A regulatory complaint can be an opportunity for improvement

You are not alone

Avant is in your corner from start to finish.

Call us as soon as you’re told you’re the subject of a complaint. Resist the temptation to defend yourself in the initial phone call when you might be in a heightened emotional state. Anything you say can be considered during the investigation.

We will assist you with the complaint and convene a team that may include a claims manager, lawyer and medical adviser.

A complaint does not mean the end of your career

Patients and other people complain for lots of reasons. Not all of them are justified. A regulatory complaint doesn’t mean you should retire, although lots of doctors have told us that’s what they feel like doing after reading a complaint against them.

Most regulatory complaints against medical practitioners are concluded with no further action. The regulators also consider whether complaints lack merit, are vexatious and/or are made in bad faith.

Complaints where no further action might be taken include these sorts of scenarios:

• A disgruntled patient complained their GP was rude and dismissive after the GP refused to back-date a medical certificate. It would have been inappropriate and a breach of the doctor’s professional obligations to back-date a medical certificate.
• A family member complained a GP’s failure to properly manage their elderly, deteriorating family member had caused their death. In fact, the family were not aware of clinical information about longstanding critical medical conditions the patient had. The doctor’s healthcare was considered appropriate.

Regulatory action is only taken when the regulator believes the way you practise poses an ongoing risk to patients and that action is necessary to protect the public.

A complaint presents an opportunity to strengthen your practice

When you have recovered from the shock of receiving a regulatory complaint, ask yourself, “Could I have done anything differently or better?” You might realise the regulatory complaint presents an opportunity to strengthen your practise and avoid future complaints. For example:

• You could undertake education courses relevant to the concerns raised in the complaint (for example, about effective communication, safe prescribing, professional boundaries).
• You could review and amend your practice documents – for example, adding more detail to consent forms.

Under the National Law the regulators can take no further action for various reasons including where the practitioner has taken appropriate steps to remedy the matter which is the subject of the complaint.

A reflective practitioner is a safer practitioner

In our experience, the regulator takes into account your willingness to listen to feedback and reflect on positive and negative experiences. Medicine is a lifelong journey and reflection is an important skill to help you address the challenges you will inevitably encounter.

In assisting members over the years, some useful reflections have included:

• Realising after the fact that receiving bad news about one patient impacted the way the doctor conducted subsequent consultations, for example by not communicating as well as they normally would have done. While doctors are reluctant to cancel appointments and inconvenience patients, this would have been a better course of action to allow them to properly deal with bad news.
• Doctors are often reluctant to tell their colleagues if they receive a complaint. However, after they have shared this with a colleague, they feel supported, benefit from their collective wisdom and learn to ask for help in future.
• The value of completing education about difficult conversations with patients, equipping them with tools to have these conversations and set boundaries rather than feeling pressure to acquiesce to patient demands.

Good can come from the seemingly bad

Receiving a regulatory complaint can be overwhelming so it’s important to remember you are not alone. Avant is here to support you from the moment you get the call or email.

Remember, most regulatory complaints are resolved without further action. Rather than viewing a complaint as a career-ending event, see it as an opportunity for reflection and improvement.

By maintaining composure and seeking support, you can turn this experience into a chance for personal and professional growth, ultimately enhancing your practise and patient care.

For medico-legal advice, please contact us on nca@avant.org.au or call 1800 128 268, 24/7 in emergencies.