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The evolution of a medical complaint

Our team of Medico-Legal experts provide urgent advice and support to members 24-hours a day.  Should you need us, your call will be directed to one of the team based on the situation. You will initially speak with an adviser, who will triage the situation, then based on your needs may result in you discussing the situation with one of clinical advisers, in-house lawyer, and potentially one of our external panel lawyers.

Managing complaints

  • How you manage the complaint effects the outcome.
  • You may react negatively to complaints, but maintain proper behaviour - do not get angry, agitated or rude.
  • Never admit liability - contact MIPS first.
  • There’s nothing wrong with telling your patients you’re sorry and that you didn’t get the outcome you both wanted to achieve.
  • You may have self-doubts; that's why contacting MIPS promptly can provide reassurance and instigate the right course of action.

How to create a solid defence

  • Promptly notify MIPS of any adverse or unexpected outcome, complaint, claim or investigation.
  • Records are your primary concern; they need to be sufficiently detailed and contain consent details.
  • The level of healthcare provided when assessed by in house or by external experts needs to be in line with the usual professional standards, procedures and protocols of healthcare as required by your craft group, your College and or the Medical Board.
  • Keep up to date with contemporary practices.
  • The use of open disclosure (as required by the Medical Board) is advisable. That is, a prompt and open response to advise and to explain to your patient what has occured, express empathy and ensure continuity of care.

Your duty to notify MIPS

You are obliged to notify MIPS in the event of:

  • A complaint / claim / investigation or proceeding against you
  • Any incident that may give rise to a claim
  • Any conditions or restrictions imposed on your practice
  • Any change in your healthcare practice
  • Don't risk not notifying MIPS.

AHPRA is your regulator

  • Treat them seriously, act professionally and promptly as they can restrict or remove your ability to practice.
  • Familiarise yourself with all aspects of the Medical Board code of conduct Good Medical Practice.