Civil Claims Estimates based on figures available indicate that there are at least five incidents that intimate legal action against pharmacists occurring somewhere in the UK every day. (Applies to Full Members Only) Adopt an incident handling procedureLaw firms are widely advertising their pursuit of claims for compensation on a no-win no-fee basis. This has caused a huge increase in litigation consciousness that pervades society. To limit the chances of a claim being made against you it is important that you adopt an incident handling procedure. If such a procedure does not exist at your place of work then we recommend the following: Recognise the two stages of troubleThe complainantMost patients on discovering that an error has occurred will simply want to return to your pharmacy to be assured that you will avoid a similar error in the future. We call this type of patient a "complainant". Proper handling of a complainant generally prevents an incident going any further. The claimantIf a complainant is handled badly by a pharmacist or if a serious error occurs, the complainant can become a claimant. A claimant can be distinguished by talk of seeing a solicitor or taking the matter further. There is much that you can do to prevent a complainant becoming a claimant. Don't panic!It is easy to lose control; after all, your professionalism may have been challenged. Remember you have an opportunity to rescue the situation, so you need to be calm and collected. Take all complaints seriouslyDo this, no matter how trivial or ridiculous a complaint may initially seem. Never critise othersYou may discover that someone else made the error. NEVER criticise, as you are providing evidence unnecessarily. Remember it may happen to you and you too may need to rely on a colleague. Offer to make good the deficiencyRectify the fault and try to give an undertaking on future performance, e.g. "In the light of this error we will be undertaking a review of our procedures to prevent this ever happening again". Communicate wellNever use defensive or confrontational language and keep your concerns patient focused. A frank and honest approach is always helpful. The Code of Ethics places a duty of candour on pharmacists. Open body language and a conciliatory approach can often win over an initially hostile patient. Go out of your wayInvest time and humility at the initial stage, as this may well save lots of time later if the complaint turns into a claim and you are reported to the regulatory authorities. Offer to take the correct replacement medication to the patient's home, and follow the case up a week later by telephone. Never talk about compensation or insuranceThis is a fast track to disaster and it will probably actively convert a complainant into a claimant. Make a written recordRecord keeping is the cornerstone of good pharmacy practice: a set of written notes made while the incident is still fresh in the mind may well act as a powerful piece of evidence in the future. Learn lessonsAny error represents an opportunity to ensure that systems can be modified to prevent errors happening in the future.
|
   
|