The earlier, the better
One critical takeaway from our 2024 claims data is for practitioners to notify us of potential claims or complaints as soon as they arise
One critical takeaway from our 2024 claims data is for practitioners to notify us of potential claims or complaints as soon as they arise. Timely notification means that issues can be managed effectively, reducing the risk of escalating costs or legal action.
By addressing issues early, claims costs can often be reduced, and clients may be supported without the need for formal reporting.
In reality, serious formal claims against clinics are quite rare. And, while you can’t control whether or not a patient makes a claim against you, you can do a number of things that are not only good practice but will help you if a claim is made. One of the key things we see that result in the practitioner losing is because of a lack of evidence and record keeping on their part. While you don’t have any control over the legal costs, you do have control over having the right evidence to support yourself should a claim arise.
Patient selectionOne of the most important things you can do is at the stage before treatment has taken place, and that is patient selection. Look out for ‘red flags’ and do not treat patients that you think might be suffering from body dysmorphic disorder or have unrealistic expectations about treatment outcomes.
Manage expectationsUnderstanding your patient’s motivations will help you assess whether they are the right patient for you. When discussing their expectations, be open and honest about whether you feel they are achievable. It's a good idea to document this in your consultation notes as well so that there is evidence that you have had this conversation.
Make sure you document everything and keep records for 10 yearsDocumentation is key, and this includes timestamped photos and recoding the settings that are used on any equipment. One reason practitioners come unstuck when a claim is made against them is that they do not have before and after pictures. Some policies require that before and after photos are taken for all injectable treatments, so familiarise yourself with your policy conditions. Take a full medical history and identify any pre-existing conditions. Make sure you document what, if any, cosmetic procedures they have had in the past and if they have ever experienced any side effects. You should keep patient records and data safe and save them for 10 years so that you have evidence if a claim is made in the future.
Obtain informed consentYou must always obtain informed consent. Explain all the risks of the treatment clearly and tell them if there are alternative, more suitable treatments. Make sure that they sign the consent form to confirm they understand. You should also make sure the patient is provided with the relevant aftercare information. It's recommended that you provide patients with either an electronic or physical copy of aftercare information that they can refer to after they have left the clinic.
Be contactable post-treatmentYou must make sure the patient is able to contact you post-treatment. If you know you're not going to be available, make sure you provide contact details for a peer or colleague who your patient can contact instead. This will prevent the patient from panicking if they develop a side effect post-treatment and are unable to contact you, and it can prevent any concerns from escalating.
Have a comprehensive complaints procedure in placeDon't worry that this might encourage your patients to make a complaint against you, but instead, feel confident that it will provide you with a clear and professional process if you do receive a complaint. Having a clear and comprehensive complaints procedure in place means that you can deal with any complaints efficiently and consistently if you need to.
