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