Directorate of Patients’ Rights & Complaints

In order to maintain transparency and accountability in the health care system it is vital to have an effective and responsive complaint management system. The Commission accepts complaints regarding medical negligence, maladministration, malpractice or failure in provision of the healthcare services in accordance with the Khyber Pakhtunkhwa Health Care Commission (KP HCC), Act and Regulations.

 

Legal Provisions

The directorate is mandated to implement the system of imposing fines and penalties as per the regulations of the Khyber Pakhtunkhwa Health Care Commission. The Commission believes that complaints are often rich source of firsthand information about the problems emanating from healthcare systems and services, which affects both the providers and receivers. Once the complaints are understood and addressed systematically, the quality of healthcare systems, services and outcomes will improve accordingly. In order to facilitate the complainants, KP HCC has established an online system of filing complaints.

 

Complaint Filing Procedure

  1. An aggrieved person shall first make a complaint to the concerned healthcare establishment in line with the Complaint Management System as established under sub-section 3 of the section 44 of the KP HCC Regulations.
  2. If the complaint of the aggrieved person is not addressed by the concerned healthcare establishment within thirty (30) days from the date of submission of the complaint, the aggrieved person may make a complaint to the Commission as provided in the Act, through online or manual system.
  3. Every Complaint should be accompanied by an affidavit, bearing signature or thumb impression, as the case may be, and it should be duly notarized or attested. The affidavit should clearly indicate that the information provided in the complaint are true to the best knowledge of the complainant; no suit, appeal or any proceedings are pending in any court of competent jurisdiction regarding the complaint; no allegation in the complaint is made without reasonable and justifiable ground(s) and without any malicious intent to defame, harass, embarrass and/or pressurize the party complained against.
  4. In case the complaint is proved to be false, the complainant shall be liable to pay fine, which may extend to two hundred thousand rupees (Rs. 200,000).
  5. The Khyber Pakhtunkhwa Healthcare Commission shall not entertain the complaint if:
  6. The Khyber Pakhtunkhwa Healthcare Commission shall not entertain the complaint if:
    • It is not accompanied by the requisite affidavit as elaborated in the sub-section 3 of section 45 of KP HCC Regulations;
    • The complaint is anonymous or pseudonymous;
    • The complaint is time barred under sub-section 2 of section 45 KP HCC Regulations;
    • The subject matter is sub-judice before a court of competent jurisdiction on the date of receipt of the complaint;
    • The subject matter of the complaint does not fall within the purview of the KP HCC Act, 2015.