Patient Rights

Definition of an Unreasonably Demanding or Persistent Complainant. The Guidance issued in 1999 by the then Scottish Executive outlined that complainants (or anyone acting on their behalf) may be deemed to be habitual or vexatious complainants where previous or current contact with them demonstrates that they meet TWO OR MORE of the following eight criteria or number 6 alone.

1. 1. Persist in pursuing a complaint where the Victoria Practice Complaints Policy has been fully and properly implemented and exhausted.
   2. Change the substance of a complaint or continually raise new issues or seek to prolong contact by continually raising further concerns or questions whilst the original complaint is being addressed. Care must be taken not to discard new issues that are significantly different from the original complaint. These might need to be addressed as separate complaints.
   3. Are unwilling to accept documented evidence of treatment given as factual, e.g. drug records, nursing and medical records. The complainant may deny receipt of an adequate response in spite of correspondence specifically answering their questions or do not accept that facts can sometimes be difficult to verify when a long period of time has elapsed.
   4. Do not clearly identify the precise issues that they wish to be investigated, despite reasonable efforts of Victoria Practice’s colleagues to help them identify their concerns, and/or where their concerns are out with the remit of the Practice to investigate.
   5. Focus on a trivial matter to an extent that is out of proportion to its significance and continue to focus on this point. It should be recognised however that determining what is a “trivial” matter can be subjective and careful judgement must be used in applying this criterion.
   6. Have threatened or used actual physical violence towards colleagues at any time. This will in itself cause personal contact with the complainant and/or their representatives to be discontinued and the complaint will thereafter only be pursued through written communication. All such instances should be documented, and may on occasions be brought to the attention of the Police.
   7. Have in the course of addressing a registered complaint had an excessive number of contacts with Victoria Practice, placing unreasonable demands on colleagues. This contact may be in person, by telephone, letter or e-mail. Discretion must be used in determining the precise number of “excessive contacts” using judgment based on the specific circumstances of each individual case.
   8. Have harassed or been personally abusive or verbally aggressive on more than one occasion towards colleagues dealing with their complaint. All incidents of harassment should be documented.