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Complaints Procedure

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COMPLAINTS PROCEDURE
 
  

NOTICE TO PATIENTS

All suggestions for the improvement of this practice are welcomed and (a designated person) is available to receive your comments and deal with any problems which may have arisen.

The doctor in this practice is a member of the Independent Doctors Forum.  This offers access to an independent review of any complaints which cannot be resolved within the practice.

Details are available from the IDF Website

IDF COMPLAINTS PANEL
 
Membership
 

 

Procedure

 

 

 

 

 

 

 




Outcome
 

 

Chairman
IDF Council
Interested IDF Members approved by Council


Summary
All relevant correspondence
                     |
                     |
Received by Chairman of Complaints Panel
                     |
                     |
Chairman examines documents
Either
1. Proceeds himself
2. Appoints "Trusted Colleagues" from Panel
        ? Similar Specialty
        ? consultant-consultant or GP/GP
                     |
                     |
Prepares and presents Draft proposals and reasoning to Dr and Patient at meeting in Board Room of Heart Hospital
                     |
                     |
Final report prepared and sent to both Dr and Patient
                     |
                     |
Acceptance by both Dr and Patient
Agreement by both Dr and Patient to abandon further proceedings
Referral to Stage 3

IDF COMPLAINTS PROCEDURE

Introduction
The Complaints Procedure was set up by the Independent Doctors Forum several years ago.

More recently statutory regulatory agencies such as the Healthcare Commission are asking medical practices for evidence that they have access to a formal complaints procedure should it be required.

The Healthcare Commission can be contacted at the following addresses:

London and South East Region
Charlotte Trim
Healthcare Commission
Independent Healthcare Complaints
Finsbury Tower
103-105 Bunhill Row
London
EC1Y 8TG

South West Region
Nikki Foulk
Healthcare Commission
Independent Healthcare Complaints
Dominions House
Lime Kiln Close
Stoke Gifford
Bristol
BS34 8SR

North Region
Paddy Lynch
Healthcare Commission
Independent Healthcare Complaints
5th Floor
peter House
Oxford Street
Manchester
M1 5AX

Central Region
Joe Balewski
Healthcare Commission
Independent Healthcare Complaints
1st Floor
1 Friarsgate
1011 Stratford Rd
Solihull
B90 4AG


The function of the IDF Complaints Procedure is to address grievances raised by patients in a non-confrontational manner and to provide service users with a quick and simple procedure for drawing attention to their concerns.

Definition
A complaint may be defined as a grievance raised by a dissatisfied user of the independent sector facilities.
Complaints may relate to the quality of care, professional competence, administrative and support services provided and may be of a clinical or non-clinical nature.

Complaints Procedure
Stage 0: Staff Training and Complaint Avoidance

The complaints practice and procedure is to be brought to the attention of all personnel, i.e., all staff, agency staff and practitioners with practicing privileges, and such personnel are to be trained in what constitutes a complaint and the procedures for receiving and dealing with a complaint.
Basic training, conducted by qualified mediators, is to be given to all personnel to educate them in good practice, complaint prevention, complaint handling and improvement.
Personnel involved in the provision and procedural elements of the complaints procedure are to be specially trained in those fields.
Regular information on and discussion concerning the nature of complaints, the issues raised in them and their resolution is to take place with personnel to ensure future complaints are prevented and that the practice medicine is continually improved.

Stage 1: Complaint Procedure and Information
The complaints procedure and the information based upon it are to be accessible to all patients and to their family members and carers.
Where requested, patients, their family members and carers are to be given assistance with access to the complaints procedure and the information based upon it.
Where children are given care and treatment, all personnel are to be made aware of the difficulties that children have in expressing concerns or complaints and are to be instructed in how to help them to overcome such difficulties.

