Thursday, November 12, 2026

MEDICAL NEGLIGENCE OR COMPLAINT? WHAT IS THE DIFFERENCE AND WHERE DO WE ADDRESS?





MEDICAL NEGLIGENCE OR COMPLAINT?  WHAT IS THE DIFFERENCE AND WHERE DO WE ADDRESS? - Filenews 12/11

A patient feels that he was not properly informed before a medical procedure. Someone else complains of a violation of his medical confidentiality. A third believes that a serious medical error caused his health to deteriorate.

In all three cases there is a reason to investigate. However, the same procedure is not necessarily followed.

The violation of a patient's rights is one thing and possible medical negligence is another. The distinction is crucial because different bodies have different responsibilities.

In Cyprus, the Patient Complaints Management Mechanism operates under the supervision of the Patient Ombudsman and covers health services in both the public and private sectors, regardless of whether they are provided through the GHS.
When do we file a complaint?


A complaint can be filed when the patient considers that one of his guaranteed rights has been violated while receiving health services.

Such issues may concern:

Incomplete information about his health condition or the proposed treatment.
Consent issues before medical procedures.
Violation of medical confidentiality or confidentiality.
Problems of respect for the dignity and rights of the patient.
Barriers to equal access to health services.

Lodging a complaint does not automatically mean that an infringement has been established. It means that the patient is asking for specific facts to be examined.

Where do we go first?

The first point of contact is, as a rule, the Patients' Rights Officer of the hospital or health service provider.

The operator informs the patient of his rights, receives complaints and contributes to the resolution of problems.

When the patient wishes for a formal investigation and a written response, he must submit his complaint in writing.

Submission can be done with the prescribed form, which is requested by the provider, either by physical delivery or by e-mail.

If the provider employs three or fewer people and does not have a Patient Rights Officer, the complaint may be submitted directly to the relevant District Complaints Review Committee.

How long do they have to respond?

The Patients' Rights Officer must confirm receipt of the complaint.

Within two working days, he must inform the patient in writing of the actions taken or of the result of his handling.

If the issue is not resolved and forwarded to the District Complaints Examination Committee, written notification of the outcome is provided within one month of receipt of the complaint by the Committee.

When does the District Committee intervene?


The District Committees examine patient complaints in the first or second instance, as the case may be.

The patient can turn to the competent Committee when he is not satisfied with the handling of his complaint or when the provider does not have a Patient Rights Officer.

The Committees examine issues that fall under the legislation on patients' rights.

However, they do not have the power to decide whether there has been medical negligence, to award damages or to impose disciplinary sanctions.

What happens when we suspect medical negligence?

Medical negligence refers to cases in which the question arises as to whether a healthcare professional has deviated from the required level of professional care and whether his or her possible omission or act has caused harm to the patient.

Not every complication, undesirable treatment result or misjudgement is automatically evidence of medical negligence.

Establishing potential liability requires an examination of the specific incidents and, usually, a specialized medical and legal assessment.

A patient who considers that he or she has suffered harm due to medical negligence may seek legal advice on the possibilities of claiming compensation through the courts.

Depending on the nature of the case, issues of professional disciplinary action or possible criminal investigation by the competent authorities may also arise.

These procedures are distinct from the complaints mechanism for patients' rights.

What data do we need to gather?

Whether it's a complaint or a case of potential medical negligence, it's helpful to maintain:

The dates and times of the incidents.
The details of the hospital, the department and the persons involved.
The relevant medical opinions, examinations and documents that we have.
The correspondence with the provider and the responses we have received.
A clear record of what happened and what issue we are asking to be examined.

The patient does not need to use legal or medical terminology to file a formal complaint. However, it needs to describe the facts clearly.

What is the role of the Patient Ombudsman?

The Patient Ombudsman is an independent institution that was strengthened by the legislative changes of 2025.

It oversees the complaint management mechanism, coordinates the Patient Rights Officers and District Committees, provides guidance and issues recommendations within the framework of its responsibilities.

It does not, however, replace the courts or the competent bodies investigating medical negligence.

Contact details of the Patient Ombudsman:

Contact number: 22 748300

Email: advocate@patientadvocate.gov.cy

Address: 10 Markou Drakou Street, 4th floor, 1040 Nicosia.

To submit a complaint, citizens are invited to first contact the Patient Rights Officer of the competent provider.

What we need to remember

The right to lodge a complaint is guaranteed and its exercise must not negatively affect the care received by the patient.

If, however, the issue is the investigation of possible medical negligence or the claim for compensation, a different procedure is needed.

Choosing the right competent body from the beginning can prevent delays and unnecessary inconvenience.