rogue doctors
by Rachel Newcombe
making a complaint | help and info
Medical care is great when it all goes well, and most of the time it does just that. But there are occasions when people don't get on with their doctors, aren't happy with the treatment they're given or want to make a complaint. So, if things don't go to plan and you're left feeling less than satisfied with the care you've received, what can you do?
© Getty
As a first port of call, if you're not happy with your doctor or dentist, or simply don't feel you're on the same wavelength, then you're entitled to change or get a second opinion. If your surgery has more than one GP or dentist, then you can change to someone else there – there's no need to give a reason. Alternatively, you can find a different practice. Lists of possibilities can be obtained from your local health authority, library or citizens' advice bureaux.
which doctor?
When you're choosing a new practice or doctor, it's good to have a look around first and find somewhere you feel comfortable with. As well as finding a friendly and approachable environment, look out for the practice leaflet, which most surgeries have available. It should list all the services and clinics on offer, plus facilities and opening hours.
As a patient, you have a right to complain if you're really unhappy about something. Making a formal complaint isn't something everyone wants to do, nor should it be taken lightly, but typical reasons include poor medical treatment, poor attitudes from staff, a lack of information or wrong information given, or the time taken to wait for treatment.
'It's important to be realistic about the difficulties, as well as the gains,' explained a spokesperson for the Patients Association. 'Many people are successful in their complaints and help to change the way things are done in the future. But the procedure can be hard, take a long-time and you may not achieve the outcome you desired. Sometimes you may have to persevere when it seems that no-one else is listening to what you say.'
making a complaint
Thirty-year-old Sarah knows only too well how daunting the process can be. She was unhappy with the treatment her GP gave her over the course of several years, and eventually decided to formally lodge a complaint. 'I didn't like having to complain,' she says, 'But in the end, I decided that I had to do something.' She initially wrote a letter to the practice manager, explaining the problem and why she wasn't happy. 'They took it seriously, and I then had to attend a meeting with the practice manager and doctor concerned. It was nerve-wracking and I almost pulled out and didn't go'
But she stuck by her guns, believing she had a right to complain. 'The outcome was that the doctor apologised and wrote a formal letter back to me. The practice manager said she'd keep a record of everything and keep an eye on the issues raised. I've since changed doctors, so I don't have to have contact with my old GP anymore.'
Sarah did the right thing in approaching the practice manager first. The official NHS complaints procedure, for making complaints about GPs, dentists, pharmacists or opticians in England, says that in the first instance you should contact someone at the organisation or the primary care practitioner. Every NHS Trust and Primary Care Trust (PCT) has a Patient Advice and Liaison Service (PALS) and, although they're not part of the complaints procedure, they can advise on what to do (see help and info). Sometimes just speaking to someone from PALS, without making a formal complaint, can help resolve the issue.
If you decide to go ahead and formally complain, then a letter or email is the way to do it, as the complaint needs to be put down in writing. Normally, complaints need to be made with six months of the event, or within six months of you becoming aware you have something to complain about. Complaints are taken seriously and you should receive a response within 10 working days, or within 20 working days if you contact the chief executive of the NHS organisation.
private procedures
The situation for private healthcare is slightly different. 'There's no standard complaints procedure for the private sector,' explained the Patients Association. 'However, there is a standard complaints procedure for all private hospitals that are members of the Independent Healthcare Forum. Other private hospitals should have their own complaints procedures.' As a starting point, it's best to write to the general manager of the organisation concerned. Often they'll be able to sort it out for you but, if not, an appeal can be made to the managing director.
Details of all complaints, whether NHS or private, are recorded, but patient privacy is maintained and the fact that you've complained shouldn't be held against you at any time in the future.
when complaints aren't resolved
If you don't feel your complaint has been dealt with sufficiently by either the NHS or a private hospital, then it can be taken to the Healthcare Commission (HC) (see help and info). It's completely independent and offers a fair, fast and consistent approach to dealing with complaints. Complaints that aren't resolved are passed on to the HC within six months and they review them fairly, by looking at both the views of the individual who's made the complaint and the individual or organisation about whom the complaint has been made.
Anna Walker, chief executive of the Healthcare Commission, says, 'The first port of call for people wanting to make a complaint about the NHS is their local NHS organisation and the vast majority of complaints are dealt with successfully each year. However, if individuals feel their complaint hasn't been dealt with properly at the local level, we're here to independently review the situation and produce recommendations to improve services where appropriate.'
And if you're still not happy with the HC's outcome, then there's the extra option of turning to the Health Service Ombudsman, another completely independent organisation.
We're only human and can't be expected to get on perfectly with medical practitioners the entire time, but if things do go pear-shaped and you're unhappy with certain aspects, remember there are ways out. Explore the alternative options and, if you really feel there's a need, the complaints procedure is there for you to use.
the use of chaperones
Following the conviction of GP Clifford Ayling in 2000 on 13 counts of indecent assault, calls were made for trained chaperones to be made available to all patients who are having intimate examinations. However, the conduct of intimate examinations in medical settings has been a subject of controversy for many years, because of potential difficulties and pitfalls for both doctors and patients.
Some doctors worry that the use, or even the offer, of a chaperone could adversely affect the trust between doctor and patient. A survey of patients using genitourinary medicine clinics found that two-thirds did not want a chaperone when offered. The reasons given were because they trusted the doctor, thought it unnecessary, wanted privacy, were embarrassed or were not bothered.
A study carried out in 2004 found that just over a third of GP practices had a policy on the use of chaperones. The study also found that the use of chaperones by male doctors since the 1980s has substantially increased, but use by female doctors remains low. The NHS Clinical Governance Support Team has recently issued guidance for primary care teams on the use of chaperones, which discusses the role, type and training of chaperones, as well as when to offer one and what to do if a chaperone is not available. Special circumstances relating to children, religion/ethnicity/culture, lone working, and patients with learning difficulties and mental health problems are also examined. The guidance can be found at: www.cgsupport.nhs.uk/Primary_Care/Resources.asp
#chaperone_framework
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(August 2005)
Read on for details of relevant organisations, websites and reading.
