16 February 2011
Q. I have a difficult patient who has complained about the treatment I have provided. I know from my team that she almost always complains wherever she goes. Can I just ignore her complaint?
You are quite right in thinking that some people are more difficult than others. However a patient is entitled to complain and HPCSA’s guidance General ethical guidelines for healthcare professionals states at 5.1.10 that healthcare practitioners should respond to criticism and complaints promptly and constructively.
Past experience has shown that a patient who believes that their complaint is being ignored or overlooked is much more likely to take it further into another forum. The best way forward in this situation is to acknowledge her complaint, investigate it and provide her with the appropriate response. A complaint which is handled well can actually result in a satisfied patient who then goes on to become one of the dentist’s greatest supporters.
In this particular situation it may be that the patient will judge your complaint handling against that of other organisations - and this is your opportunity to be the best!
- Dental Protection’s complaints handling advice is here
- Dental Protection's Dental Advice Booklet on Complaints Handling is available here
Please feel free to contact our dento-legal team for individual advice regarding a specific complaint.
Q. If I refund a patient their fees in response to a complaint am I admitting liability?
It seems to be a common misconception that the clinician should avoid giving a refund to a patient. However, in certain circumstances a dentist may wish to provide a refund to a patient; some dentists see this as a business decision which may then avoid them dealing with a long and protracted complaint.
A refund provided as a gesture of good will can often resolve the situation amicably. Such a refund should be given with a clear indication, preferably in writing, that it is "purely as a gesture of goodwill and with no admission of liability". A refund given in this way does not increase the likelihood of any further action, nor does it provide the patient any additional grounds on which to base a claim.