In the overwhelming majority of cases, the NHS provides excellent care to patients, especially taking into account the finite resources within which it operates. However, sometimes things can go wrong.

Sometimes these adverse incidents or outcomes can be due to the nature of the treatment itself, namely a “recognised risk”, or sometimes it can be due to a mistake that has been made. At the time, a patient may not know the cause, and a doctor may not have talked them through what went wrong. 

If you have experienced harm due to a medical mistake or unexpected outcome, it may be worth making a complaint by following the NHS complaints procedure. By making a complaint, you could receive an acknowledgement of the harm you experienced, an apology, and also the reassurance that procedures have been changed or training given, so that similar mistakes will not be made in the future. 

The NHS complaints procedure is designed to deliver feedback and complaints that can improve services and prevent other people from facing a situation similar to yours. If you have already made a complaint, it can be very useful for the solicitors at JMW to review that letter and any response from the healthcare provider to get a clearer picture of what has happened.

Why Would I Make a Complaint?

When something goes wrong with NHS treatment, it can be helpful to make a complaint - not only to prompt an investigation into your own treatment, but to enable NHS services to improve and avoid making similar mistakes in the future.

Making a complaint may result in your local hospital or care provider admitting that you received poor care, and could lead to the release of evidence and information that might otherwise not have been made available. When you complain through the NHS complaints procedure, you are entitled to a written response and if your complaint is upheld, the healthcare provider may implement changes in policy or procedure to ensure that lessons are learned. 

NHS complaints can be made for a variety of reasons, including: 

• Communication errors that led to the wrong treatment
• Medical staff dismissing your concerns 
• Delayed treatment 
• Administrative errors such as appointments not being sent out 
• The wrong medication being prescribed 
• Other failures that have caused harm 

Any concerns about NHS healthcare, mental health services, local hospital care, district nursing or other, specialised services should be reported to the NHS, whether through a formal complaint or by notifying the relevant care provider informally in the first instance.

What Should I Do Before Contacting the NHS Complaints Service?

All complaints to the NHS should be made in accordance with the NHS complaints procedure. Ideally, they should be lodged within six months of the incident occurring, or six months from the date you became aware of the circumstances. However, healthcare providers and NHS trusts will frequently still deal with the complaint, even if it is outside that time. 

Before making a complaint, it is best to think about what you want to achieve and what you would like to happen in response to your concerns. You should also be very clear about your complaint, meaning it could be a good idea to make a list of all the points you want to cover before writing your complaint letter.

You can complain about any aspect of the treatment or care you or your loved one received by: 

• NHS staff and services 
• NHS staff, or facilities in an NHS hospital’s private wing
• NHS services received in a private hospital

It is vital to include as much helpful information as possible, so try to remember details like the dates and times of your treatment, the names of any doctors, nurses or other staff members you can remember, and any communication you had with the relevant parties regarding your treatment.

You may obtain help by contacting the Patient Advice and Liaison Service (PALS), a service provided by NHS England that offers confidential advice, support and information to patients, carers and families, or alternatively the independent statutory body Healthwatch. Both organisations are there to help resolve concerns or complaints and to assist in making contact with the relevant complaints team.  

What Does the NHS Complaints Procedure Involve?

The procedure is made up of a number of separate stages, which begin with you writing up a detailed complaint and submitting it to the relevant complaints team:

• Complaining about a GP surgery: this will usually be escalated automatically to the relevant NHS trust by the team there, unless the matter can be resolved by the GP practice directly.
• Complaining against a hospital: you should initially contact the hospital directly. Most hospitals encourage patients to talk to them if there have been any problems, and in many hospitals, trained staff are available to deal with NHS complaints.

The hospital's complaints team can determine the best way to respond and whether or not it is necessary to escalate your complaint. Some issues can be resolved quickly, but if you are unsatisfied with the response you receive, you can follow the steps described below.

The complaints procedure unfolds as follows:

1. Submission of a personal complaint 
2. Reply and satisfactory resolution from the local surgery or trust 
3. Complaint to the Parliamentary and Health Service Ombudsman 

When you have submitted your complaint, you should receive an acknowledgement within three working days. From there, you should expect a written response and, where needed, an offer to discuss how the complaint will be handled and the likely timescales.

There is no fixed time limit for completing investigations, but it should be timely and proportionate. You may be invited to a meeting, and if so, you should request that formal minutes of the meeting be prepared and circulated afterwards.  

If you are not satisfied with the response you receive at the second stage or believe the complaint has not been resolved, you can continue on to the next stage of the process. The procedure can continue further until a resolution has been found.

Do I Have Other Options for Making a Complaint?

In addition to making a personal complaint, it is possible to write to the hospital’s chief executive. Following receipt of a complaint, most hospitals will send an acknowledgement and will usually provide a full written explanation within a month, as well as an offer to discuss the problem further where appropriate - a process known as local resolution. 

In the event that you are not happy with the initial explanation or any subsequent requests for consideration, the matter can be considered by an independent review panel, which will produce a report on the investigation and make recommendations.

As noted above, you can escalate a complaint to the Parliamentary and Health Service Ombudsman, which can investigate unresolved complaints about poor service, failure to answer the complaint properly, or serious failings in care. However, you must complete the local complaints procedure first by writing to the relevant NHS service provider.

The Parliamentary and Health Service Ombudsman is independent of the NHS and has legal powers to investigate and make recommendations, including apologies, service changes or financial redress. It is important to note that the financial redress provided by the Ombudsman is not the same as legal compensation, although you may also be entitled to claim compensation depending on the nature of the service you received.

Can I Bring Court Proceedings Against the NHS?

If you are still not satisfied after making your complaint against the NHS and would like to seek specialist legal assistance to pursue a medical negligence claim, the team at JMW is here to help. 

You should note that the complaints process will not result in disciplinary action against clinicians and medical practitioners, or indeed compensation. In cases where you have the right to compensation, it is important to contact a solicitor to ensure you obtain the appropriate guidance and redress. 

Making a complaint to the NHS does not stop you from bringing a compensation claim, and in fact can support your claim. As such, if you believe that you have suffered an injury, or an existing condition has worsened, due to a specific failure on the part of the NHS, you may have the right to make a claim.

Contact JMW and our experienced medical negligence experts will listen to the individual details of your case and determine whether or not you have a viable claim. From there, we can pursue a claim to obtain compensation that will support your recovery and your future needs, including covering the costs of any corrective treatment or medication you need.

Our lawyers specialise in clinical negligence compensation claims and we take most cases on a no win, no fee basis, meaning there is no financial risk to you in bringing the claim. Legal aid (public funding) is also still available for children who have suffered neurological injury (brain damage, including cerebral palsy)  due to medical negligence at or around the time of birth and in the first few weeks of life.