Disrespect toward patients: Insights to reduce risk

Key messages

• Disrespect toward patients, particularly in communication, is an allegation or concern that is commonly raised in claims.
• The frequency of this concern demonstrates the value patients place on their interactions with doctors.
• The results highlight the necessity of keeping thorough patient records to assist you should you face a complaint. This may be particularly helpful if you are unable or unwilling to provide what the patient has requested.

1 in 8 claims involved disrespect toward patients

In most of these claims, concerns about disrespect
were secondary to another issue.

• Claims often involve more than one issue.
• In four-fifths of claims involving disrespect toward patients, the
  primary focus was on another issue (e.g. patient management
  or treatment, diagnosis).

Disrespectful communication was a common
concern in these claims.

• In claims involving disrespect toward patients, disrespectful
  communication was the most common concern (e.g. the
  patient felt the doctor spoke rudely to them or ignored them).
• The doctor's attitude or manner was also a concern (e.g. the
  patient thought the doctor was arrogant or inconsiderate).

Allegations of disrespect were common in claims focused
on patients' requests/preferences not being met.

• In claims primarily focused on patients not having their requests or
  preferences met, a secondary allegation of disrespect was more than
  twice as common than in claims focused on other issues.
• Of the claims with both these issues:
  - most centred on provision of a treatment plan (e.g. a mental
  health care plan), prescribing (especially drugs of dependence),
  or assessments of capacity/illness (e.g. medical certificates).
  - none had the primary issue or the allegation of disrespect
  substantiated in the subsequent medico-legal review.

About this analysis

This report is based on our analysis of the underlying themes in 3,089 indemnity claims, including complaints to regulators and compensation claims for Avant member doctors from all specialties, finalised between July 2019 and June 2020.

There were 386 claims involving disrespect toward patients; the vast majority were complaints to regulators.

Claims were classified as involving disrespect if the main issue alleged, secondary allegations and/or contributing factors in the claim included a concern about a doctor's lack of respect or consideration for a patient's values, preferences, autonomy, expressed needs, comfort and/or quality of life and/or disrespectful communication with a patient.

There were 278 claims classified as being primarily about a patient's requests or preferences not being met and 2,729 claims classified as being primarily about other issues (not including the 82 claims for which disrespect toward patients was the primary issue).

For any queries please contact us at research@avant.org.au

More Resources

For articles, factsheets, case studies and other resources on a range of topics, visit the Avant Learning Centre.