Calming troubled waters

02 July 2014
Volume 30 · Issue 7

Clive Marks reveals a way to prevent patient complaints resulting in large scale legal battles.

We all have patients who can turn nasty, and subsequent thoughts of the GDC’s Fitness to Practise hearings can suddenly ruin a good day in the practice. How can we avert this prospect?
You may just have someone who is never going to be happy no matter how high you jump, but even these people can often be defused by allowing them to get things off their chest. Yes, this will take some of your valuable time but that time is nothing compared to what a GDC inquiry would take, so be pragmatic and invite the patient to tell you what is troubling them and how they would like you to help sort it out. Once the patient has laid out his/her grievances and demands, without interruptions from you,
they can often see that they are being unreasonable without you having told them so. No matter how annoying the grievance may be it is imperative that you stay calm, while being careful that your words and body language do not
fan the flames. Sometimes it may be necessary to eat a little humble pie but that is so much better than a full menu of GDC interrogation.
Hopefully, well before you get to this situation, there will be
plenty of opportunities to nip the problem in the bud but the whole team needs to be alert to the warning signs.
The first sign will normally be a small comment to the receptionist or nurse about a seemingly minor matter, such as “I wasn’t really expecting the dentist to …”. Such comments need to be recorded in the patient’s records, and for the dentist to be alerted, so that the matter can be addressed before
it becomes a concern. Taking a few moments at the first available opportunity (the next visit or on the phone if it is more urgent) to talk to the patient about the matter will pay huge dividends as the patient will know that you:
? work as a team;
? listen to their comments;
? act on those comments
promptly;
? are working for the patient’s
well-being; and
? are keen to ensure that they get
the best service from you all.
If you miss that first opportunity, the patient may start to make more direct expressions of concern, such as “I was rather upset that …”. Now is the time to really apply your listening skills by asking open questions and allowing the patient to do the talking before summarising what you understand what their
concern to be. Once you are both clear about where the problem lies, it will be much easier for you both to identify the solution. It is so easy to confront/bamboozle a patient with jargon and to talk down to them from atop one’s high horse but remember the higher your horse the bigger any fall may be. A minor loss of face and self-inflated pride at this point is a small price to pay for keeping the patient on your side. How much more financial and
emotional stress will a formal complaint cost you?
These situations, when handled well, can turn the patient into a wonderful ambassador for the practice. Of course, there are times when all your efforts seem to be in vain and the patient seems to be gunning for you. Whatever can you do then?
You certainly need to talk to your defence society but it is important not to create greater distance between yourself and the patient. So long as people
are talking there is hope for a resolution. How wonderful it would be to discuss the situation with people who can help mediate a resolution and such people exist: the Dental Complaints Service (the DCS).
The DCS was set up to help aggrieved patients and describes itself thus: “A team of trained advisors who aim to help private dental patients and dental
professionals settle complaints about private dental care fairly and efficiently. We provide a free and impartial service funded by the General Dental Council, the organisation that regulates dental professionals in the UK.”
The DCS manages to resolve over 95 per cent of matters within a few weeks, a clear-up rate which far exceeds that of many mediation services. It does this by allowing people to keep talking to each other without ‘legal people’ becoming involved. A few cases take a little longer but still an amicable agreement is often reached.
Only rarely does the DCS need to get everyone together for a panel hearing. At the hearings, the dentist and patient may agree a resolution themselves. If they do not, the panel (a dentist, layman and a chairman) will propose a resolution – which could be anything from “no action needed” to “full refund
and an apology”. Either way, the matter should be at an end with lawyers and the GDC having been kept at a very safe distance.
The panel’s decision is not legally binding but it does demonstrate that both people have been willing to work towards a resolution. If a patient still feels aggrieved, having been through this process will make it more difficult to take the dispute any further without appearing to be unreasonable.
Prevention is always better than cure, and, in terms of complaints, it is far better to avoid any need for resolution. By having your team listen for those early warning signs they will enable you to take a few timely moments to calm those troubled waters.