MEDICUS MARCH 2016

F E A T U R E

What can my MDO do for me?

Dr Jane Deacon Medico-legal Adviser, MDA National

D octors pay thousands of dollars every year for their medical indemnity insurance. It’s an Australian Health Practitioner Regulation Agency (AHPRA) requirement and also provides peace of mind that in the event of a claim, your medical defence organisation (MDO) will handle the claim, guide you through the process, and also bear the financial burden if a settlement is required. But that is by no means the only role of your MDO. Complaints and investigations are on the increase. We live in a world where the consumer makes his or her feelings known – and medical care is no exception. Patients can lodge a complaint about their healthcare with a variety of agencies. AHPRA receives the majority of complaints, but other entities include the Office of the Australian Information Commissioner, the Equal Opportunity Commission, the Mental Health Commission, the Australian Medical Association, the Health and Disability Services Complaints Office, Medicare, the Minister for Health, and the Australian Federal Police. Easy and almost universal access to the internet means that anyone with a grievance can “Google” the relevant agency and complete the online complaint form in a few minutes. Dealing with these agencies can be time consuming and very stressful for the doctor concerned, and your MDO can manage this process. So when such a complaint lands on your desk, your first call should be to your MDO. Experienced staff will help you with your response and navigate you through the process. Approximately one in 20 doctors will receive a formal complaint each year, so it is likely that most doctors will encounter this situation at least once, at some stage during their career. Staff at your MDO deal with complaints and the various agencies every day, and have the skills and experience to assist you. Your MDO can also provide you with medico-legal advice. Provision of expert medico-legal advice at an early stage may prevent a future complaint. Here are some examples of issues

Although dealing with complaints and claims is part and parcel of a professional career, most doctors find

that may arise:

• Can the widow of my recently deceased patient have a copy of his medical file? • How do I deal with a subpoena? • How do I

it a significant source of stress… we have a

terminate the doctor-patient relationship? • The police are at my office and want to interview me, what should I do? • How long do I have to keep my medical records? • I think my medical colleague has a drug problem – what should I do? • My patient keeps sending me love letters and asking me out to dinner – what should I do? • Is it okay to provide medical care to my family? Although dealing with complaints and claims is part and parcel of a professional career, most doctors find it a significant source of stress. Providing support during the process is an integral part of MDA National’s role and we have a dedicated and skilled team who can provide collegial understanding at this time, as well as assist with the complaint. So, don’t hesitate to call your MDO. We are here to assist and guide you, and are waiting to hear from you. This article is provided by MDA National. They recommend that you contact your indemnity provider if you need specific advice in relation to your insurance policy. ■ dedicated and skilled team who can provide collegial understanding at this time

The changing landscape of medico-legal risk Chad Edwards-Smith Continued from page 34

In managing emerging risks it is important to:

manage many risks; • seek early advice from your medical defence organisation if you are in any doubt; and

• have robust procedures in place – particularly before adopting new processes or technology. ■

• make risk management a priority as thinking ahead can help you avoid or

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