NHS Complaints Procedure
Whether or not you decide to seek financial compensation, the starting point for the majority of medical negligence cases will be to make a formal complaint to the relevant Trust.
There is usually a 6-month time limit from the date of the act of negligence for lodging a complaint.
If available, we strongly advise all our clients to pursue this procedure before embarking on litigation.
The advantages of the pursuing the NHS Complaints Procedure are as follows.
1. If you are financially eligible for Public Funding (also known as Legal Aid), funding can be refused if efforts have not been made to pursue the NHS Complaint Procedure.
2. We understand that in many cases, clients are not primarily interested in financial compensation, they are merely using the legal system to obtain explanations and apologies. The NHS Complaint Procedure has been specifically designed to provide explanations to concerned individuals. Only when our client’s are dissatisfied with the outcome of the NHS Complaints procedure or decide to pursue a compensation claim, do we recommend pursuing legal action. From our experience, most people are left disappointed by the complaints procedure.
3. Once a decision has been taken to pursue a claim, we will be able to access your complete complaint file. This is often very helpful when investigating whether you have a claim.
In order to pursue this procedure you will need to prepare a letter to include a concise summary of events, followed by a series of questions which you would like answers to.
We recommend that this letter should be no more than a couple of pages. The more concise the letter, the less opportunity it gives the Trust to create a smoke screen within their response.
For example if your letter includes a series of minor issues, the Trust can, and often will, address these issues in the same, or in some cases greater depth than the main issue, thereby skirting around the main potential act of negligence.
Please include the title Formal letter of Complaint, and address it to the Chief Executive of the relevant Trust, or the Practice Manager if your complaint relates to your GP or Dentist.
Please then sign and send by recorded delivery to the relevant Trust and/or Surgery.
The NHS aim to provide a full investigation within 20 working days, however there is no sanction in place if this target is not met. In our experience you should receive a formal reply to your complaint in approximately 40 days time. This is termed "local resolution".
If you inform the healthcare provider that you have sought legal advice, this will provide an opportunity to the healthcare provider to refuse to deal with your complaint.
If and when you receive a written response, should you require our assistance please send the letter to us in order that we can give consideration to your claim .
If the matter is not able to be resolved at local resolution level then you can request the Healthcare Commission for an "independent review" (see below for contact details). The commision is an independent body established to promote improvements in health care. You must ask the commission to review your complaint within two months of receiving a final formal written response from the Trust or practitioner about whom you made your complaint.
A member of the Commission staff will conduct an initial review of the matter with the help of expert advice if necessary. A letter with a decision and any recommendations will be sent you and the Trust or practitioner against whom you are claiming. If the Commission decides to investigate your complaint further they will agree the investigation's terms of reference with you. You and the Trust or practitioner against whom you are complaining will receive a full report of findings at the end of the investigation. If you are unhappy with the outcome of the investigation you have the right to request an independent panel to hear your concerns. The panel will consist of three members of the public who are not connected to the NHS but who have specialised training to deal with NHS complaints. The panel will hear your complaints and the views of the Trust or practitioner concerned. They may make recommendations for resolution or improving services where appropriate.
If you remain dissatisfied after local resolution and independent review then you can complain to the Health Service Ombudsman (see below for contact details). The Ombudsman is completely independent of the NHS and government. The Ombudsman is not obliged to investigate every complaint put to him and is likely not to take on an investigation, which has not been through the NHS complaints procedures. The Ombudsman is also likely not to deal with matters, which have been the subject of legal action.
The Independent Complaint Advocacy Service (ICAS) provides advice to people who want to complain about the NHS (see below for contact details for local ICAS).
Contact Addresses:
Healthcare Commission
FREEPOST NAT 18958
Complaint Investigation Team
Manchester M1 9XZ
Telephone Number:- 0845 601 3012
Website:- www.healthcarecommission.org.uk
E-mail:- complaint@healthcarecommission:org.uk
Health Service Ombudsman
Mill Bank Tower
Mill Bank
London SW1 4QP
Telephone Number: - 0845 015 4033
Website: - www.ombudsman.org.uk
E-mail:- OHSC.Enquiries@ombudsmen.gis.gov.uk