Managing a Concern or Complaint about a Clinician
Management of complaints or concerns about clinicians is an important component of ensuring patient safety and clinical quality within a health service. Management of a complaint or concern includes a number of steps to ensure that any immediate risks identified are managed appropriately, and effective action is taken to provide safe and appropriate care and maintain community confidence.
NSW Health has established a policy and procedures to be followed in the event that a concern or complaint is raised about a clinician. The NSW Health Policy Directive describes the principles for managing complaints or concern regarding all clinicians, and outlines the roles and responsibilities for ensuring all complaints or concerns are managed by Area Health Services, and outlines the legislative responsibility for doing so. HNE Health has developed its local policy compliance procedure to support implementation of the NSW Health Policy Directive.
In HNE Health, management of the complaint or concern is undertaken by the appropriate line management following the relevant policies for the complaint or concern.
Clinical Governance staff are available for advice, as the policy directive designates the Director Clinical Governance as responsible for the oversight of overall Area framework and procedures that ensure that there is effective management of concerns or complaints about a clinician (the MCCC process)
What is a concern or complaint?
A complaint is an expression of dissatisfaction by a complainant that may have one or more associated issues.
A concern: is defined as feedback which identifies issues requiring investigation.
A complaint or concern about a clinician can be raised by a patient, any other member of the public, a staff member, another practitioner, or an agency external to HNE Health.
Who is a clinician?
A Clinician is a health practitioner or health service provider who is in a role in which they make clinical judgements and/or decisions - this is independent of whether the person is registered under a Health Registration Act.
If you are unsure who is the subject of the concern or complaint is a ‘clinician’, please discuss this with Clinical Governance.
What policy do I follow and when?
Following the MCCC process fulfils HNE Health’s obligations to report to NSW Health and ensures appropriate documentation around any matter concerning a clinician.
The NSW Health MCCC Policy and Guidelines outline the process that is followed for managing allegations made about a clinician that need investigation. Features that distinguish the process from allegations against non-clinicians is the role of Clinical Governance in the process, a level of severity is applied and there is also possibly need to report the matter to an external agency such as a Registration Board or the Health Care Complaints Commission.
Copies of the MCCC Policy, Guideline and Notification Form can be found at:
- NSW Health Policy Directive 2006_007 Complaint or Concern about a Clinician - principles for action at: http://www.health.nsw.gov.au/policies/pd/2006/PD2006_007.html
- NSW Health Guideline 2006_002 Complaint or Concern about a Clinician - management guidelines at: http://www.health.nsw.gov.au/policies/gl/2006/GL2006_002.html
- HNE Policy Compliance Procedure for Managing a Complaint or Concern About a Clinician - NSW Health (PD2006_007:PCP1)
- MCCC Notification Form
Where required, matters will be escalated to the Chief Executive via the relevant LHN Executive Portfolio Director. It is important to note that, with regard to a concern or complaint about a clinician, all correspondence to external agencies and Registration Boards must be signed by the Chief Executive and copied to the Director Clinical Governance. While the management or investigation may be undertaken by several parts of the health service (for example, Clinical Operations or Workforce Development) any concerns or complaints must be notified to Clinical Governance, in accordance with the NSW Health requirements. Clinical Governance staff are available for advice (please see below) and frequently asked questions are listed below.
The Policy Directives and Guidelines for managing complaints and concerns about clinicians should be used in conjunction with other relevant NSW Health Policy Directives that govern the behaviour and actions of all staff. A list of other NSW Health Policies that may be relevant are listed below, and consultation with staff of Workforce Development may assist in relation to workforce related policy interpretation.
Useful Links
NSW Health Policy Directives and Guidelines Governing Conduct and Behaviour
- Bullying - Prevention and Management of Workplace Bullying: Guidelines for NSW Health
- Bullying, Harassment and Discrimination - Joint Management, PSA and Nursing Association Statement
- Bullying, Harassment and Discrimination - Joint Management/Employee Association Policy Statement
- Child Related Allegations, Charges and Convictions Against Employee
- Code of Conduct - NSW Health
- Communications Systems: Use of NSW Health Communication Systems
- Conflicts of Interest in the Public Health System
- Corrupt Conduct-Reporting Possible Corrupt Conduct to the Independent Commission Against Corruption
- Criminal Allegations, Charges and Convictions Against Employees
- Disciplinary Process in NSW Health - A Framework for Managing
- Harassment Policy & Procedures - Freedom From
- Interns Practising Outside Hospitals
- Zero Tolerance Response to Violence in the NSW Health Workplace