References

Dental Complaints Service Annual Review. 2011–2012;
Data on written complaints in the NHS.: The Health and Social Care Information Centre; 2011–12
Standards for the Dental Team. 2013;
D'Cruz L Who cares for the carers?. Br Dent J. 2009; 207:11-12
Collier A The management of risk Part 1: Why complaints happen and how to prevent them. Dent Update. 2014; 41:168-173
Beckman HB, Markakis KM, Suchman AL, Frankel RM The doctor-patient relationship and malpractice: lessons from plaintiff depositions. Arch Int Med. 1994; 154:(12)1365-1370
Vincent C, Young M, Phillips A Why do people sue doctors? A study of patients and relatives taking legal action. Lancet. 1994; 343:1609-1613
Standards for the Dental Team –. 2013;
Carson CA Non-verbal communication in the clinical setting. Cortlandt Forum. 1990; 129-134
Di Matteo MR, Taranta A, Friedman HS, Prince LM Predicting patient satisfaction from physician's non-verbal communication skills. Med Care. 1980; 18:(4)376-387

The management of risk part 4: resolving complaints

From Volume 41, Issue 5, June 2014 | Pages 423-427

Authors

Andrew Collier

LLM BDS

Senior Dento-Legal Consultant, Dental Protection Ltd, Victoria House, 2 Victoria Place, Leeds LS11 5AE, UK

Articles by Andrew Collier

Abstract

Patient complaints invariably cause concern and distress. Whilst prevention should be the primary objective, this is not always possible. This final article in the series describes strategies for the management and resolution of complaints, as well as the advantages of good complaint handling.

Clinical Relevance: Early and efficient resolution of complaints will reduce stress to all members of the dental team.

Article

The need for good complaint handling and resolution

The number of dental complaints continues to rise1 despite some recent decrease in National Health Service (NHS) complaints.2 Prevention of complaints is always more desirable but cannot always be achieved. Efficient complaint resolution is therefore a necessity. Here are some reasons why:

  • The General Dental Council (GDC) expects it – the GDC has a clear expectation that appropriate arrangements are in place. Their guidance3 states:‘You must make sure that there is an effective complaints procedure readily available for patients to use, and follow that procedure at all times.’
  • Unhappy patients may leave the practice and take others with them – a cynic could regard this as something of a relief, especially with very challenging individuals. However, there is also the concern that for every patient identified as unhappy there may be significantly more (unknown) discontented patients, who leave as well. Unhappy patients may also discourage other patients from attending. Good complaint resolution therefore provides a valuable opportunity to protect practice/surgery interests.
  • Complaints can progress elsewhere – if patients are not happy with the way that their complaint has been initially handled, then they may take that complaint elsewhere; the National Health Service (NHS) or private complaints systems, solicitors, or even the GDC. Small problems can become bigger ones, and move beyond the control of the individual dentist or dental practice.
  • The stress on the whole team can be minimized – complaints are almost always unhappy occasions. Patients may also take out their frustration on other team members to a greater degree than on the dentist. Good complaint handling can therefore significantly reduce the stress that unhappy patients may cause.
  • However, in addition to the obvious need, and obligation, to resolve complaints efficiently, there are also some clear advantages.

    Good complaint handling – the advantages

    The reaction of anybody to a complaint is unlikely to be a positive one. Dentists and their teams are no exception. The first response may well be emotional;4 a mixture of fear, anger, frustration and worry, as well as concerns that the complaint could progress elsewhere. The overall view is essentially negative.

    However, good complaint handling can actually provide clear and definite advantages as follows:

  • The complaint can be kept ‘in-house’ – if a complaint is well handled then the patient is much less inclined, and less justified, to take it elsewhere.
  • Patients can become good ‘ambassadors’ for a practice – where a complaint is amicably resolved, the patient can become a positive influence in the future. The initial concern becomes, in the patient's mind, far less significant than its more recent resolution. Patients may then pass on positive messages to others. This is known as ‘complaint recovery’, where the effort and time put into the successful handling of a complaint can give considerable rewards in terms of goodwill.
  • Practice systems can be reviewed – complaints invariably provide lessons. Was the problem related to a person or perhaps a system, or both? For example, were too few staff available at very busy times? Did this then cause discontent on the part of a patient? Lessons learned from a complaint can be turned into opportunities for improvement and prevention.
  • So what are the stages of good complaint resolution?

