Q&A - Practising under adversity - claims, complaints & investigations

The patient should be warned that such behaviour is totally inappropriate and will not be tolerated at your practice. You have a responsibility to provide a safe workplace for your staff. If the conduct continues then you will disengage from that patient. In a private practice setting you have no obligation to see the patient unless in a life threatening emergency. Should you disengage ensure it is conducted in line with the requirements of the Good Medical Practice code of conduct at 3.13 Ending a professional relationship. The fact that the patient wife works for AHPRA is irrelevant to the situation.

Assuming that your colleague is not a patient then it is not a mandatory report. However, your employer may have concerns if there are any related issues raised in the workplace

The comments made in relation to Q 1 . equally apply to this point. Some practices have stated policies on display in waiting rooms outlining behavioural requirements of patients and that inappropriate behaviour will not be tolerated.

State based complaint authorities tend to more consumer orientated and may not recognise the clinical aspects or type of patient that the more formal healthcare regulators might. This can be frustrating for clinicians. The issue of opiate prescribing is currently a major health concerns in Australia. However, not prescribing tends to describe there was a lack of thearaputic need, drug seeking or doctor shopping, so a job well done it would seem.

Whilst all complaints need to be considered such a comment is surprising as the function of AHPRA is to investigate concerns about practitioner’s performance, conduct or health. The allegation made by the patient here is a long bow. That said MIPS does note some inconsistency of approach between the various Board jurisdictions.

AHPRA conducted research on the issue of vexatious complaints and reported on this in April 2018. In summary, they concluded there is more risk from people not reporting concerns than from making dubious complaints. It also found that while being on the receiving end of a complaint is tough – the complaint is much more likely to be vexing than vexatious. AHPRA initiated the work in line with its commitment to the Senate Affairs Reference Committee inquiry into the medical complaints process in Australia. The report found that the number of vexatious complaints dealt with in Australia and internationally is very small, less than one percent, but they have a big effect on everyone involved. The research also confirms that the risk of someone not reporting their concerns is greater than if the complaint turns out to be vexatious. The report will be used to inform best practice for reducing, identifying, and managing vexatious complaints and helps to identify opportunities to work with others to help reduce their frequency and adverse consequences.