Claims and complaints: what you need to know
Summary: One of the more stressful things you may experience during your career is receiving a complaint or claim. We have gathered together resources that will assist you during this time. If you have a matter in progress remember you can always reach out to your claims manager or lawyer for ongoing support.
Frequently asked questions
You need to notify about an incident
What happens once you submit your notification
You have received a letter from OHO/Ahpra or HCCC
A patient makes a complaint about you
You have been asked to attend an employment meeting
How do you give evidence in court
How do you write an expert witness report
Your patient dies and you have to write a coronial statement
The police have asked you for a statement
You have received a letter from Medicare
You want to find out more about Avant’s Risk Advisory service
You want to find out more about Avant’s Medico-legal advisory service
Professional conduct matters
Professional conduct complaints may originate from a patient, a hospital, a colleague or on referral from the coroner. They are managed by a complaints entity such as Ahpra, HCCC (NSW) or OHO (QLD).
Ahpra states that more than 70% of the notifications they receive result in no further action and less than 1% of notifications end with a practitioner’s registration being cancelled.
Employment issues
You may be asked to attend a meeting with your employer at any time. The meeting might be about your performance, your conduct, a clinical matter you were involved in, or you may be asked to provide information about an incident.
Civil claims
The majority of civil claims, that is claims made for compensation, do not end up in court. The key issues are whether the doctors practice was negligent and if so did any harm occur as a result.
Coronial
The coroner may investigate any unexpected, unnatural or violent death including those related to accident, injury and certain medical or surgical procedures. The process can take several years and less than 5% of these investigations result in an inquest.
Direct patient complaint
Patients have every right to complain about issues with their care. These can range from an informal discussion to a more formal process. In our experience they can often be the result of an unmet expectation and poor communication.