What is a complaint?
An expression of dissatisfaction
Legally, what do complaints require?
A response
Who are examples of people who complain?
- Patients
- Colleagues
- Employers
- Health boards/trusts
- GMC
- Police
- Courts
What are some things people may complain about?
- Alleged poor treatment
- Alleged poor performance
- Rudeness
- Not listening
- Failure to comply with job plans
- Health problems
- Fraud
- Criminal offences
What are ways to protect yourself from complaints?
- Join defence organisation
- Be aware of and follow GMC advice “Good Medical Practice”
- Be aware of local complaints procedure
- Put patients first
- Don’t be judgemental
- Don’t be afraid to refer or get second opinion
- Clinical audit
- Peer review
- Act responsibly
- Do not break the law
Who can you get support from when dealing with complaints?
- Can be stressful
- Seek support of supervisors and colleagues
- Should be disclosed to supervisors anyway
- GP
- BMA counselling service
- Student support
Do different NHS boards have different complaint procedures?
- Dealt with by complaints officer
- You will be interviewed to give your response to complaint
- Employer may evoke disciplinary action
What legislation guides how complaints must be dealth with?
Patients Rights Act
Summarise Scotland’s complaint procedure?
- Written complaints procedure must be clear and available for patients
- Complaints officer has 5 days to decide whether complaint dealt with informally or formally
- Must deal with complaint successfully as far as complainer is concerned
- Need to tell complainer immediately if wish to deal with it informally and gain agreement
- Documentation is very important
- If following formal procedure must acknowledge within 3 working days
- Decide whether requires written or verbal response, or meeting, to gather full information
- Give full response within 20 days unless impossible in which case let the patient know why the delay
- If patient remains dissatisfied might consider mediation
- Respond again and if patient still dissatisfied can contact NHS Ombudsman within 28 days
- Health board requires details of complaints quarterly
- Must comply with the Patient Rights Act
How long does complaints officer have to decide if they are dealing with a complaint formally or informally?
5 days
When must a full response to a complaint (outcome of investigation) be given to a patient?
Within 20 days
Who can patients contact if they are disatisfied with the outcome of a complaint?
NHS Ombudsman within 28 days
What are some patients rights under NHS legislation?
- Any complain about NHS services must be dealt with efficiently and have proper investigation
- Patients must know outcome of their complaint
- Can take their complaint to an independent Health Service Ombudsman if they are not satisfied how complaint was handled
- Can make claim for judicial review if they think they have been directly affected by unlawful act or decision
- Have right to compensation where they have been harmed by negligent treatment
Under NHS legislation, what does the NHS commit to in regards to complaints?
- Ensure patients treated with courtesy during complaint and given support
- Fact that patient complained will no adversely affect future treatment
- When mistakes happen they will be acknowledged, apologise, and explain what went wrong and put things right quickly, whilst ensuring that lessons are learned
Who does the Ombudsman make recommendations to after a complaint?
The NHS board
What are some examples of behaviour that can lead to a student fitness to practice?
- Receiving criminal conviction or caution
- Lying
- Not engaging with teaching
- Not treating patients and teachers with respect
Summarise good medical practice?
- Contribute to and comply with systems to protect patients
- Respond to risks to safety
- Be aware of risks posed by your health
- Establish and maintain partnership with patients
- Treat patients and colleagues fairly and without discrimination
- Openness with legal or disciplinary proceedings
- Honesty in financial dealings
GMC states that doctors have a duty to act, when?
When they believe patients safety is at risk, or patients care or dignity are being compromised:
- “Raising and acting on concerns about patient safety” gives guidance
What are possible outcomes of a complaint?
- Sleepless nights
- Anxiety
- Dissatisfied patients
- Litigation
- Loss of reputation
- Discipline
- Loss of job
- Fitness to practice at the GMC
- Restrictions on license
- Erasure
All medical professionals have a Duty of Candour, what does this mean?
This means must be open and honest with patients if something goes wrong:
- If unsure of consequences seek advice from senior colleague to peer review your view and then tell patient (or patients advocate)
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Medical Confidentiality20
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Medical Negligence 1 and 228
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Debate on Physician Assisted Suicide15
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Principles of Medical Ethics and Law18
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End of Life Ethics28
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Genetic Controversies11
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Beginning of Life25
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Dealing With Complaints20
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Mental Health Legislation58
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Legal Aspects of Consent34
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Sexual Crimes, Medical Examination and Evidence in Sexual Crimes11
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Sexual Health4
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Abortion10
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Healthcare Research Sponsorship Research Ethics and NHS Approval for Clinical Research26
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Intro3
