Some people don't wish to pursue a claim for medical negligence but instead would like an acknowledgement that they have been poorly treated and an apology.

The NHS Constitution gives you the right to complain and you should complain if:

• You have received poor service from a GP or hospital.

• If doctors or staff have been rude and shown a lack of courtesy.

• If you have been refused treatment or thrown out of a practice unfairly.

• You have encountered longer than expected waiting times for treatment.

• You believe a doctor or certain staff may be a danger to the public.

• You have suffered injury or harm as a result of negligence.

• Your condition / disease / injury has deteriorated due to a lack of care or skill.

• You have suffered "detriment" in some way because of poor care.

There are of course many other situations that you should make a complaint but the above are amongst the most common.

Know your rights

The NHS Complaints procedure has undergone a significant overhaul since 2009.

Patients now have more time to complain and the NHS is more accountable which is a step in the right direction:

You are entitled to:

• Have your complaint dealt with efficiently and it should be properly investigated.

• Hear the outcome of the complaint and investigation.

• Compensation if you have been harmed.

You can take your case to the Independent Parliamentary and Health Service  Ombudsman if you are not satisfied with the NHS handling of your complaint.

You can also make a claim for a Judicial Review if you think you have been affected by an unlawful act or decision by the NHS.

If you make a complaint within 12 months of the relevant event/poor service/advice then you have the right to have your case investigated, and be given a full and prompt response. The NHS Constitution explains your rights when it comes to making a complaint.

There are two key stages to the complaints process:

Ask your hospital or trust for a copy of its complaints procedure, which will explain how to proceed. Then the process will follow two stages.

Firstly you should refer the case in writing to the local medical professional or organisation management team. This is called local resolution, and most cases are resolved at this stage.

If you're still unhappy, you can refer the matter to the Health Ombudsman (Independent Parliamentary and Health Service Ombudsman) who is independent of the NHS and government. You can contact them directly on 0345 015 4033.

Who can complain?

A NHS complaint can be made by a patient or someone acting on behalf of the patient or person, with their consent.

 

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