Making a Formal Complaint About Your GP

For most of us in Ireland, our GP is the first point of contact when something is wrong with our health. We rely on them to listen carefully, take our concerns seriously, and refer us on when needed. When that relationship works well, it can make a very real difference to our care. However, there are times when things do not go as they should, and patients are left feeling unheard, dismissed, or genuinely worried about the quality of the care they have received.

If you find yourself in that position, you have the right to make a formal complaint. The process is not always straightforward, particularly because general practice in Ireland sits somewhere between public and private healthcare. At McCarthy + Co, we often speak with people who want answers about what happened but are not sure where to begin. This guide is intended to help you understand the options available, how the different complaint routes work, and how a complaint differs from a medical negligence claim.

The importance of your complaint

A formal complaint is not just about you. It can also help to improve standards of care for other patients. Raising concerns may prompt a practice to review its procedures, retrain staff, or change how it handles particular situations. In more serious cases, it can also lead to regulatory action that protects the wider public.

The reasons people make complaints about a GP are varied. They may relate to:

• A dismissive or disrespectful attitude during a consultation.
• A failure to listen to symptoms or take concerns seriously.
• Difficulty getting an appointment within an appropriate timeframe.
• Concerns about the quality of clinical assessment or examination.
• A perceived failure to refer to a specialist or arrange necessary tests.
• Issues with prescriptions, repeat medication, or follow-up care.
• Incorrect charging, particularly where you hold a medical card or GP visit card.
• Breaches of confidentiality or data protection.
• The conduct or behaviour of the GP or other staff in the practice.

Not every concern requires a formal complaint, and some matters can be resolved with a simple conversation. However, where the issue is more serious or where an informal approach has failed, a formal complaint may be the right step.

Understanding how general practice works

Before looking at the complaint routes, it helps to understand how GPs are organised in Ireland. Unlike hospital consultants employed by the HSE, GPs are generally independent practitioners. Many of them hold a contract with the HSE under the General Medical Services (GMS) scheme to provide services to medical card and GP visit card holders, but they are not HSE employees.

This is important because it affects which complaint procedure applies to your situation. Generally, the routes are as follows:

• If your complaint is about a GP at their own practice, the first step is usually to complain directly to the practice.
• If you hold a medical card or GP visit card, and your complaint involves the GMS service the GP provides under their HSE contract (for example, incorrect charging), you can also contact your HSE Local Health Office.
• If your complaint relates to an HSE-funded out-of-hours service, such as a GP cooperative, the HSE “Your Service Your Say” process is likely to apply.
• If your concern is about the GP’s professional conduct, performance, or fitness to practise, the Medical Council can investigate.

It is possible, and often appropriate, to use more than one route. For example, you might raise the matter with the practice first and then escalate it to the Medical Council if the response is unsatisfactory.

Step one: raising your concerns with the GP practice

In most cases, it makes sense to start with the practice itself. Many practices have a complaints procedure, and a written complaint to the practice manager or to the GP concerned will usually trigger that process. Putting your concerns in writing is generally preferable to a phone call, because it creates a clear record of what you raised and when.

When writing your complaint, try to be specific. Include:

• Your full name, date of birth, and contact details.
• The name of the GP or staff member involved.
• The date or dates on which the events occurred.
• A clear, factual description of what happened.
• The impact the matter has had on you.
• What you would like to happen, whether that is an apology, an explanation, a change in practice, or something else.

The practice should acknowledge your complaint, investigate it, and respond within a reasonable period. The effectiveness of a practice-level complaint depends very much on the willingness of the GP and the practice to engage with the process. If you are not satisfied with the response, or if no response is provided, you can escalate the matter.

Step two: complaining to the HSE where appropriate

If your complaint involves a service that the HSE is responsible for or that the HSE funds, you may be able to use the HSE’s formal complaints process, known as “Your Service Your Say”. This is established under Part 9 of the Health Act 2004 and the related regulations.

It is important to recognise the limits of this process where GPs are concerned. Because most GPs are independent practitioners, complaints about their own practice usually fall outside the scope of “Your Service Your Say”. However, the process does apply to:

• HSE-funded GP out-of-hours services and cooperatives.
• Aspects of the GMS contract that affect medical card and GP visit card holders, where the issue can be raised with the Local Health Office.
• HSE-provided primary care services delivered alongside or instead of GP care.

The “Your Service Your Say” process has four stages. Stage 1 is an informal resolution at the point of contact. Stage 2 involves a formal written complaint, which is assigned to a complaints officer and investigated within 30 working days, with updates every 20 working days if more time is needed. Stage 3 is an internal review by a separate review officer if you are not satisfied with the outcome. Stage 4 is an independent external review, usually by the Ombudsman. You can find a step-by-step guide from the Patient Advocacy Service, which is a free and independent service that can help you make a complaint.

