Receiving the complaint
- Listen to the complainant, and ask questions to ensure you understand the complaint
- Ensure the clinical situation is being appropriately managed/stabilised, by referral if necessary
- You can diffuse the situation by acknowledging their issue and apologising for their disappointment
- Don’t admit liability
- Ask them what outcome they would like to achieve
- Avoid making any hasty offers, offer to consider the situation thoroughly and respond to them at a later defined time eg 1 week.
If the complaint is verbal, ask the complainant to outline their ‘concerns’ in writing eg. an email, so that it can carefully considered and responded to.
Recording the complaint
- Clinical records should remain factual
- Refrain from including subjective comments that may be inflammatory if records are accessed by the patient.
Details of any patient interaction that you wish to record, but are unsure if they should be included, can be sent to yourself in an email and stored separate to the patient file.
Notify your advisor as soon as possible
- Don’t inform the patient or any other body that you will seek or have sought guidance
- Don’t discuss the matter with anyone(including employer/colleagues) without first obtaining advice
Seek and follow advice before responding to any complaint or making/agreeing to an offer of compensation.
Keeping records of advice received
- Don’t record that you have sought assistance in the patient’s clinical record
Keep a record of all advice that you receive from your association, your insurer or if one is appointed, the insurer’s appointed legal advisors (lawyers) in a file separate from the patient’s clinical record.
If you require more information, please do not hesitate to email Advisory Services at advisory@adansw.com.au or call 8436 9944
Disclaimer: This is one of a series of Advisory Services information sheets created by ADA NSW. They are intended as general guides that highlight key pieces of information frequently requested. They do not set out to provide comprehensive information about a topic and they are not legal advice. Please be mindful that information provided in these resources can change after the publication date. Publication date: June 2025 |