Thursday, 13 October 2016

Management part 4 - Complaints

Complaints are unfortunately comment and cost the NHS a lot in time to investigate, and litigation costs. GMC guidance says patients are allowed to complain, and their complaints must be investigated and not bias the care they are provided.
Formal complaints must be made within six months of the event, or the patient becoming aware of the event up to a maximum of a year of the event, by the patient or relative.
The trust has 3 days to acknowledge the complaint, and 25 working days to reply with a response (10 days in primary care).
Always mention PALS

There are three types of claim:
•Category A Claims: below which the trust bears the costs of any settlement (eg £20 000-250000).
•Category B Claims: claims over and above this are settled by the CNST in part (20%)
•Category C Claims: above this threshold (£500 000) settlement paid in full by CNST

To exist, medical negligence requires:
-  Duty of care existed
-  Duty was breached (Bolam/Bolitho tests)
-  Harm occurred as a result of the breach

To get compensation, a patient needs to prove:
That the treatment fell below a minimum standard of competence; and
That he/she has suffered an injury; and
That it is more likely than not that the injury would have been avoided, or less severe, with proper
treatment

 There are six main components of good complaints handling. 
1) Getting it right
2) Being customer focused
3) Being open and accountable
4) Acting fairly and proportionately
5) Putting things right
6) Seeking continuous improvement

When dealing with a complainant, the 3 Rs can be helpful.
Regret
Reason
Remedy

Complaints from GPs
This is not a complaint it's colleague to colleague
Can ring the emailer back, acknowledge mistake, praise their system and make it positive ?audit
Involve GPs in plans/ audit
Local resolution
Datix


http://michael.gradmedic.org/medicine/medicolegal.html#negligence
http://fcemprep.blogspot.co.uk/2014/09/the-fcem-management-viva-basics.html?m=1 

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