Clinincal Negligence

Complaints

Making a complaint about the NHS

You are entitled to complain about any aspect of NHS treatment. The way to do this is to use the NHS complaints procedure. Generally you can only do so if you are a patient or a former patient of the doctor or healthcare Trust which provided the treatment. A relative can complain on behalf of a patient but will have to demonstrate that they are a properly appointed representative.

There are different NHS complaints procedures for the various countries making up the United Kingdom.

Time limits for making a complaint

As you would expect you ought to try to make the complaint at the earliest opportunity.

The doctor or Trust may refuse to consider the complaint unless it is submitted within six months of the date of the events giving rise to the complaint or the date the patient first became aware of the grounds for making a complaint. Sometimes this time limit is waived by the Trust or Doctor.

Damages

The complaint process is different from the compensation process. Generally you will not be able to recover compensation simply by making a complaint. However making a complaint can be an important preliminary step before making a compensation claim and may help the patient to make such a claim.

The NHS complaints procedure

Local Resolution

Health Trusts, GPs, opticians, dentists, and some other organisations should have a complaints procedure. The patient can ask for a copy. The first stage in the complaint process is known as Local Resolution and involves a complaint in writing and a request for a written response.

Second stage - Independent review

Sometimes Local Resolution is sufficient to resolve the patient's complaint but this is not always the case. If the complaint is not resolved at the first stage the patient can ask for an independent review.

In England, independent reviews are carried out by the Healthcare Commission. The telephone number for the Commission is 0845 601 3012. The Commission's website is at: www.healthcarecommission.org.uk .

The person appointed to carry out the review can take one of several courses. He or she may:-

  • refer the matter back to the healthcare Trust or Doctor to continue the Local Resolution process if it appears that may be beneficial; or

  • set up an independent review panel to investigate the complaint; or

  • explain to the patient that in the opinion of the person conducting the review, nothing further could or can be done.

If the final event, the patient has the right to request that the complaint be referred to the Health Commission.

Third stage - Referral to Health Commission

If the patient is dissatisfied with the result of the Independent Review, he or she can refer the matter to the Health Commission.

Judicial review

An application to the Court for a Judicial review of the decisions made by the bodies dealing with the complaint.

We often assist clients to make complaints. The Legal Services Commission generally refuse legal aid funding unless and until a complaint has been made.