    Find out what the patients want

    To resolve a complaint effectively means firstly finding out what the patient wants. Only then can a response be made. It is often assumed that patients who suffer clinical problems or adverse outcomes form the majority of complainants. However, as mentioned in the first article of this series,5 for both medical and dental treatment non-clinical issues appear to be a major reason for patient dissatisfaction, with approximately 70% of litigation related to poor communication and adverse perceptions.6

    This does not necessarily explain what the patients want to achieve by making their complaints. It is often assumed that financial compensation is the major motivation, but evidence,7 as also previously cited in this series, shows this not necessarily to be the case. The main reasons why patients complain are:

  • To correct deficient standards and systems of care;
  • To find out what happened and why it happened;
  • To enforce accountability and responsibility;
  • To obtain compensation for past and future costs.
  • Engage with the patient

    Having identified what patients want, the question is then – what needs to be done to resolve the complaint and how does one go about it? How much engagement with the patient is appropriate and necessary? There are really only three options:

  • Ignore the complaint – patients, and their complaints, may go away but frequently they do not. There is therefore a very high risk of progression of the complaint to another arena, sometimes after a considerable period of time has passed and it appears that the patient is taking no further action. It is also entirely against GDC expectations and requirements.
  • Minimum response – this may be a refusal to agree and/or a refund of the fees paid with little or no explanation. This ‘defensive’ approach may resolve matters, but it still has an increased potential for progression. The patient may feel ‘there must have been something wrong, as I didn't receive an explanation’.
  • Maximum response – this approach requires a full and appropriate engagement with patients and their concerns. It requires the most time and effort, as it is fully ‘patient centred’, but does have the highest chance of resolution and also the potential for ‘complaint recovery’, as well as the least chance of progression. It also ensures that the patient is fully aware of the dentist's and practice's side of the story.
  • What are the practical steps needed?

    A visible, transparent, accessible and effective complaints system

    Consider this as a five-step process:

    Recognition of the problem – the complaint system

    The GDC considers that patients should have access to a complaints procedure,8 so it is important to make that system as effective as possible. The following are recommended:

  • Have a clear written complaints procedure understood by all team members – the complaint will then not only be handled well but also conform to the formal requirements of the NHS complaints system and the private Dental Complaints Service (DCS);
  • Appoint a complaint handler – this person co-ordinates the response to the complainant. They do not have to be the most senior person in a practice or surgery, another team member may be more suitable;
  • Act quickly – rapidly recognizing a complaint, or a potential complaint, and then acting quickly dramatically increases the chance of it being successfully resolved;
  • Don't ‘formalize’ a complaint too quickly – a clear system is essential but if a complaint can be concluded there and then, so much the better. It can be a mistake to initiate a more formal process if it is not needed.
  • Empathy

    Empathy is a vital skill for the effective resolution of complaints and diffuses many situations that could otherwise deteriorate. It demonstrates a sincere and genuine attempt to understand the issue from the other person's point of view and is especially valuable at an early stage where discontent can often be verbally resolved without the need for a more formal, usually written, process being required.

    Empathy is firstly conveyed by short summaries of fact, for example; ‘so the tooth has been tender to bite on and now you have severe pain’.

    However, empathy also means using short summaries of emotions. The patient may say: ‘The pain has been terrible’ The reply could be: ‘We need to make an appointment to investigate the problem’. Whilst this response clearly describes the action needed, the patient may consider that his/her concerns are not really being engaged with. A more empathic response would be: ‘That must have been very difficult and upsetting for you. We need to make arrangements to sort things out’. The same solution is being proposed, but the patient reaction is likely to be much more favourable.

    Action

    Empathy may greatly assist the resolution of the complaint, but clear action must also follow.

    However, the patient may first want simply to ‘let off steam’ and needs to be listened to for a period of time. For example:

  • I don't like dentists’;
  • It must have gone wrong’;
  • It hurt me’.
  • Listening to the patient's unhappiness, within reason, may not be pleasant but it is often a necessary first stage.

    The second stage is then providing an explanation or, if applicable, an apology:

  • I'm pleased that we have had the opportunity to discuss this’;
  • I would like us both to talk about your concerns’;
  • I'm sorry that you feel like this’;
  • I'm sorry that this has happened’.
  • As can be seen, the wording of the apology is very significant.

    Finally, it is reasonable to propose an appropriate course of action:

  • I will look into this problem immediately’;
  • I will make arrangements to put that right’;
  • I shall see you again as soon as possible’.
  • The above stages provide patients with opportunities to express their concerns, to discuss their problems and receive solutions or clear plans of action. It may then be that the action proposed is simply not to agree and that nothing more can be done. In most cases however, engagement with the process is invariably helpful, even in situations where both parties cannot finally agree a solution.

    Redress and recompense

    Complainants could just be looking for an apology to their complaint and this may or may not be justified. They may however be expecting some form of monetary reimbursement.

