compensation. At the same time, even an established professional violation does not automatically entitle a patient to compensation.
Step 3. What If You Have Complaints Against Both the Doctor and the Clinic?
Sometimes a dispute involves several issues at once.
For example, a patient may suspect medical malpractice, believe that their rights have been violated, and simultaneously face a refusal by the clinic to provide medical records. In such cases, several separate complaints or legal actions may be necessary.
A complaint concerning a violation of patient rights addresses compliance with those rights. A disciplinary complaint concerns the doctor's professional conduct. A compensation claim seeks redress for the harm suffered. It is important to bear in mind that the liability of a healthcare institution and that of an individual medical professional depend on the circumstances of the case and the applicable legal provisions.
Therefore, before submitting any complaints, it is helpful to determine which actions you are challenging, what evidence you have, and what outcome you want to achieve.
Step 4. How to Draft a Complaint Correctly
Regardless of the procedure you choose, your complaint should contain specific facts and a clear description of the problem.
Provide your contact details, the name of the healthcare facility, the doctor's name, the date the medical care was provided, and the circumstances of the incident. Describe what happened in chronological order and explain which actions or omissions are the subject of your complaint.
Attach medical reports, examination results, correspondence with the clinic, and any other supporting documents. At the end, clearly state what you want to achieve: a review of an alleged violation of patient rights, an investigation into the doctor's professional conduct, or compensation for the damage suffered.
Avoid making unsubstantiated accusations. It is better to describe specific events and support your statements with documentary evidence. Before submitting the complaint, check whether you have complied with the relevant authority's requirements regarding the language, format, and supporting documents. Keep a copy of the complaint and proof that it was submitted.
Step 5. What Should You Do If Your Complaint Is Rejected?
If your complaint is rejected or you disagree with the outcome of the review, the next steps will depend on where you submitted it and what decision was made.
In some cases, you can request an explanation of the reasons for the rejection, clarify whether further review is possible, or use the appeal procedures provided by law.
If your goal is to obtain compensation, separately consider whether you can bring a civil claim. Do not assume that resubmitting the same complaint will automatically change the outcome. It is important to understand the reasons for the rejection, check whether the correct procedure was followed, and determine whether additional evidence or legal assistance is needed.
Key Points Patients in Cyprus Should Know
If you are involved in a dispute with a doctor or clinic, first determine what outcome you need. A complaint concerning a violation of patient rights, a disciplinary complaint, and a compensation claim serve different purposes and are handled under different procedures.
Depending on the circumstances, these procedures may be pursued in parallel. For example, a patient may file a complaint about a violation of their rights while also considering a claim for compensation. Choosing the appropriate course of action can help you avoid unnecessary complaints and focus on protecting your interests.
If your situation involves suspected medical malpractice, serious consequences for your health, or significant financial losses, do not limit yourself to contacting the healthcare provider. Consider obtaining an independent medical assessment and legal advice.
Where Can You Find a Lawyer in Cyprus?
If you need legal assistance with a dispute involving a doctor or healthcare institution, you can search for a specialist through the LegalHelpCY platform.
The website lists lawyers and law firms that you can contact to find appropriate legal assistance.
Find out more: https://legalhelpcy.com/ru/search
This article is intended for informational purposes only and does not replace individual legal advice. The appropriate course of action depends on the circumstances of the case and the applicable laws of Cyprus.
