Making a complainant

If you have received sub-standard treatment from a National Health Service health care provider then there are procedures enabling you to complain instead of taking legal action. 

You may wish to make a complainant for example if you have no intention of taking legal proceedings or if you have suffered no injury or very little injury as a result of the clinical error. 

A complaint against a family doctor or against a dental practitioner or optician or chemist should be made to the Family Health Services Authority. Details of the FHSA can be found in your local telephone directory. There are time limits and your complaint should be received by the FHSA within 13 weeks of the event but if the complaint is about a dental surgeon then the time limit is 6 months from the end of the treatment or 13 weeks from when you became aware of the matter that is the subject of your complaint (whichever is the sooner)

If your complaint is about a hospital then there is a hospital complaints procedure. This scheme is only designed for “Clinical” complaints i.e. about the standard of clinical care which you have received. 

The complaint ought to be made within 3 months of the event giving rise to your dissatisfaction and may be dealt with informally or may result in a review by 2 independent consultants. 

The intention is for the complaint to be dealt with in 3 months at most. There are however some shortcomings. In particular, the doctor concerning is not obliged to co-operate and you may not be represented by a solicitor. 

However we would strongly advise you to take legal advice before attending a hearing

You are also not entitled to be shown the report of the independent experts and cannot take any action to force the hospital to comply with any recommendations made by the independent consultants. You may be asked to confirm at some stage during this complaints procedure that you are not intending to take legal action to claim compensation, please take legal advice from one of the panel solicitors on this point by submitting an enquiry.