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

Unless you have had private treatment 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 should normally be made in writing and should include any specific questions that you would like answering. If you intend to take legal action and the Hospital / Doctor / Dentist are aware of this they can refuse to deal with your complaint.

Complaints should normally be made within six months of the treatment complained about. Some hospitals will look at a complaint after this time period but this cannot be guaranteed. It is worth considering making a complaint if you would like an explanation and an apology and to try and 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 on whether you may be able to bring a legal case.

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 your Doctor. The GMC can investigate clinical negligence matters and can remove a Doctor from the medical register.
Contact details for the GMC are
44 Hallam Street,
London
W1N 6AE.
Tel: 0171 580 7642.

United Kingdom Central Council of Nursing, Midwifery and Health Visiting (UKCC)
The UKCC is the statutory body dealing with complaints against nurses, midwives and health visitors. A brochure providing details of how to complain about a member of the UKCC is available from
23 Portland Place,
London
W1S.

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 from your local Community Health Council (CHC) who will take you through the NHS Complaints Procedure and who can arrange a meeting with your healthcare provider. Assistance can also be provided with obtaining access to your medical records. Your local CHC can be found in your local telephone Directory usually listed under “Health”.

Action for Victims of Medical Accidents (AVMA) are 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 1XB
Telephone 020 8291 2793.

The Patients Association is a campaigning body providing advice and assistance for individuals who wished to complain about their treatment under the NHS.
Their address is :
18 Victoria Park Square,
Bethnall Green,
London
E2 9PF.
Telephone : 0845 608 4455.

Keeping a record

If you are unhappy about your medical treatment it is a good idea to keep a record of what happens during your treatment and after your treatment. It is also a good idea to keep a record and receipts in relation to financial loss or additional financial expense if you are considering legal action.