Stage 2: Internal Handling of Complaints
All staff and users should be encouraged to listen carefully to the first complaint and to attempt to resolve the issue to the patient’s satisfaction there and then. A promise of action and an apology may often be all that is needed.
Most complaints are filed without intention of seeking compensation but seeking an apology or redress (e.g. reduction or cancellation of fees) and most complaints of this sort will be resolved at this stage.
If this should fail, each practice should have a printed notice or a standard letter, which can be handed to a patient. Information should include the name and contact details of the person designated by the practice to deal with complaints and the procedure to be followed by the complainant.
Patients should generally be asked to give timely notice of any complaints, e.g. within 28 days for a non-clinical complaint and within 6 months for a clinical complaint.
A complaint should be acknowledged in writing within 2 working days (unless a full response can be sent within 5 days).
A full response in writing, setting out the conclusion of the investigation and action, if any, taken in respect of it, is to be made within 20 working days of receipt of the complaint, unless the investigation is still in progress, in which case a letter explaining the reasons for the delay, is to be sent to the complainant. Thereafter, the full response to the complaint is to be given to the complainant within 5 working days of a conclusion being reached in respect of the complaint.
Meetings between the parties concerned may need to take place to clarify the nature and detail of the complaint. Such meetings may extend and take place outside the time frame set out in the proceeding paragraph but such meetings must take place in privacy and at a mutually convenient time and conform to an agreed timetable. The nature and outcome of any such meetings and the discussions in those meetings should be recorded.
A register and the records of all complaints should be kept and stored and subject to regular audit but with regard for patient confidentiality. The register of complaints should include information on whether or not the complaint was upheld, the results of the investigation, the resolution of the complaint and the action taken.

Stage 3: IDF Provided External Conciliation
External conciliation should be offered if Stage 2 fails to resolve the complaint.
In this event, the Complaints Officer should contact Dr Stuart Blackie or a Member of the IDF Council.
Both parties will be asked to supply a short statement about the episode in question. It is recommended that any medical statement should be previously vetted by the appropriate medical indemnity organisation.
These statements will be forwarded to a Conciliator.

The Conciliator will arrange to meet both parties at a mutually convenient time, when both parties will be able to put forward their argument.
In the subsequent discussions, the experienced Conciliator will explore possible avenues to resolve the problem.
The Conciliator will issue a report to both parties and a copy will be sent to the IDF. It should include a summary of the following
The material facts
The apparent grounds of difference between the two parties
Whether the complaint has been substantiated, upheld or rejected
Proposals for resolving or addressing the complaint, including remedial action recommended

This stage may last from 0.5 to 1 day.
Cost £500-£1000

Stage 4: Alternative Dispute Resolution
Though being encouraged by The Lord Chancellor and being increasingly used by the NHS Litigation Authority, the decision to use alternative dispute resolution techniques will be made by the medical indemnifiers.
In this stage, professional mediators will be employed.

The procedures followed are at the discretion of the mediator. However, they usually follow this sequence
A: The mediator opens proceedings by explaining his position
B: Each party in turn is invited to make a brief opening statement without interruption from the other party.
C: Each party is invited to comment briefly on the other’s statement.
D: The mediator will allocate to each party a separate room to which they can retire and where confidential discussions can be made.
E: The mediator will investigate aspects of the case with each party in confidence and explore possible areas of reconciliation. With the party’s consent, he will convey any proposals to the other party for their consideration.
F: If both sides agree to a set of proposals, they are brought together again in a plenary session to produce a formal binding agreement.

Cost: Typically £1000-£3000 per day + expenses
Experience in commercial disputes comes with a 95% success rate of resolution.
Duration: Probably 1, possibly 2, days.
Timetable: Within 6 weeks of notification of decision to proceed to ADR

Stage 5: Litigation

Audit
The complaints procedure should be reviewed at regular intervals and updated as required.

The medical indemnifiers support the IDF in its efforts and have reassured us that no one will be left high and dry by them having unsuccessfully embarked upon the conciliatory road.

Stuart Blackie
February 2007