    This can be a means of resolving a complaint, especially where the request is justified. Alternatively, reimbursement may be regarded as a pragmatic response to a situation where no particular fault is present but as a gesture of goodwill to resolve the matter, without any admission of liability or wrongdoing.

    For example, a patient may be unhappy with his/her dentures. Despite there being no clear clinical fault, the patient remains unhappy. In these circumstances the fees could be reimbursed. The patient cannot then claim any financial disadvantage and the funds can be used to seek treatment elsewhere.

    Of course the decision to reimburse is not always easy to reconcile. If there is no reason whatsoever to return fees then it should be resisted.

    Finally, the patient may request compensation, rather than reimbursement. For example, loss of earnings, pain and suffering, etc. This is very different from reimbursement and requires proof that a fault occurred which resulted in some loss. When this happens it is always prudent to contact your indemnity provider.

    Recording and follow up

    All dental treatment must be fully documented, including complaints. However it is only necessary to confirm, in the patient records, that the complaint process has been initiated. All subsequent actions, if they are not clinical treatment, should be recorded and stored in a separate complaint file. This file should also contain relevant documentation such as copies of letters to and from a patient, as well as the notes of any telephone or face to face conversations.

    Whilst a complaint may have been fully resolved, the final stage of the process is the follow up; contacting patients and asking if they are now satisfied and whether they require any more action. This is not always easy, or necessarily welcome, but it is potentially extremely rewarding and very much a part of complaint recovery, as mentioned earlier.

    Verbal, written and telephone complaints

    Whilst the generic protocol described can be considered suitable for all complaints, some modification will be necessary for the different routes of patient complaint.

    Verbal

    Face to face complaints are less common when patients consider that their concerns are serious. These are usually put in writing. However, small problems which may of course develop further if not dealt with quickly, can often be concluded verbally.

    Good communication, especially good listening, is a vital part of the process. Research by Carson9 demonstrates that non-verbal communication is a very significant factor in a patient consultation. Further medical evidence10 has shown that clinicians who are skilled at non-verbal communication receive higher satisfaction scores from their patients. So what makes a good non-verbal style?:

  • A relaxed body posture can help to convey trust;
  • An interested facial expression is perceived as caring and concerned;
  • It is important to make and keep appropriate eye contact, preferably sitting at the same level as the patient.
  • Appropriate words are of course then needed, but when discussing the complaint with a patient it is important to:

  • Concentrate fully on what is being said; the patient has your full attention;
  • Ignore any irritating mannerisms by the patient;
  • Not be distracted by irrelevant details;
  • Not interrupt; the patient needs to tell his/her ‘story’.
  • Avoid defensive statements or antagonistic questions;
  • Avoid asking ‘why’ questions as patients may feel blame is being shifted on to them;
  • Ask ‘open’ questions, eg What would you like us to do? How can we resolve your concern?
  • Try initially to avoid questions that just require a ‘yes’ or ‘no’ answer; it closes things down;
  • Not be afraid to say I am sorry; it does not mean an admission of fault.
  • Telephone complaints

    This is usually an unsatisfactory way to resolve a complaint as body language and eye contact are missing. What can sound unhappy or hostile may in fact be accompanied by a smile. Unfortunately, this cannot be seen and the wrong conclusions may be drawn. Arranging a face to face meeting is almost always a better way of resolving a verbal complaint, even though a telephone conversation may seem a tempting alternative option.

    Written complaints

    This is probably the most common route for discontent, certainly for more serious issues. The same general principles apply but ‘holding’ the complaint with an acknowledgement, so that the complainant will not go elsewhere, is essential. All that is needed is confirmation that the letter has been received and the matter being looked into. However a full response, as soon as possible, should then be promised. Again, contact with your indemnity provider is prudent in this situation.

    The full reply, when all the facts have been investigated should:

  • Address the issues raised directly. It is very easy to give more general information, eg economic restrictions on treatment, that have no relevance to that patient's concerns;
  • Give clear explanations, avoiding jargon or technical language;
  • Respect the patient's point of view, but also give the dentist's or dental team member's side of the story;
  • Suggest a way forward or solution. This may simply be a polite refusal to agree, but it is a ‘solution’.
  • Outline alternative options if applicable;
  • Invite further patient comment as required;
  • Not be afraid to say ‘I am sorry’.
  • Summary

    Effective complaint handling is an essential skill and a GDC requirement. Whilst the prevention of a problem is always best, this cannot always be achieved. Good complaint handling can therefore hopefully produce a solution that is not only fair to all parties but also provides significant advantages to a surgery or practice. Most important of all it reduces substantially the stress and strain that complaints can cause for the dental team.