YDAS

If you receive treatment from the NHS which you are not happy with, you have the right to bring a formal complaint and have your complaint investigated. A link to the NHS complaints procedure can be discovered here: http://www.nhs.uk/choiceintheNHS/Rightsandpledges/complaints/Pages/NHScomplaints.aspx

The NHS Constitution gives rights to:

Have your complaint dealt with efficiently and investigated correctly
Know the outcome of any investigation into the complaint
Take your complaint to the Independent Parliamentary and Health Service Ombudsman if you are not happy with how your complaint is dealt with
Make a claim for judicial review if you believe you have been directly affected by an act or choice of the NHS or
Receive compensation if you have suffered an injury caused by negligence.

Before making a complaint, it is essential to take into account what you want to achieve from the complaint. The complaints procedure can supply an explanation of what has happened, an apology or statement of regret, or a review of procedures to steer clear of similar incidents from happening in the future. The complaints process can not provide financial compensation (except for quite modest payments) and can’t address issues of staff discipline.

If you are seeking financial compensation then a far more helpful route is to submit a formal letter of complaint to aid establish the facts, and instruct a clinical negligence solicitor to pursue a claim for you. A claim for compensation can now be run at the same time as a complaint.

Likewise, if your concern entails issues of staff discipline, you really should think about making a complaint to the Nursing and Midwifery Council, or General Medical Council.

If you determine that you wish to pursue a complaint, you should do so as soon as feasible after the event in question. There is a 12 month time limit however this can be extended in particular circumstances.

The 1st stage of a formal complaint is known as Local Resolution. It is often much better to put the complaint in writing so that there is a record of it. You need to put your complaint in writing to the Chief Executive of the hospital concerned. Your complaint should consist of details about what you are complaining about, where and when the event in question occurred, what steps have been taken already in relation to the complaint and the result you are seeking.

There are people who can assist with a complaint. Officers from the Patient Guidance and Liaison Service (PALS) are available in every single hospital. They can supply totally free support and advice. The Independent Complaints Advocacy Service (ICAS) also provide a similar service. AvMA (Action against Medical Accidents) can also provide advice for those involved in medical negligence claims. In addition, if you have contacted a solicitor, they will usually be able to present some guidance when it comes to submitting the complaint.

Once the complaint is received, the healthcare provider should acknowledge your letter within 3 working days of receipt. They should supply you the chance to discuss the complaint, advise you how the complaint will be investigated and give an indication of the timescales concerned. Even though there is no formal time limit for a response to be provided, if an unreasonable quantity of time is taken, you can appeal to the Ombudsman. Once the local investigation is concluded you should receive a formal written response, which really should include details of what to do next if you are still unsatisfied. You might also be invited to attend a meeting at the hospital.

If you are still unhappy with the response, you can request an Independent Review by the Health Service Ombudsman. Alternatively, if you determine that you would rather pursue a claim for compensation, you should contact a clinical negligence solicitor.

The Ombudsman will present an independent review of your complaint. If the complaint is found to be justified, the Ombudsman will seek an apology or other remedy on your behalf. This can consist of a request for compensation (though if the amount sought is huge, or liability is denied by the hospital, you need to contact a clinical negligence solicitor), or a review of procedures within the hospital.