Medical Complaint Letter (Hong Kong)

A Medical Complaint Letter in Hong Kong sets out the writer's position and the response or action requested from the recipient.

Hong Kong’s healthcare complaint system operates through several channels depending on the nature of the complaint and the type of facility involved. The Medical Council handles complaints about individual registered doctors — general practitioners, specialists, and hospital-based physicians — who hold practising certificates issued under Cap. 161. The Hospital Authority Patient Relations service manages complaints about public hospital care at facilities across Hong Kong Island, Kowloon, and the New Territories, including Queen Mary Hospital in Pok Fu Lam, Prince of Wales Hospital in Sha Tin, Pamela Youde Nethersole Eastern Hospital in Chai Wan, Queen Elizabeth Hospital in Kowloon, and Tuen Mun Hospital in the New Territories. The Department of Health’s Licensing Office handles complaints about private hospitals under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap. 165), supplemented by the Private Healthcare Facilities Ordinance (Cap. 633) which came into effect in phases from 2020 and strengthens oversight of private hospital operators.

The Medical Council’s jurisdiction under Cap. 161 is limited to registered medical practitioners — persons holding a full or limited registration and a valid practising certificate issued by the Council. Complaints about other regulated healthcare professionals must be directed to the relevant body: nurses to the Nursing Council under the Nurses Registration Ordinance (Cap. 164); dentists to the Dental Council under the Dentists Registration Ordinance (Cap. 156); Chinese medicine practitioners to the Chinese Medicine Council under the Chinese Medicine Ordinance (Cap. 549); physiotherapists to the Physiotherapists Board under the Physiotherapists Registration Ordinance (Cap. 359); and optometrists to the Optometrists Board under the Optometrists Registration Ordinance (Cap. 356).

A formal Medical Complaint Letter in Hong Kong sets out the complainant’s full identity, the name and registered details of the doctor or facility complained against, a precise chronological account of the relevant events, the specific professional conduct alleged to be improper (referenced where possible to the Medical Council’s Code of Professional Conduct), and the documentary evidence supporting the complaint. The letter initiates the screening process before the Medical Council’s Complaints Committee under Section 17 of Cap. 161, which determines whether a prima facie case of professional misconduct has been established.

Forms-legal.com provides a Hong Kong Medical Complaint Letter template that helps patients and their representatives structure their account clearly, identify the correct respondent body, and include all information required for the Medical Council’s initial assessment process.

A Medical Complaint Letter in Hong Kong is needed whenever a patient or their representative wishes to formally report concerns about a registered medical practitioner’s professional conduct or the standard of medical care received, and informal attempts to resolve the matter with the clinic or hospital have not produced a satisfactory response.

Complaints about professional misconduct should be directed to the Medical Council of Hong Kong under the Medical Registration Ordinance (Cap. 161). Professional misconduct encompasses a wide range of conduct including: sexual misconduct during clinical examination or consultation; improper prescribing or over-prescribing of controlled drugs regulated under the Dangerous Drugs Ordinance (Cap. 134) and the Pharmacy and Poisons Ordinance (Cap. 138); falsifying medical certificates or sick leave certificates; issuing certificates without proper examination; overcharging or fee disputes where the charges were misrepresented; breaches of patient confidentiality under the Code of Professional Conduct for the Guidance of Registered Medical Practitioners; failure to obtain informed consent before a procedure; and conduct that falls below the standards reasonably expected of a registered medical practitioner.

Complaints about substandard clinical care — misdiagnosis, delayed diagnosis of a serious condition, surgical errors, wrong-site surgery, medication errors (wrong drug or dosage), inadequate post-operative monitoring, or unjustified delayed referral to a specialist — may be directed simultaneously to the Medical Council and to the hospital’s patient relations department. The Medical Council assesses whether the doctor’s clinical decisions fell below the standard expected of a reasonably competent practitioner in the same specialty.

A formal written complaint is needed to trigger the Hospital Authority’s formal complaint investigation process. Under the Hospital Authority’s complaints policy, a written submission is required to produce a written response within 60 calendar days for straightforward cases, or longer for complex clinical cases requiring multi-disciplinary review. An oral complaint to a ward nurse or verbal notification to a ward manager does not initiate the formal investigation process and will not generate a binding written response.

Patients who have suffered serious harm — permanent disability, disfigurement, or the death of a family member — should lodge a formal Medical Council complaint and take legal advice promptly. The Limitation Ordinance (Cap. 347) imposes a strict 3-year limitation period from the date of knowledge of the negligence for personal injury claims in the District Court or Court of First Instance. A Medical Council complaint does not stop this clock running — civil and regulatory proceedings are independent.

Complaints about private hospital standards, facilities, or administration should be directed concurrently to the Department of Health’s Licensing Office under Cap. 165 and Cap. 633, as well as the relevant hospital’s internal complaints procedure.

A Hong Kong Medical Complaint Letter addressed to the Medical Council of Hong Kong, the Hospital Authority, or the Department of Health should include the following key elements to enable a thorough investigation under the Medical Registration Ordinance (Cap. 161) and applicable complaint procedures.

Complainant’s details: Full name, Hong Kong identity card number or passport number, contact address, telephone number, and email address. Where the complainant is a family member acting on behalf of a deceased or incapacitated patient, the relationship to the patient and authority to act should be stated clearly — the Medical Council may require written consent or proof of next-of-kin status.

Doctor or facility complained against: The full name of the registered medical practitioner as listed on the Medical Council’s register (publicly searchable on the Council’s website), their practising address or affiliated hospital, and their specialty. The Medical Council’s registration number, if known, assists in identifying the correct practitioner. For complaints about a hospital or clinic, the full legal name and address of the facility and the relevant ward, department, or service should be specified.

