December2013_SpeakOut

Speak Out

December 2013

Speech Pathology Australia

ave you ever had a bad

experience when visiting a

health professional? Were you

able to seek a satisfactory resolution

by discussing your concerns or making

a complaint? I found myself feeling

less than satisfied following a visit to

a private surgeon recently. On the

way home on the train I scribbled a

very angry letter but then stewed over

whether to send it or not. The upshot

was that I actually went back to see

the surgeon and told him how I felt,

and surprisingly he took it very well and

we parted company amicably… but I

will be seeing someone else to do the

procedure!

It got me wondering about how

private practitioners gain feedback

and manage complaints. Do you just

assume if someone doesn’t come

back to see you that they have found

someone else to see or that they no

longer need you? I’m sure that was

what the surgeon assumed. It’s really

important that you establish a feedback

or complaints procedure and that you

clearly advertise this to your clients.

In some states this is mandated by

state-based legislation e.g., SA’s

Unregistered Health Practitioners:

Code of Conduct

and NSW’s

Code of

Conduct for unregistered practitioners

Your professional reputation is of

utmost importance; it needs to be

highly valued and protected. It is clear

to SPA that in many instances where

a complaint has been made (and

Guild reports the same where a claim

has been made against a speech

pathologist’s private indemnity policy),

the complaint or claim could have been

avoided if the matter was dealt with

in a timely manner. Seeking regular

feedback from your clients helps

you understand your strengths and

weaknesses and avoid the trap

of making assumptions as to what

clients think about you and your

service and why they may not come

back to see you.

Formal Complaints Process

In some instances the client may not

complain to you but may choose

to go straight to a complaints

body such as the Health Services

Commissioner, Privacy Ombudsman,

or increasingly to SPA. SPA has also

seen an increase in the number of

complaints made against speech

pathologists to the Human Rights

and Equal Opportunity Commission.

Each of these organisations has

formal and transparent complaints

procedures. I urge you to acquaint

yourself with these procedures so that

you are fully informed in the event that

you are contacted by one of these

organisations.

Equally, members of SPA are

required to read, understand and

apply the principles outlined in the

Code of Ethics (2010) in all dealings

with colleagues and the general

public. Christina Wilson, SPA’s

Senior Advisor Professional Issues,

reports that increasingly SPA is

receiving complaints that cannot be

resolved through mediation and move

to a full investigation by the Ethics

Board. Where a breach of the Code

is substantiated, penalties can

include censure (reprimand),

fines, financial recompense to the

complainant, mandated professional

development or suspension of

membership.

For a private practitioner, a

penalty, particularly a suspension

of eligibility for membership, has

severe consequences because

claiming rights via Medicare, FaHCSIA

and/or DVA will be suspended for

the same period and in the event

that eligibility for membership of SPA

is revoked, eligibility to claim rebates

via third party funders will also be

revoked.

These are not the only consequences

of having a complaint made against

you. Defending a complaint takes time

(often quite a considerable amount)

to prepare your response to the

complaint. There are also financial and

emotional implications.

Tips to ensure you have a robust

quality feedback system:

•

Establish an internal complaints

procedure

•

Advertise the procedure to your

clients

•

Seek advice if you receive a

complaint, either from your

insurer (e.g., Guild duty lawyer)

or Christina Wilson (SPA’s Senior

Advisor Professional Issues)

•

Pre-empt if a complaint may be

made and notify SPA and seek

advice from your insurer

•

Deal with issues as they arise in

your practice.

Chris Wilson and I also urge you

to remember the old adage… the

customer is always right! We know

in some cases this isn’t accurate,

however if there is a straightforward

way of resolving an issue (i.e., refunding

a fee paid or apologising to the client)

then this may be the simplest way

of resolving the issue. A lawyer can

advise you of how to proceed with

providing a refund and help you draft

the accompanying letter.

Christine Lyons

Senior Advisor Professional Practice

Christina Wilson

Senior Advisor Professional Issues

Professional Practice News

Issues with clients

Managing customer feedback and complaints