The short answer
If the manager or owner does not address your issue, you can lay a complaint to the HPCSA.
The whole question
Dear Athalie
My brother has been taking ARVs for seven years. My brother has a mental disability, so I go with him to collect his medication at the clinic run by his doctor.
The last time we went to the clinic for his medication, we were met by a very rude employee who wouldn't give us my brother's medication because we hadn't yet received an SMS confirming it was ready for collection. It often happens that the SMS doesn't get sent even though the medication is ready, which is why we didn't wait.
The lady was so rude to us that my brother started crying and blaming himself for not remembering things, even though he had done nothing wrong.
We had to go back to fetch his medication at a later date.
How can I complain about bad service at a private health care facility?
The long answer
It is completely unacceptable to treat a patient this way, especially one who is particularly vulnerable because of mental issues.
The Health Professions Council of South Africa (HPCSA), which is a statutory body that all health professionals must be registered with, says that to protect the public, it ensures that “practitioners uphold and maintain professional standards and ethical standards within the health care professions, ensures the investigation of complaints concerning practitioners and ensures that disciplinary action is taken against persons who fail to act accordingly.”
The HPCSA has published a series of booklets, one of which, Booklet 3, entitled National Patient’s Rights Charter, says patients have a right to (point 2.3.6) “a positive disposition displayed by health care providers that demonstrates courtesy, human dignity, patience, empathy and tolerance.”
Under point 2.12, it says, “Everyone has the right to complain about health care services, to have such complaints investigated and to receive a full response on such investigation.”
On the patient’s side, they must (according to point 2.13.8) “comply with the prescribed treatment or procedures.”
Although it could be argued that your brother, in forgetting that he had not received his SMS advising him to collect his ARVs, was not complying with the prescribed procedure as he is required to do, that is no justification at all for the lack of empathy, rudeness and arrogance of the employee who caused your brother to weep and refused to give him his medication. That is bullying of a vulnerable person and is in direct violation of 2.3.6 above.
Although it was not the doctor/owner himself who behaved like this, I think you need to write to him describing how his patient, your brother, was treated by his employee, and ask him to take it up with his employee and give you his assurance that this will not happen again.
(In terms of 2.12 above, everyone has the right to have complaints investigated and receive a full response on such investigation).
Hopefully the doctor will respond positively, but if he does not respond to your letter, you should write to him again, expressing your disappointment at his lack of response, which falls short of the standards of ethical and professional practice that the HPCSA requires of health professionals.
If he does not respond to that, you could make a complaint to the HPCSA.
For complaints against practitioners, you can email them at Legalmed@hpsa.co.za.
You could also consider finding another surgery for your brother to collect his ARVs and if you find a suitable alternative, let the doctor know that his failure to respond to a legitimate complaint about his employee’s treatment of your brother means that your brother will no longer be his patient.
Wishing you the best,
Athalie
Answered on Aug. 14, 2024, 4:06 p.m.
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