Hopefully patient complaints will not happen often, but when they do, it is vital to deal with them in an effective way.
This ensures the problem can be resolved as quickly and satisfactorily as possible – and any negative experience can be turned into a positive experience for the patient and a learning experience for the practice team. But first, it is important to understand some points of law, and consumer rights.
In April 2016, the General Optical Council (GOC) replaced its Code of Conduct with Standards of Practice, and this includes information on handling complaints and methods of resolving the complaint.
If a product is defective, there are four options available according to the Consumer Protection Act:
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 is entitled to 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.
So what constitutes a defective product? Firstly, 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. In short, the product should:
• Be as described
• Be free from minor defects
• Last for a reasonable length of time
• Be safe
The price, description and relevant circumstances should all be considered. 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 is 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 they 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 theoretically 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.
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 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 claims of a clinical nature.
In next month’s article, we will look at how complaints can be handled successfully in order to achieve a positive outcome for both the patient and the practice.
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 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.