What Happens When Saying “No” Turns Into a Board Complaint?
As a healthcare professional, you have a duty of care to provide safe and effective treatment to every patient. And sometimes, this means saying no–– whether it’s denying a prescription, unnecessary treatment, or setting some professional boundaries. But what happens when patients don’t accept “no” for an answer and file a board complaint against you? Could you undergo disciplinary action or, worse, face losing your license? Let’s consider what challenges you might encounter when denying treatment and how the LLF National Law Firm Professional License Defense Team can help you respond to licensing board investigations when you call 888.535.3686 or contact us online.
When Patients Can File a Complaint Against a Medical Professional
Patients have the right to complain to the relevant state medical board if they’re concerned about the treatment they have received, or if they believe a medical professional has acted unprofessionally towards them. Common reasons why patients might complain include:
- Poor communication
- Failure to diagnose
- Lack of empathy
- Unprofessional conduct
- Failure to treat
- Lack of appropriate follow-up care
- Failure to fully explain the risks of treatment or medical care
If patients believe they should have received certain treatment or medication, there’s a risk they will file a formal complaint, and this is where issues may arise for even the most responsible of clinicians.
Healthcare professionals have a responsibility to only provide medication, treatment, or devices if they are satisfied that the intervention:
- is safe for that patient; and
- best serves the patient’s specific needs.
However, it’s not unusual for patients to either self-diagnose or to have their own expectations regarding what treatment they require. For example, a patient may believe they need antibiotics to treat a viral infection or that they require a procedure to resolve an ailment that is self-limiting. They may also be over-reliant on certain medications, such as pain meds, and challenge you when you express concerns over their usage.
In all such cases, simply acting in the patient’s best interests and upholding your duty of care can lead to an unexpected complaint and potentially serious disciplinary action from your board. In the most serious cases, the complaint could ultimately place your license at risk, but in all cases, board investigations can damage your professional reputation and cause severe anxiety and psychological distress.
How to Protect Your License from Patient Retaliation
Given how serious the consequences of disciplinary action can be, how can you, as a healthcare professional, protect yourself from disgruntled patient complaints? Unfortunately, you can’t prevent patients from approaching your board, but the stronger your patient-professional relationship, the less likely it is that patient concerns will escalate to board level.
- Actively listen to and address patient concerns
- Use language that laypersons can understand when explaining why treatment or medicine is inappropriate
- Give patients every opportunity to ask questions and seek clarity
- Be empathetic and avoid closed or dismissive body language
- Keep accurate notes for all patient consultations and include any concerns raised by the patient
When patients trust their physician, dentist, or other medical professional, they’re more likely to accept “no” for an answer. Focusing on conflict resolution, showing empathy, and actively listening to patients are skills that could ultimately reduce your risk of patient complaints.
Are you dealing with a pending board investigation? Don’t leave any part of your defense to chance. Do everything you can to protect your professional license and your livelihood by contacting the LLF National Law Firm Professional License Defense Team at 888.535.3686 or reaching out to us online.