Speech Pathologists indemnity and liability insurance

Guild Insurance regularly manages claims where issues arise when a client has received a service from more than one clinician.  This has lead Guild to explore how this situation may contribute to complaints by clients and/or their families which can lead to an insurance claim.

Evaluating another clinician’s work

Many speech pathologists will at times provide therapy for a client who has either previously or is currently receiving therapy from another speech pathologist.  In some of these cases, the clinician may have questions about that other therapy, such as when:

• the therapy may not seem to be up to the expected standard;
• the therapy selected may not appear the be the most ideal or obvious choice given the clinical situation; or
• it may seem as though the therapy provided has not led to the intended or expected outcome.

Speech pathologists must be very mindful of how they handle these situations and what they say to or in front of the client and their family.  It’s understandable that to provide therapy the speech pathologist will want an understanding of prior therapy.  However conversations about another clinician’s therapy, if not conducted appropriately, may contribute to the client or their family lodging a complaint against that other clinician.

How can this be avoided?

• Don’t make negative comments to a client or their family about the service provided by another speech pathologist. It’s possible that the clinical presentation is not the same as what the first clinician observed. Also, if the client has told you what their assessment/therapy consisted of, it’s possible they may not be accurate due to difficulties recalling information and/or their lack of clinical knowledge. Even if you think that your comment regarding the nature and quality of therapy provided by another speech pathologist is small or insignificant, it could be enough to encourage that client to make a complaint.
• If you’re seeing a client for the first time, be careful to not fall into the trap of simply relying on the client or their family telling you what their previous therapy entailed or just relying on previous clinical notes. You may need to find out more information from the previous clinician to ensure you have a thorough understanding of the client’s situation; only then can you decide what therapy will be most appropriate.
• If you’ve taken over the therapy of a client from a speech pathologist whose records are incomplete or insufficient, you may need to spend some time doing further assessment before continuing with their ‘usual’ therapy. It’s advisable to engage the client in a positive conversation on why you’re doing that, to manage their expectations.
• Managing client expectations from the outset is vital. Make clients aware of what to expect from their therapy and the timeframe for expected change. Clients don’t like surprises. The more they understand about their therapy and the likely outcomes, the less likely they are to be dissatisfied.
• Building relationships with clients, and their families where relevant, is an important element in providing a service. Get to know your clients and work on gaining their trust.
• Clients may become concerned about the ongoing costs of therapy if they cannot see the benefits they had expected. Always be open and upfront about the cost of therapy, and the expected rate of progression towards goals. Always provide them with an indication of how long they may need the services of a speech pathologist.
• Documentation is vital! The key to dealing with a dissatisfied client who’s considering making a claim or complaint against you is to have complete and accurate records. If your work is being questioned by a client or another speech pathologist, you’ll need a record of the facts and reasoning behind your decision making.
• Avoid offering refunds or free therapy in the event of a poor or unexpected outcome. This may be seen by the client as an admission of responsibility or liability and they may expect that discounted or free therapy will continue. Always contact Guild Insurance on 1800 810 213 before offering any form of compensation to a client.
• And finally, consider your ethical and professional obligation to be respectful towards colleagues. Always maintain a high level of professional and appropriate behaviour, both when treating clients and also any other time you’re communicating and interacting with them and their families. This not only reflects well on you, it can also improve the public perception of speech pathology as a profession.

For further information and support regarding your professional obligations, contact Speech Pathology Australia on 03 9642 4899, 1300 368 835 or [email protected].

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