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Health Services Commissioner Annual Report 2000/2001

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The Victorian Advisory Committee on Infection Control (VACIC) should continue to<br />

address the issue of infection control orientation and on-going training of medical,<br />

nursing and other staff groups within the public hospital system. This process could<br />

include standardisation of course content, duration and quality processes which ensure<br />

active involvement of all staff, particularly medical staff.<br />

Consumers have a right to expect the achievement of world’s best practice in infection<br />

control and prevention and the right to know if it is not being achieved, and the<br />

reasons why. Publication of infection control risk adjusted data, for all procedures, is<br />

recommended following a reasonable pilot period of adjustment.<br />

PUBLIC INTEREST ISSUES<br />

Complaints can indicate trends within the health care system that have implications<br />

for the general public. Public interest is defined by the following criteria:<br />

1. The circumstances outlined in the complaint are likely to affect a significant<br />

number of people.<br />

2. These circumstances impact on certain population groups.<br />

3. The complaint is indicative of a systematic flaw, the result of a deficiency in<br />

policy or procedures.<br />

4. The complaint raises an issue that is individual in nature but that occurs<br />

unreasonably often, suggesting that a systemic problem exists.<br />

These criteria have been used to highlight complaints as they move through the<br />

system so the public interest issue may be given appropriate attention in conjunction<br />

with the individual’s complaint. A review of complaints so labelled has highlighted a<br />

number of issues.<br />

MEDICAL RECORDS<br />

Most of the complaints received by the HSC contain failures of communication. The<br />

<strong>Commissioner</strong> has concerns about the poor state of record keeping by many health<br />

practitioners. The courts in Australia have made it clear in cases like Kite v Malycha<br />

SASC 6702, 10 June 1998 that poor record keeping could be the basis of a medical<br />

negligence claim. Frequently the writing is difficult to understand which has the<br />

potential to cause further mistakes and to damage patients. Sometimes there are<br />

serious omissions in medical records with doctors saying they are too busy to<br />

complete the record. This places doctors at risk of medical negligence claims and the<br />

patients may be harmed because valuable information is not available. Medical<br />

practitioners need to take into account the fact that the <strong>Health</strong> Records Act <strong>2001</strong>,<br />

which will begin operation in March 2002, will grant patients a legal right of access to<br />

information in records about them. The legislation also obliges organisations that<br />

handle health information to do so in accordance with eleven privacy principles which<br />

appear in the schedule to the Act. Good record keeping is part of good health care.<br />

Some providers who counsel families adopt the risky practice of keeping one set of<br />

<strong>Health</strong> <strong>Services</strong> <strong>Commissioner</strong> <strong>Annual</strong> <strong>Report</strong> <strong>2000</strong>/<strong>2001</strong> 19

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