OA Corner Part 17: Patient complaints Part 2

Sue Deal FBDO R

Hopefully patient complaints will not happen often, but when they do, it is vital to deal with them in an effective way to resolve the problem as quickly and satisfactorily as possible and turn a negative experience into a positive experience for the patient.

Any complaint should be seen as an opportunity to solve a problem and therefore to ensure the patient returns to you in future. In fact, rather than thinking of it as a complaint, it is helpful to think of it as a concern, as most patients will be worried and looking for help and reassurance.

Firstly, it is important to understand some points of law, and consumer rights. The General Optical Council (GOC) replaced its Code of Conduct with its Standards of Practice in April 2016, which includes information on handling complaints and methods of resolving the complaint.

If a product is defective, there are four options available:
1. A full refund
2. A partial refund
3. A repair
4. A replacement

Hopefully, a refund will not be necessary, and the patient will be willing to accept a replacement. However, a patient may reject the goods within the first 30 days and obtain a refund. The refund should be processed within 14 days and made in the same way as the consumer paid.

The following are examples of different categories used to classify a defective product:
• The product must be fit for purpose. An example would be a poorly fitting frame that was so uncomfortable that the patient was unable to wear the spectacles
• The product should be as described
• The product should be free from minor defects
• The product should last for a reasonable length of time
• The product should be safe

The price, description and relevant circumstances should all be taken into account. It would be reasonable to expect an expensive, high-quality frame to last longer than a cheap, free frame; although the free frame should still be expected to be fit for purpose. If a problem arises within the first six months, then it must be presumed that the defect was present at the time of supply.

If the patient decides on a replacement or repair, the 30-day period to reject the goods is paused while a replacement is provided, or repair undertaken. If after one repair, the product is not of satisfactory quality the patient is entitled to a refund or can request further repairs.

A partial refund can be agreed, and the reduced price should reflect the extent to which the product does not meet the expected standards. For example, if the patient had chosen a brown frame and a black frame was accidently provided, the patient could either ask for a refund, accept a replacement brown frame, or keep the black frame and a partial refund.

If a pad fell off a frame after a few days, and a new pad was fitted, but the replacement pad then also fell off after another few days, the patient could ask for a refund. However, if the patient felt their vision was no better with the new prescription, and they ask for a refund, there has to be an element of discussion before a refund can be issued.

Hopefully complaints can be dealt with in practice, but if this is not possible, patients can contact the Optical Consumer Complaints Service (OCCS) to assist with complaints about both goods and services.

The OCCS is supported by both the GOC and ABDO, and will work with both the patient and the practice to obtain a satisfactory outcome for both parties. It is worth noting that the OCCS will only deal with complaints regarding goods or services, and will not deal with negligence or fitness to practise claims.

Empathy and understanding

The optical assistant is often the first point of contact for a patient, and the first impression you make with the patient will often determine the outcome, and it is vital to deal with the initial complaint in an empathetic way.

It is important to remember that the complaint is not personal, and to remain calm and professional at all times. Sometimes, people are worried that they have spent a lot of money on a pair of spectacles that are not functioning properly, or they may be concerned there is something wrong with their vision, and this can sometimes translate into anger and frustration.

If possible, take the patient to a quiet area of the practice, and ask them to take a seat. Ensure you give them your full attention and ask them to explain their problem. You should listen without interrupting at this stage and allow the patient to get the complaint off their chest. Your body language is key here, and so try to maintain eye contact, nod where appropriate and show the patient you are taking their complaint seriously.

Once the patient has outlined their complaint, you should sympathise. For example, you could say I am sorry this has happened, and I understand your frustration. I will do all I can to resolve this issue for you. It is important at this stage not to admit you have made a mistake unless you are completely sure you have.

Care is needed not to justify what has happened as this will inflame the situation. For example, saying: “We sell lots of these frames and this has never happened before, are you sure nothing has happened to them?”, will make the patient defensive.

You should use open and closed questions to ensure you have fully understood the complaint, ensuring you keep calm throughout, and summarise what the patient has said to show you have listened and understood the problem.
You then need to agree what will happen next, and it is important at this stage to be realistic with what is possible.

For example, if a new frame is to be ordered and it is likely to take a week, don’t say you will try to replace it in a couple of days. It is better to say you will give the matter your personal attention and will obtain a replacement as soon as you can, which hopefully will be about a week.

It is important that you keep the patient updated, and ensure you see them when they come to collect the replacement if possible. The patient should be contacted a few days later to check on how they are getting on with the replacement spectacles.

Hopefully, this approach will ensure a positive outcome for your patients and the practice should any complaints arise.

Sue Deal FBDO R is a practising dispensing optician, ABDO College examiner, senior tutor and supervisor for dispensing opticians. She is also a practice visitor and external moderator for ABDO. She was recently awarded the ABDO Medal of Excellence for her outstanding services to the profession.

OA Corner Part 16: Patient complaints Part 1
OA Corner Part 15: Dry eye disease
OA Corner Part 14: Occupational dispensing
OA Corner Part 13: PPLs demystified

Links to Parts 1-12 can be found here.