Raising a Complaint

Your Rights

Article 31 of the Transitional Constitution of South Sudan (2011), as amended in 2018, states that: All levels of government shall promote public health, establish, rehabilitate and develop basic medical and diagnostic institutions and provide free primary health care and emergency services for all citizens. It is also internationally recognized by patients’ Charter Rights that all people have the right to good health and quality healthcare, which includes:

• Right to access health care.
• Right to receive emergency treatment in any health facility.
• Right to be informed of all the provisions of one’s Medical Scheme / Health Insurance Policy.
• Right to choose a health care provider.
• Right to the highest attainable quality of health care products and services.
• Right to refuse treatment.
• Right to confidentiality.
• Right to informed consent to treatment.
• Right to information concerning one’s health and health care.
• Right to be treated with respect and dignity.
• Right to a second medical opinion.
• Right to complain about healthcare, to have your complaint investigated and to receive a full response thereafter.
• Right to insurance coverage without discrimination.
• Right to donate his or her organs and/or any other arrangements / wishes upon one’s demise.

What You Can Complain About

• Delayed diagnosis
• Dental malpractice
• Failing to submit medical report
• Failure to treat
• Medical malpractice
• Misdiagnosis
• Mismanagement
• Overcharging
• Patient abandonment
• Referral / Transfer without proper instruction
• Surgical error
• Undertaking a procedure without informed consent
• Unprofessional / Unethical conduct
• Wrong treatment / Wrong medication
• Other (Please specify)

Who You Can Lodge a Complaint Against

One can lodge a complaint against the following:

• Medical Practitioners
• Dental Practitioners
• Health Institutions

NOTE: Laboratory Technologists / Technicians, Associate Clinicians, Clinical Officers, Pharmacy Technicians, Nurses and Midwives are not registered by the Council.

How to Lodge a Complaint

To enable the Council begin investigations into the complaint, one must fill in the Application for Lodging a Complaint Form and follow the instructions therein. The form summarizes the following:

• The name of the doctor you wish to make a complaint about.
• The date (or approximate date) that the incident (or incidents) occurred.
• Details of the incident – e.g. where it happened, what you feel the doctor has done wrong, what happened to you as a result of the doctor’s actions.
• If you have already complained to the hospital administration or other organization, it will help us if you can provide details of who you complained to and what the outcome was.

This information will be filled onto the complaint form that can be picked from the Council office or downloaded from the Council website through the Application for Lodging Complaint Form (9). All complaints must be submitted in writing, addressed to the Secretary General of the Council, either via:

How the Council Handles Complaints

Please note that investigation of a complaint can be lengthy. However, the Legal Department at the Council shall do everything, within the law, to ensure your matter is determined as soon as possible.

• Complaint received by the Council, complete with supporting documents, is forwarded to the practitioner and/or institution (within five (5) working days) to respond to allegations.
• The complaint and the response of the respondent is tabled before the Disciplinary & Ethics Committee in a scheduled meeting.
• At inquiry, documentary evidence may suffice for the committee to make a decision. If necessary, the committee may also call for oral evidence.
• The decision of the Preliminary Inquiry Committee shall be communicated to you in writing within thirty (30) days.