Can I say sorry?

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This article is sponsored content brought to you by Guild Insurance.

Guild Insurance has learned that effective management of complaints against dentists can lead to quicker, fairer resolutions, while poor handling often escalates issues into serious complaints involving regulatory bodies. However, many dentists are unsure how to best manage a complaint.

Receiving a complaint can be an incredibly stressful event. Like many difficult situations, if you haven’t thought beforehand about how you’ll handle the situation, it can be challenging to work that out when in the moment. Therefore, it’s recommended all dental practices have considered and have an agreed complaints management process. 

Tips for managing complaints:

  • Listen to the patient – truly hear what they’re saying and try to understand it from their perspective, even if you don’t fully agree. Being heard is sometimes all a patient wants.
  • Don’t act defensively – taking complaints personally can worsen the situation.
  • Don’t offer compensation – this can complicate the matter and lead to unreasonable demands.
  • Don’t rush to fix things – sometimes in our haste to make situations better, people may say or offer something before the situation is fully understood.
  • Document everything – if the complaint isn’t in writing, make a written record of it and any related conversations with the patient.
  • Notify your insurer and/or Australian Dental Association (ADA) branch – don’t mention your insurer to the patient. Instead, let them know you’ll investigate the matter and get back to them. A key part of this investigation process is to inform your insurer as soon as possible of a complaint.*

Can I say sorry?

The word “sorry” is an incredibly powerful word but also one that makes many people nervous. Many dentists aren’t sure if they can apologise when a patient is unhappy with a professional outcome for fear of admitting guilt.

Guild and the ADA expect dentists insured with Guild not to admit any guilt or liability when facing a complaint.* However, there are various civil liability legislations around Australia (e.g. Victorian Wrongs Act 1958 and NSW Civil Liability Act 2003) that specifically note that an apology is not an admission of liability. 

Apologising demonstrates insight, which is valued by the Australian Health Practitioner Regulation Agency (Ahpra) and the Dental Board of Australia (the Board). Generally, Ahpra and the Board see a prompt, genuine apology as a positive reflection on a dentist. This aligns with Ahpra’s Shared Code of Conduct, requiring dentists nationwide to communicate openly and honestly with patients harmed by adverse events, apply open disclosure principles, listen to concerns, and acknowledge distress. So yes, you can, and in many cases should, apologise.

What shouldn’t you say?

When apologising, avoid saying, “I’m sorry to have done this to you,” as this could be seen as an admission of liability. Remember that the matter of liability and who’s responsible can be complex, and an investigation is usually needed to determine this. It’s best to word the apology in a way that acknowledges how the patient is feeling. Apologise for the outcome, not for that cause, for example, “I’m sorry this has happened” or “I’m sorry you are unhappy.” 

Hearing the word “sorry” can mean a lot to an unhappy patient. Guild sees cases where a patient has complained to Ahpra and stated that had the dentist listened to them, acknowledged how they were feeling, and apologised, they wouldn’t have taken their complaint further.  

* It’s a condition of Guild Insurance policies that you notify us of any claim as soon as possible and provide every letter, demand, writ, summons or other legal process. This is to be done without admitting fault or responsibility, no matter what your own views are concerning the incident. 

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DISCLAIMER

Insurance issued by Guild Insurance Limited ABN 55 004 538 863, AFSL 233791 and subject to terms, conditions and exclusions. This article contains information of a general nature only, and is not intended to constitute the provision of legal advice. Guild Insurance supports ADA NSW, ADAVB, ADA SA and ADATAS through the payment of referral fees. ADA NSW, ADAVB, ADA SA and ADATAS are authorised representatives of Guild Insurance. Please refer to the policy wording and policy schedule for details. For more information call 1800 810 213. DEN482400 ADA Bite Practice Start-Up Guide 05/2025 

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