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Health Services Commissioner Annual Report 2000/2001

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A young female patient went to consult a dentist about stain removal from her<br />

teeth. The dentist said he could clean and de-scale her teeth and she agreed to<br />

the procedure, but warned him that she was very anxious and could become<br />

panicky if she thought she could not breathe during the treatment. The dentist<br />

told her if she became distressed for any reason she should simply raise her left<br />

hand and signal to him. She did this twice during the treatment and the dentist<br />

stopped as agreed and allowed her to sit up and take a break. On the third<br />

occasion he became angry, threw an instrument across the room, swore at her<br />

and told her she was too pathetic to help and to go elsewhere for her treatment.<br />

When contacted by the HSC the dentist claimed he was an excellent<br />

communicator and no-one else had ever complained about him. He accused the<br />

woman of having mental problems. He said, he would not respond to her in<br />

writing as it was too much trouble and she was the one in the wrong. Because of<br />

this response, the matter was not suitable for conciliation and was referred to the<br />

Dental Practice Board of Victoria. After speaking with the Board and his<br />

professional association the dentist telephoned the HSC and offered to apologise<br />

to the woman and refund her fee.<br />

A man went to a naturopath because of pain in his shoulders from playing golf.<br />

The naturopath massaged the man’s shoulders and manipulated his neck. He<br />

felt an immediate sharp pain which worsened over the next few days. He went<br />

back to the naturopath who explained he might feel worse for a while before he<br />

began to feel better. The pain decreased over time and eventually disappeared,<br />

but the man felt angry he had not been warned of the possibility of the pain<br />

becoming worse. He had also been fearful some permanent harm had occurred.<br />

The naturopath agreed she had not warned him adequately on this occasion,<br />

although she normally did do this. She agreed to refund the fees he had paid her<br />

and he decided not to pursue the matter further.<br />

Table 11 below shows the types of complaints made in relation to rights.<br />

Table 11. Rights issues<br />

Rights 10%<br />

Accuracy of records 9<br />

Access to records 20<br />

Assault 35<br />

Discrimination 17<br />

No/insufficient consent 19<br />

Unprofessional conduct 45<br />

Other 21<br />

Privacy/confidentiality 64<br />

<strong>Health</strong> <strong>Services</strong> <strong>Commissioner</strong> <strong>Annual</strong> <strong>Report</strong> <strong>2000</strong>/<strong>2001</strong> 37

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