December2013_SpeakOut_web

Professional Practice News

Issues with clients

Managing customer feedback and complaints

H 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 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) is substantiated, penalties can include censure (reprimand),

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

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Speak Out December 2013

Speech Pathology Australia