Regrettably, getting (a few) patient complaints is an inescapable part of doing business in the cosmetic/aesthetic field, whether in private practise or on the NHS. The number of healthcare complaints generally is on the increase (for example, it has increased by 66% in the dental field), butdon’t let this keep you up at night! If you can try to see the complaint as an opportunity to review your own practice with the benefit of an outsider’s perspective, there are sometimes beneficial changes that can be made, even if you think that the substance of the complaint is misconstrued. We offer the following practical tips:

 

  1. Take the time to listen to or read the complaint properly to really focus on what the patient is saying. Though it can be tempting to ignore ‘angry’ emails or online reviews, for instance, many genuine complaints are founded out of frustration when the patient feels that their voice is not being heard.
  2. Don’t respond right away. It is never nice to hear criticism of your treatment and some complaints may seem malicious or unfair. If you want to, dictate a first response to get this out of your system, but do not send it or retain it permanently (see disclosure below). It might make you feel better in the short term.  An angry or dismissive response will often make things worse, even if there was nothing of real merit in the original complaint. Healthcare professionals are always being encouraged to apologise, but saying sorry when you do not actually believe that it was wrong may also make matters worse and may be difficult to take back or explain later. Take time to process what the criticism is really about and why the patient is complaining.
  3. Check your medical malpractice (medmal) policy under the notification clause– the receipt of a complaint might be a notifiable circumstance and you may jeopardise your future cover in the event of a claim if you respond without your insurer’s approval. The policy might also include legal advice or assistance with the response.
  4. Acknowledge the complaint in writing and thank the patient for the feedback, even if this is through gritted teeth. If it will take time to investigate and respond to the issues raised then say so.
  5. Investigate and obtain input from colleagues if required. But remember that the investigation documents will probably have to be disclosed in the event of a future claim unless the author prepared them in contemplation of litigation. If they did, then label them accordingly. If your input is contained within a communication to your legal representative then it will almost always be protected by legal privilege.
  6. Keep the response factual – do not delve into speculation or opinion and do not try to blame third parties. Express empathy and outline your understanding of the problem, so that the patient feels listened to (and can correct you if you have missed the point). You do not have to accept any wrongdoing if that is not justified – you can be firm but still empathetic where required. You can also be candid and express a genuine apology when it is clear that things did go wrong – in some cases this is all the patient wants. But many good responses are ruined by the word “if” (i.e., “I am sorry if you felt that I ….). Ask a trusted colleague, your broker or legal representative to review the draft before it is sent. Make sure you do not compound the initial complaint with errors in the response letter e.g., getting the dates, treatment or the patient’s name wrong! You should also avoid jargon e.g., “sorry if the patient experience/journey was not up to the standard you were entitled to expect”.
  7. Determine what action you will take to address the problem, if there was a problem, especially if it is a recurring issue. Sharing a credible action plan may also go some way to resolving the complaint. If you need time to reflect first, say so. But do not fob patients off with stock phrases like “lessons have been learned to avoid this event from happening again in the future” if there are no such lessons or none have in fact been learned. You may be asked for specifics.
  8. Thank the patient again for bringing the matter to your attention and offer any follow-up as appropriate, or sign-post where the patient can get further help if appropriateg., from yourself or a trusted colleague if there is a minor issues that can be rectified, a GP/A&E or from an organisation such as Samaritans.
  9. Consider whether some other gesture is needed to resolve the claim fully, such as writing off the fee for your services or carrying out a corrective procedure free of charge. Keep in mind that this is not a panacea for every complaint, just as accepting a wrongdoing and saying sorry can make matters worse when you do not actually feel there was any fault. In appropriate cases, this may save you money in the long run.
  10. Be sure that all your records are marked for retention, regardless of any shorter standard retention period. Claims can be made many years later, especially in the case of children or patients who may lack capacity.

 

Of course, all of this is time consuming and expensive and not all healthcare professionals are well equipped to do this for themselves.  Our healthcare regulation partner Matthew Trinder can help you manage the process and provides a complaint handling service for an annual fixed fee.

If you have any questions on the above, please contact Matthew Trinder or Andrea James for more information.