Chronological account of events: A precise, date-specific narrative covering all relevant events — dates and locations of consultations, diagnoses given, treatments and procedures performed, medications prescribed, investigation results provided, and communications received from the doctor or facility. Precision about dates is essential because the Medical Council’s Complaints Committee under Section 17 of Cap. 161 assesses whether the practitioner’s conduct at each specific point met the required standard.

Specific professional conduct alleged: Clear identification of the specific act or omission considered improper — for example, failure to obtain informed consent before a procedure under the Medical Council’s Code of Professional Conduct; prescribing a medication without adequate clinical review or in breach of the Dangerous Drugs Ordinance (Cap. 134) or the Pharmacy and Poisons Ordinance (Cap. 138); falsifying a sick leave or medical certificate; overcharging or misrepresenting fees; or breaching patient confidentiality. Generic dissatisfaction with outcome is less effective than specific factual allegations referenced to the Code of Professional Conduct.

Supporting documentary evidence: Copies of all medical records, clinical notes, investigation and pathology results, imaging reports, prescriptions, receipts, photographs, appointment confirmations, and any written communications (including emails and messages) with the doctor or facility. Documents should be indexed and clearly referenced in the complaint letter. Under the Hospital Authority’s Code of Hospital Ethics, patients and their authorised representatives are entitled to access their own medical records.

Remedy sought: The complainant should specify clearly whether they seek a disciplinary investigation by the Medical Council, a formal explanation of the clinical decisions made, or civil compensation through the District Court or Court of First Instance. The Medical Council under Cap. 161 has no power to award financial compensation — a civil negligence claim against the practitioner and/or their employer is a separate proceeding subject to the 3-year limitation period under the Limitation Ordinance (Cap. 347).

Declaration of truth: A signed statement that all information in the complaint is true and accurate to the best of the complainant’s knowledge.

Forms-legal.com provides the complete Medical Complaint Letter template for Hong Kong, covering Medical Council, Hospital Authority, and Department of Health complaint submissions.

Preparing and filing a Medical Complaint Letter in Hong Kong involves identifying the correct respondent body, assembling supporting evidence, and drafting a structured written complaint before submitting it to the Medical Council of Hong Kong or the relevant authority.

Step 1 — Identify the correct respondent body. Before drafting, determine where to direct the complaint. Complaints about a registered medical practitioner's professional conduct are submitted in writing to the Complaints Secretary, Medical Council of Hong Kong, Duke of Windsor Social Service Building, 15 Hennessy Road, Wan Chai. Complaints about care in a Hospital Authority public hospital are submitted to the Patient Relations Manager at the relevant hospital (for example, Queen Mary Hospital, Prince of Wales Hospital, or Queen Elizabeth Hospital). Complaints about private hospitals are directed to the Department of Health's Licensing Office under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap. 165) and the Private Healthcare Facilities Ordinance (Cap. 633). Filing with the Medical Council and the Hospital Authority simultaneously is permitted and common.

Step 2 — Request your medical records first. Under the Hospital Authority's Code of Hospital Ethics, patients and authorised representatives are entitled to access their own clinical notes, investigation results, and discharge summaries. Submit a written access request to the medical records office of the relevant hospital or clinic before drafting the complaint. Most facilities release records within 10 to 21 working days. These records form the evidentiary foundation of the complaint.

Step 3 — Compile all supporting evidence. Assemble medical records, pathology and imaging reports, prescriptions, receipts, photographs of injuries, appointment confirmation letters, and all written communications — emails, WhatsApp messages, and correspondence — with the doctor or facility. Index the documents chronologically. Obtain witness statements from family members present during consultations.

Step 4 — Draft the complaint letter with a precise chronological account. Open by identifying the document as a medical complaint in Hong Kong and stating the complainant's full name, HKID number, contact address, and telephone number. Name the registered medical practitioner complained against as listed in the Medical Council's public register, their practising address, and specialty. If the complaint is about a facility, state the ward, department, and service involved.

Step 5 — State the chronological facts precisely. List every relevant date: date of each consultation, diagnosis received, procedure performed, medication prescribed, and communication received from the doctor or clinic. Attach the relevant documents as numbered exhibits referenced in the text.

Step 6 — Identify the specific professional conduct alleged. Reference the Medical Council's Code of Professional Conduct for the Guidance of Registered Medical Practitioners where possible — for example, failure to obtain informed consent, breach of patient confidentiality, improper prescribing under the Dangerous Drugs Ordinance (Cap. 134), or conduct below the standard of a reasonably competent practitioner in the specialty. The Medical Registration Ordinance (Cap. 161) Section 21 sets out the grounds for the inquiry committee's jurisdiction.

Step 7 — State the remedy sought. Specify clearly whether the complaint seeks a disciplinary investigation under Section 17 of Cap. 161, a formal explanation, or both. Note that the Medical Council has no power to award financial compensation — a civil negligence claim is a separate proceeding. If a civil claim is contemplated, take legal advice promptly: the Limitation Ordinance (Cap. 347) imposes a strict three-year limitation period from the date of knowledge of the negligence.

Step 8 — Sign, date, and submit. Sign the complaint letter with a declaration that all information is true and accurate to the best of the complainant's knowledge. Deliver the letter and all exhibits to the Medical Council Secretariat by post or hand delivery. No filing fee applies to a Medical Council complaint. Request acknowledgement of receipt in writing.

Timeline. The Medical Council's Complaints Committee under Section 17 of Cap. 161 screens the complaint and refers prima facie cases to an inquiry committee. The full process from filing to decision typically takes 12 to 24 months.

Record retention. Keep copies of the complaint letter, all exhibits, and all subsequent correspondence with the Medical Council, the Hospital Authority, or the Department of Health for at least six years.