A complaint to the HSE must generally be made within 12 months of the events complained of, or within 12 months of when you became aware of the issue. The HSE complaints officer has discretion to extend this period in certain circumstances.

Step three: complaining to the Medical Council

The Medical Council is the statutory body responsible for regulating doctors in Ireland. It maintains the register of medical practitioners, and it has the power to investigate complaints about a doctor’s fitness to practise under Part 7 of the Medical Practitioners Act 2007.

A complaint to the Medical Council is appropriate where your concern relates to the doctor’s conduct, performance, or ability to practise safely. The grounds on which a complaint can be made include:

• Professional misconduct.
• Poor professional performance.
• A relevant medical disability.
• A failure to comply with professional standards or registration conditions.
• A conviction for certain offences.

Anyone can make a complaint to the Medical Council, including patients, family members, other healthcare professionals, and members of the public. The complaint should be made in writing and should clearly set out the conduct that is said to amount to misconduct or poor professional performance. A useful PDF guide on making a complaint about a doctor is available from the Medical Council.

Once a complaint is received, it is considered by the Preliminary Proceedings Committee, which decides whether there is a prima facie case to investigate. If the committee believes the matter is serious enough, it may be referred to the Fitness to Practise Committee for a formal inquiry. The inquiry is similar to a court hearing, with sworn evidence and the potential for witnesses to be cross-examined. Hearings are often held in public.

If the allegations are upheld, the Medical Council has a range of sanctions available, including advice, censure, conditions on registration, suspension, and, in the most serious cases, cancellation of the doctor’s registration. It is important to be aware that the Medical Council cannot award compensation, require the doctor to apologise, or provide you with a detailed explanation of what happened during your care. Its role is regulatory, not compensatory.

Step four: escalating to the Ombudsman

If you have used the HSE complaints process and you are not satisfied with the outcome, you can bring the matter to the Office of the Ombudsman. The Ombudsman provides an independent, free review of how the HSE or a publicly funded service has handled your complaint, and can examine whether fair procedures were followed.

The Ombudsman does not generally deal with complaints about clinical judgement, and it does not cover most private health services. Where it does have jurisdiction, however, it offers a valuable independent check on how a complaint has been managed.

How a complaint differs from a medical negligence claim

It is important to be clear that making a formal complaint is a separate and distinct process from bringing a medical negligence claim. The two can run in parallel, but they are not the same thing, and they have very different aims and outcomes.

A complaint is generally focused on:

• Raising patient safety concerns.
• Seeking an explanation, an apology, or an acknowledgement.
• Encouraging changes in practice or procedure.
• In more serious cases, regulatory action against the doctor.

A medical negligence claim, on the other hand, is a civil legal action. It is focused on whether the legal test for negligence has been met, what harm was caused, and what compensation should be paid. To succeed in a claim, it is generally necessary to show that:

• A duty of care existed, which will almost always be the case in a GP and patient relationship.
• The care provided fell below an acceptable professional standard.
• That failing caused you injury, or made your outcome materially worse, in a way that could reasonably have been avoided.

Strict time limits apply. In general, proceedings for medical negligence must be issued within two years of the date of the act or omission complained of, or within two years of the date of knowledge, whichever is later. There are limited exceptions, but the time limits are taken seriously, and early advice is essential.

Practical tips for an effective complaint

Whichever route you choose, there are a few practical steps that can make your complaint stronger and more likely to be taken seriously:

• Keep a clear written record of events, including dates, times, the names of those involved, and what was said or done.
• Request a copy of your medical records. You are entitled to access your records under data protection law, and they can be invaluable in setting out what happened.
• Put your complaint in writing, even if you also raise it in person or by phone.
• Be specific about what you are complaining about and what outcome you are seeking.
• Keep copies of all correspondence.
• Act promptly, as time limits apply to both complaints and any potential claim.

If you are unsure whether your concerns amount to a formal complaint, or whether they may also give rise to a legal claim, it is worth taking advice early. We often assist individuals who are weighing up these options, and an early conversation can help you understand what is involved before you commit to a particular route.

Concerned about the care you have received from your GP?

If you have been affected by substandard care from a GP, or you are considering making a complaint and want to understand your wider legal options, it can help to speak with a solicitor who has experience in this area. At McCarthy + Co Solicitors LLP, our medical negligence team has many years of experience advising patients and families across Ireland on GP-related claims. We approach every case with care, sensitivity, and a clear focus on getting answers for our clients. Arrange a time to speak with a solicitor here by completing our quick and confidential online form.