Kenya - How to Lodge a Medical Malpractice Complaint

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Procedure

• One can lodge a complaint against the following:
  • Medical Practitioners
  • Dental Practitioners
  • Health Institutions

NOTE: Pharmacists, nurses, clinical officers are not registered by the Council and one cannot lodge a complaint against them to the KMPDC.
Apply In Person

1. One can lodge a complaint against a Medical Practitioner, Dental Practitioners and/or Health Institutions by visiting the Kenya Medical Practitioners and Dentists Council’s (KMPDC) offices. The contact information of the KMPDC offices can be found in the “Office Location & Contact” Section of this page.
2. Here the institutions contact person will be given an Application for Lodging a Complaint to fill and submit. The application form can also downloaded from the KMPDC’s official website through the following (link).
3. Fill in the application form and attach the required documents. A list of the required documents is mentioned in the “Required Documents” section of this page.
4. Submit the completed application form and all the required documents to the Kenya Medical Practitioners and Dentists Council’s offices. You can submit the completed application form in any of the following ways:

   (1). General Mail
   

   Medical Practitioners and Dentists Council
   

   P.O. Box 44839 – 00100
   

   NAIROBI
   

   
   

   (2). Hand Delivery

   2nd Floor Legal Department

   Medical Practitioners and Dentists Council

   Woodlands Rd, Off Lenana Road

   Hurlingham, Nairobi

   
   

   OR

   Vie email through e-mail: [email protected]

5. Once the complaint with all the supporting documentation is received by the council. The council will forward the complaint to the practitioner/or institution (within five (5) working days) to respond to the allegations in the complaint.
6. The complaint and the response of the respondent is tabled before the Disciplinary & Ethics Committee for discussion in their next scheduled meeting
7. The decision of the Preliminary Inquiry Committee shall be communicated to you in writing within thirty (30) days

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Required Documents

• Attach a double-spaced typed narrative explaining the background history of the matter in detail. (Mandatory)
• Identification document of complainant
• Any supporting document (e.g., receipts, X-rays, admission cards etc.)

Office Locations & Contacts

Kenya Medical Practitioners and Dentists Council - Head Office
Woodlands Rd, Hurlingham,
Nairobi.
P.O. Box 44893 - 00100,
Nairobi,
Kenya.
Email: [email protected]
Tel: +254-727666444 | +254-111052222
Website: Link

Eligibility

• Any one is eligible to make this application.

Fees

• The service is free of charge.

Validity

• Until the complaint is resolved.

Documents to Use

• Application for Lodging a Complaint

Sample Documents

 Please attach sample completed documents that would help other people.

Processing Time

• Please note that investigation of a complaint can be a lengthy process. However, the Legal department at the Council shall do everything, within the law, to ensure that your matter is determined at the shortest time possible.

Related Videos

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites. 	
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g., In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

Please provide other instructions related to the certificate/documents.
 e.g. The state office holds birth records since january 1908.

Required Information

• Details of the complainant/representative
  • Name of complainant/representative:
  • Identity/passport number:
  • Nationality:
  • Postal address:
  • Physical address:
  • County:
  • mobile number:
  • E-mail address:

Or

• • Name of institution:
  • Postal address:
  • Physical address:
  • Name of contact person:
  • Mobile number:
  • E-mail address:
• Details of the patient
  • Name of patient:
  • Identity/passport number:
  • Nationality:
  • Relationship to the patient:
• Details of the respondent(s)
• Details of the practitioner(s) being complained against
  • Name primary doctor/dentist:
  • Name of health facility:
  • County:
  • Postal address:
  • Physical address:
  • Mobile number:
  • e-mail address:
  • names of other practitioners being complained against:
• Details of the health facility being complained against
  • Name of health facility:
  • County:
  • Postal address:
  • Physical address:
  • Name of contact person:
  • Mobile number:
  • E-mail address:
  • Names of other health facilities being complained against:
  • Brief nature of the complaint

need for the document

• This service gives individuals a chance to lodge complaints against Medical Practitioners, Dental Practitioners and Health Institutions involved in medical malpractice.

Information which might help

• Neither the Preliminary Inquiry Committee nor Professional conduct Committee can order a health care practitioner or institution to pay damages to the person(s) lodging a complaint. However, members of the public who lodge a complaint through the Council may also independently and concurrently pursue their matters through civil litigation.
• What can you 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 uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

• Lodging a medical malpractice complaint

Others

Article 43 of the Constitution of Kenya (2010) provides that every person has the right to the highest attainable standard of health, which includes right to health care services, including reproductive health care.
Further, the National Patient’s Right Charter holds 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