Making a complaint
Before commencing legal action -
A protocol exists for the pursuit of clinical negligence claims the aim of which is to ensure that such claims are dealt with openly and cost effectively, with litigation as a last resort. The protocol encourages: -
- Early communication of perceived problems between health care provider and patient.
- Patients to raise concerns with any treatment as soon as practical.
- Health care providers to develop systems of early reporting and investigation of serious adverse outcomes from any treatment and to provide prompt and full explanations.
- Disclosure by all parties of sufficient information to enable the other to take an informed view in the hope of early resolution.
It is important, therefore, at an early stage to discuss dissatisfaction with the health care provider and various complaints procedures exist for that purpose.
NHS Complaints Procedure
You can make a complaint using the NHS Complaints Procedure. All NHS hospitals have a person who is responsible for handling complaints. General Practitioners and Dentists operate similar procedures.
Complaints can be made orally, in writing, or by email and should include any specific questions that you would like answering.
Complaints should normally be made within 12 months of the treatment complained about, or, if later, the date on which you first become aware that you had a complaint to make. This time limit can be extended in appropriate cases. It is worth considering making a complaint if you would like an explanation and an apology and to try to make sure that the same mistake is not made again.
Compensation is not available through the Complaints Procedure. If you wish to obtain compensation then you need to take advice from a specialist solicitor on whether you may be able to bring a legal case.
Private Healthcare Complaints
If you are unhappy about private healthcare treatment, you may: -
- speak to your treating Consultant
- make a complaint
Under ‘1’ above, you can arrange to speak with your Consultant to discuss your concerns with a view to receiving advice and an explanation.
Under ‘2’ above, a complaint should be sent to the organisation concerned (you can contact the hospital or clinic to ask for their complaints procedure). If the organisation is a member of the Independent Healthcare Advisory Service (IHAS), they are required to investigate the complaint and provide you with a response. This can provide: -
- an explanation for what happened
- an offer of an apology
- steps being taken to put matters right
Complaint to Professional Organization
You may be concerned that your healthcare provider has behaved unprofessionally and want to complain to their professional organization if they belong to one.
General Medical Council (GMC)
You can complain to the GMC about a Doctor. The GMC can investigate clinical negligence matters and can in an appropriate case remove a Doctor from the medical register.
Contact details for the GMC are:
St James’ Buildings
79 Oxford Street
Manchester
M1 6FQ
Telephone Number 0845 357 0022
Nursing and Midwifery Council
This statutory body deals with complaints against nurses and, midwives. A brochure providing details of how to complain is available from:
23 Portland Place
London
W1B 1PZ
Telephone 020 7637 7181.
Other professional bodies
Dentists, opticians and other healthcare practitioners have their own professional organizations to whom complaints can be addressed.
Assistance with making a complaint
You can obtain assistance with making a complaint about NHS treatment or care from your local Independent Complaints Advocacy Service (ICAS), in England, or the Community Health Council (CHC) in Wales. They can:-
1) give you information about who to complain to
2) explain the NHS Complaints Procedure
3) help with writing letters to the right people
4) come to meetings with you
5) put you in touch with other people who can help you
6) provide an interpreter if you need one
Assistance can also be provided with obtaining access to your medical records. Your local ICAS, or CHC can be found in your local telephone directory usually listed under “Health”.
The contact telephone number for ICAS in the North West is 0300 456 8350. Alternatively you can email icas@carersfederation.co.uk
Action against Medical Accidents (AvMA) is a registered charity who can provide support as well as medical information and advice in relation to a complaint/legal action. They can be contacted at:
44 High Street,
Croydon,
Surrey
CR0 1YB
Telephone 0845 123 2352
The Patients Association is a campaigning body providing advice and assistance for individuals with a view to improving healthcare services.
Their address is:
PO Box 935
Harrow
Middlesex
HA1 3YJ
Telephone: 020 8423 9111 or 0845 6084455
Email: helpline@patients-association.com
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