What is the NHS Complaints Procedure?
Whilst the NHS strives to provide the best care to patients, avoidable mistakes do happen, and things go wrong. When suspecting something has gone wrong, it is important to contact a specialist medical negligence solicitor for advice on the NHS complaints procedure.
At the same time as doing this, it can be helpful to contact the NHS provider directly by sending a letter of complaint clearly addressing the concerns using the NHS Complaints Procedure.
Most NHS Hospitals will have trained PALS (Patient Advice and Liaison Service) staff on site who will assist you with the complaint.
Upon receipt of the complaint from you, provided it is brought within time, PALS will liaise with you as the patient and the NHS will commence an investigation.
What may give rise to a complaint?
There are many reasons why a patient may feel they need to complain about the treatment they have received. These reasons may include:
- A delay in receiving the correct and necessary treatment
- A failure to provide the correct treatment
- Injuries arising due to negligent surgery
- A failure to provide appropriate aftercare following treatment and/or surgery
- Any aspect of the treatment which it is considered has caused harm
Who should I send the complaint to?
The procedure applies to all NHS bodies and healthcare providers who provide NHS services. This includes:
- Primary care providers, including GP practices and dental surgeons
- NHS Hospitals
- Private providers who are providing NHS services
- Out of Hours services and NHS 111
- Commissioning bodies
How do I go about making an NHS complaint and is there a time limit?
As soon as you have concerns that something has gone wrong with your treatment, you should raise your concerns with the provider. This should involve writing a letter of complaint clearly addressing the concerns you have.
The complaint should be made within 12 months of the incident, or within 12 months of you becoming aware that something has gone wrong. Whilst the NHS will consider complaints received after this time has elapsed, they will only do so if there is a good reason given for the delay and the complaint can still be investigated fairly and effectively.
What should I say in my complaint?
You should be as clear as you possibly can be about what you consider may have gone wrong and set this out in the letter. It is important to make sure you are satisfied the letter addresses all relevant points before you send it.
What is the procedure once I have submitted my complaint?
You should send your complaint as soon as possible. It will then be acknowledged, and the NHS will commence their own investigation which often involves considering your records and discussing the matter with the staff involved in your treatment.
At the conclusion of the investigation, the NHS will write to you with a letter responding to your complaint. In this letter they may make admissions as to inadequate treatment or they may respond advising why they feel the treatment you received was satisfactory and appropriate. They will usually give you the opportunity to contact them if you are not happy with the response received.
Some providers are now giving patients the option of attending a meeting to discuss their concerns with the medical staff and/or those investigating the complaint. Some of these meetings are recorded and often a copy of the recording will be sent to you afterwards.
What do I do next if I remain dissatisfied with the response?
If you remain dissatisfied following your consideration of the response and you being given the opportunity to discuss the matter with them, you can complain to the Parliamentary and Health Service Ombudsman. This involves consideration by an independent panel who will review the matter, produce a report and make any appropriate recommendations.
Does using the NHS Complaints Procedure stop me bringing a medical negligence claim?
Following the procedure does not prevent you bringing a claim if you believe you have been injured because of medical negligence. The purpose of the procedure is not to award compensation or to discipline those involved in your treatment.
You can investigate whether you have a medical negligence claim at the same time as going through the complaints process. Our specialist team of medical negligence solicitors can help you and assist with drafting the complaint and considering the response you receive.
We will also consider separately the circumstances of the treatment you are complaining about and advise you whether we consider you may have a claim to pursue. Sometimes, it is useful to see the response to a complaint to consider whether any claim is likely to be defended.
If we take your case for you, we will deal with it on a “no win, no fee” basis.
If you would like to discuss any concerns you have on a no obligation basis, you should not hesitate to contact our team on 01283 214231 or via email at legal@timms-law.com
For more information on the NHS complaints procedure, visit our website here.
