Receiving a complaint or claim can be stressful, but your first response matters

by | Mar 15, 2026 | Claims Advice, Medical Malpractice Insurance

How to react calmly, preserve your position and avoid making a difficult situation worse.

The emotional reality

Receiving a complaint from a patient, the HPCSA, another regulator or an attorney can be deeply upsetting. Even experienced practitioners may feel anger, shame, anxiety or panic. That response is human. What matters next is not perfection, but discipline.

Do not assume the complaint proves poor care

A complaint does not automatically mean the care was negligent or unethical. Some complaints arise from genuine adverse events, some from misunderstanding, and some from anger about communication, billing or outcome rather than clear misconduct. Even weak complaints, however, must be handled properly.

Notify early

If your indemnity policy or reporting framework requires notification of a claim or of a circumstance that may give rise to a claim, do not delay. Early notification protects cover and allows the matter to be managed before avoidable mistakes are made. Waiting until a summons arrives can be an expensive gamble.

Read carefully before reacting

Study the complaint more than once. Identify exactly what is alleged, who is complaining, what remedy is sought, whether consent or authority is in issue, and whether records or communications are being requested. A rushed, emotional response often overlooks the point that actually matters.

Preserve the evidence

Lock down the record. Do not alter, backdate, tidy or rewrite notes. Preserve emails, WhatsApp messages, booking logs, invoices and other relevant documents. If something needs clarification, add a transparent dated addendum rather than rewriting history. Record integrity is often as important as the underlying clinical issue.

Do not respond alone if the matter is serious

Serious complaints should be discussed with your broker, indemnifier, legal adviser or a suitably experienced senior person before any substantive response is sent. Regulators and claimant attorneys read tone as well as content. A defensive or careless first response can harden the dispute unnecessarily.

What information is usually needed for reporting?

In most cases you will need the complaint or claim itself, the clinical notes, relevant communications, billing records if applicable, and a concise factual chronology explaining what happened, when it happened, who was involved and what remedial steps were taken. Resist the urge to argue the whole case in your first narrative. Clarity is more useful than outrage.

Look after yourself too

The stress of complaints can affect concentration, sleep, judgment and patient safety. Speak to a trusted colleague, mentor or support resource. Getting help is not weakness. It is part of practising safely while under pressure.

Final thought

Complaints are unwelcome, but they are not rare. The practitioner who stays calm, reports early, preserves the record and seeks proper advice usually places themselves in a far better position than the practitioner who reacts in anger or silence.

Maud Letzler

Maud is a senior legal professional with over 18 years’ experience across the healthcare, medical, and insurance sectors. A qualified Legal Counsel and Advocate, she specialises in regulatory compliance, medical malpractice, professional indemnity, and complex litigation. Maud has advised Boards, executive teams, insurers, brokers, and healthcare professionals on risk management, cross-border legal matters, and emerging regulatory developments, including POPIA, GDPR, informed consent, and healthcare legislation. She has represented clinicians before regulatory bodies and courts, acts as a mediator and arbitrator, and is a published author on medical and contract law. Her work is grounded in practical, future-focused legal insight that protects professionals while supporting sustainable business outcomes.