When ‘sorry’ seems to be the hardest word
Sooner or later all pharmacists can expect to be presented with a patient grievance or claim. Even the pettiest dispute over fees can become protracted, particularly if it is referred to a regulatory organisation such as the Offices of the Health Services Commission or one of the profession’s governing bodies.
To provide some guidance on what to do (and what not to do) when dealing with patient grievances, Meridian Lawyers has prepared the following advice, on behalf of Guild Insurance.
Incident management
When dealing with a complaint, no matter how trivial, time is of the essence. An irate patient who does not receive a prompt response may feel ignored and be more likely to take matters further. To help avoid such an outcome the following steps are recommended:
- Ensure that you or another senior person (such as the proprietor of the pharmacy) handle the matter. This should convey the message that it is being taken seriously
- Contact the patient as soon as possible. Make it clear that the grievance concerns you and listen. It is important to remain calm but firm—there is no point getting involved in a slanging match, but neither should you put up with abuse. Hopefully the patient will feel better for venting their feelings and you will have gathered further information
- Do not offer compensation or mention your insurance cover. This may encourage further pursuit of a claim. Rather, inform the patient that you will investigate the matter and provide a response as soon as possible. This will buy you time to obtain professional advice
- Notify your professional indemnity insurer of the incident, even if a formal claim has not been made. Guild Insurance will retain Meridian Lawyers and a solicitor will contact you to discuss an appropriate strategy.
Should you say sorry?
If it is obvious that an error has occurred, in most situations it is appropriate to apologise. While there has been an historical reluctance to offer an apology on the basis it may be misconstrued as an admission of fault, recent legislative reform across all states has confirmed that an apology is not an admission of liability. For example, the Victorian Wrongs Act 1958 provides that an apology does not constitute an admission of fault or liability. The Act also provides that an apology does not constitute an admission of unprofessional conduct, carelessness or unsatisfactory professional performance.
The effect of an apology should not be underestimated. It is the experience of Guild Insurance and Meridian Lawyers that many civil claims for damages would not eventuate if a carefully worded, timely and sincere apology had been provided to a patient. Very often a patient may simply feel wronged and want acknowledgement. If ignored they will often take matters further. A further reason to make an apology is that, regulatory bodies tend to place weight on an apology when determining the outcome of a disciplinary matter.
Apologies in practice
Assume a patient arrives at your pharmacy complaining that the wrong dose of medication or the wrong drug was dispensed according to the prescription presented and as a consequence they have experienced a range of distressing symptoms and required additional medical care.
In these circumstances, it would be appropriate ascertain the patient’s condition and obtain further details. It would also be appropriate to let it be known that you are sorry she has been unwell, along the lines of the following:
‘I am sorry to hear you have been unwell. I will investigate the matter you have raised and review what happened during the dispensing of your medication. I will get back to you as soon as I can but in the meantime I am concerned about your health. Would it be okay for me to contact you later this week to find out how you are?’
This acknowledges the complaint, indicates that it will be investigated and shows sympathy without making an admission of liability.
Patients need to know that their complaints are recognised and taken seriously. A prompt response and an apology without admission of liability can go a long way towards averting an expensive and potentially reputation damaging claim.
For more information on reducing risks faced in pharmacy, please contact Guild Insurance on 1800 810 213.
This article was written by Kellie Dell’Oro and Karen Van Schajik, of Meridian Lawyers, on behalf of Guild Insurance - the referred insurer of the Pharmacy Guild of
