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A complaint resolution hindered by colleagues

14 February 2023
Receiving a complaint from a patient can be a worrying and stressful time. Navigating this road to resolution can be inherently different, and this is compounded when hindered by the decisions of others. Anita Kemp, Case Manager at Dental Protection, considers this through the lens of a recently reported matter. 

Dr B had taken over the care of Mr M’s dental health from his practice principal, Dr A. Of late Mr M had become unhappy with the appearance of his current implant retained upper denture and requested that Dr B make him a new one, to which Dr B agreed.

The new denture was fabricated and Mr M was happy with the final result. At a routine check-up and clean appointment, when replacing the denture (after cleaning) one of the implant screws fractured. Dr B explained to Mr M what had happened and made the appropriate referral, after recommendations from colleagues, to the periodontal specialist to assist with its retrieval. He had also called the specialist and confirmed that the screw could be removed. Dr B assured Mr M of his assistance and support throughout this time and Mr M advised Dr B that he was not concerned at all, adding he was happy to utilise his health fund benefits if needed.

Mr M attended his appointment with the specialist and, while at his appointment, the denture and bite were adjusted and his periodontal condition was treated but the screw was not removed. Later that month Mr M returned to Dr B, as he noticed that another of his lower implant crowns (44) had felt loose and Dr B completed the necessary treatment to tighten the implant. Mr M was charged for this appointment and when leaving the practice disputed the fee. In his mind, 44 crown had become loose as a direct result of his bite, which he now believed had changed since the screw fractured.

A few weeks later a letter of complaint was received, and it was addressed to Dr B’s principal dentist Dr A. The letter outlined Mr M’s discontent with his treatment and the fit of his denture and bite, and he attributed the cause of these concerns to Dr B and the fractured screw. He mentioned that he had been sent to the specialist to have the screw retrieved, which hadn’t happened, and he had incurred further costs when the lower implant became loose, which he found completely unacceptable. He was of the belief that the fractured screw had changed the fit of his denture and bite and caused the lower implant 44 to become loose. 

Furthermore, after his recent appointment with Dr B, Mr M had returned to the specialist and was told they were unable to remove the screw, and referred him to “another specialist” for further care. He advised that in order to avoid escalation of his complaint or legal recourse, he did not want to see Dr B again and requested that he return to the care of the practice principal Dr A, for remediation and all future treatment and care, because Mr M held Dr A in very high regard. Unbeknown to Mr M, Dr A had made it very clear to Dr B that he would not manage Mr M’s care and that it was up to Dr B to facilitate and manage his complaint.

In reality Mr M felt abandoned: through no fault of his own he had been bouncing between practitioners and began to scrutinise and question all treatment that had been provided to him, both past and present. Mr M’s perception of Dr B then changed. Unfortunately for Dr B, Mr M felt that Dr B was the sole cause of his dental concerns and he was very angry. Dr B reached out to Mr M, acknowledging his feelings and concerns, offering an apology and advising that he was under the impression that the fractured screw would be removed by the periodontal specialist. He then re-extended his offer to assist with the retrieval costs with the prosthodontist specialist and explained that Mr M’s treatment and care remained his priority and he was not alone.

Mr M was still very upset and requested a copy of his records from Mr B and the periodontal specialist practice. Mr B naturally agreed, but when he attempted to organise the transfer of Mr M’s records he was told by the practice principal that Mr M’s full records would not be released. Although Dr B was aware that Mr M was entitled to a copy of his records on request he felt helpless; he had Mr M contacting him and demanding his records and he had his practice refusing to release them. Unsurprisingly, the decision by the practice to not release the records did not go down well with Mr M, nor did it help Mr M and Dr B’s already strained relationship; in fact, Mr M believed it to be Dr B who was obstructing access to his records and began to question Dr B’s transparency with his treatment. Despite all Dr B’s good intentions to assist Mr M, it seemed at every turn that decisions outside his control were making matters worse.

Nevertheless, Dr B continued to correspond with Mr M politely and respectfully, offering his assistance and support where he was able, reminding himself that there was a person attached to this matter and taking time to reflect on the events that had occurred from Mr M’s perspective. Dr B continued to follow Mr M’s care with the prosthodontist and was able to achieve an amicable agreement and resolution with Mr M when the screw was finally removed. 


Learning points

In Dr B and Mr M’s situation, the complaint and Mr M’s perception of Dr B’s treatment and care, or lack of, was escalated by outside influences – staff and colleagues. When treatment didn’t go to plan, Mr M looked for someone to blame and, unfortunately and unfairly, Dr B bore this brunt. 

Whilst unfair and very difficult at times, Dr B was able to weather this storm, dispatch his duty of care and reach an amicable agreement with Mr M, avoiding escalation to the regulator, a complaint or legal recourse. 

This inherent professionalism protected Dr B from a formal complaint to the regulator, and ultimately enabled the resolution of the matter. 
 

These case studies are based on real events and provided here as guidance. They do not constitute legal advice but are published to help members better understand how they might deal with certain situations. This is just one of the many benefits Dental Protection members enjoy as part of their subscription. 
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