Poor quality treatment from NHS services can lead to serious harm. Errors by medical professionals can lead to consequences like allergic reactions to the wrong medication, surgery conducted on the wrong body part, or illnesses getting worse because they have not been treated properly. At the end of your treatment, you may wonder whether it would be worthwhile to make a complaint to the NHS service in question about your care.

Some people believe that the NHS complaints procedure will be arduous, especially at a time when they are in recovery. In the worst scenarios, patients may be left with a permanent condition or disability and need to adjust to new circumstances following negligent treatment. However, there are many good reasons to make a complaint in the wake of poor treatment or medical mistakes, and the complaints procedure does not have to be complicated or difficult.

Here, we explain how to make a complaint about GP or hospital care, the positive outcomes that can result from a complaint, and the scenarios in which you may be able to take legal action.

How to Make a Complaint

Making a complaint against the NHS allows patients to raise concerns about medical treatment, administrative errors, or other aspects of NHS care. Depending on the nature of the issue and the outcome you are seeking, the process may be slightly different. For example, some concerns can be resolved quickly by speaking directly with your NHS provider or their representative. A hospital may have a Patient Advice and Liaison Service and a GP surgery will have a practice manager to whom you can speak about any immediate concerns. This is particularly valuable for administrative concerns regarding scheduling appointments, policies or other areas not directly related to treatment.

If the issue cannot be resolved in this way, you should submit a written complaint to the NHS organisation responsible for the care, whether that was a hospital, GP surgery, dental practice, or other NHS care provider.

Include your full name, contact details and NHS number, if you know it. Your complaint should describe the issue in as much detail as possible, including dates, locations, and the names of any staff members involved. Outline how the issue has affected you and explain what outcome you are seeking - this could be a written response such as an apology, a service improvement or another outcome.

The NHS must acknowledge the complaint within three working days, and will usually begin an investigation at this stage. Most hospitals and practices have their own complaints procedure and complaints team, so the time it takes to receive a full written response depends on this process and on the complexity of the case.

The response should explain findings and any actions being taken as a result. If you are unsatisfied with the response, the next step will be to escalate the complaint to the Parliamentary and Health Service Ombudsman (PHSO). The PHSO is independent of the NHS and reviews complaints about service failures. There is also the option to raise further concerns with the Care Quality Commission (CQC), which can investigate regulatory breaches in healthcare standards, and the General Medical Council or Nursing and Midwifery Council, which can investigate individual clinicians if serious misconduct is suspected.

Finally, you may be able to make a complaint to your local integrated care board (ICB), which controls the funding for urgent care, secondary care and primary care services in your area. ICBs may handle complaints about NHS-funded services, particularly where the complaint relates to commissioning decisions, and use their oversight role to improve service delivery when issues are raised.

What Are the Benefits of a Complaint?

When you make a complaint, there are several different outcomes that may arise. Complaining about NHS healthcare or a particular service provider gives them an opportunity to improve, learn lessons and avoid making similar mistakes in the future. Even if you do not want to blame a medical professional for their mistakes, it is important to remember that there may be systemic problems that led to you receiving negligent care, and that these could be addressed and prevented as a direct result of your complaint.

Complaining to a healthcare provider can result in all of the following:

Accountability

A formal complaint can prompt an investigation and lead to a clearer understanding of what went wrong. This is an opportunity for the service provider in question to identify any issues with systems or oversight that pose a risk to patient health, wellbeing and safety. The NHS must provide a response explaining the treatment received and, if applicable, any mistakes made, which means the organisation taking responsibility for the treatment it provided. This documentation can demonstrate a pattern of concerns, systemic failures or repeated issues within a particular department or hospital.

The NHS must learn from complaints and take action where necessary, which can prevent similar injuries or illnesses from happening to other patients in the future.

Another benefit of this is that complaints can contribute to wider awareness of patient safety concerns, which may not be unique to a particular service, GP practice or local hospital. Organisations such as the PHSO and CQC may take regulatory action based on complaint patterns, or investigate individual failings, which can remove dangerous doctors or surgeons from their positions and further protect patient safety in the future. As such, NHS complaints can lead to broader improvements in procedures, policies, or training at all levels to prevent similar incidents from happening again.

An apology

The NHS complaints process may result in an apology, which can be important for some patients in addressing emotional distress. If the results of medical negligence are severe or cause long-term harm, patients can have a serious emotional reaction that affects their mental health alongside the physical impact of their injuries. To address these impacts on mental health, service providers may offer access to treatment, but it can be equally important for those responsible to acknowledge and apologise for their actions. 

In some cases, corrective surgery or treatment may be offered if an error is acknowledged, which can help to support your recovery. If you have experienced medical negligence, there is also the possibility of claiming compensation, which can cover the costs of any further treatment you need to address the harm you suffered.

Legal action

A complaint creates a formal record of the incident, which can support your case if you later decide to take legal action. If you receive a response from an NHS healthcare provider acknowledging a mistake in your care following an investigation, this can also support your right to make a compensation claim. Making a claim is a separate legal process, and you should contact a solicitor at your earliest opportunity to learn more about what this involves and whether you are entitled to claim.

A claim will be supported by documents and evidence such as your medical records, any communications with NHS service providers during the complaints procedure, and the results of an independent review of your care commissioned by your solicitor. Making a complaint is the first step towards this process. If NHS staff involved in your care made errors that are highlighted in the organisation's investigation, or there is an admission of fault in the formal response to your complaint, this could be a vital piece of evidence during legal proceedings.

You must have experienced harm to make a clinical negligence compensation claim, and it is not always easy to understand whether you can claim or what the process involves. The best way to learn more is to speak to a solicitor about your circumstances.

What Are Your Next Steps?

Once you have made your complaint and received a response, there are a few further steps you may consider taking. As we have noted above, you have the option to escalate your concerns to the CQC or the PHSO, and potentially to a local authority like your local council, all of which can deliver practical changes in the way that services are delivered.

The other option is to pursue compensation. This can make a significant difference to your health and wellbeing in the wake of NHS negligence that caused you harm. Compensation can cover the costs of corrective surgery, and pay you back for time you took away from work during your recovery, or the money you spent travelling to medical appointments. If you are left with a permanent condition or disability as a result, compensation can factor in your ongoing treatment needs, and the costs of any adaptations to your home or vehicle to accommodate your needs.

There are time limits that apply to medical negligence compensation claims, so you should contact a solicitor at your earliest opportunity. At JMW, our experts have supported many people in similar positions to yours and we know how to build a strong case. We will take on as much of the work as possible, to enable you to focus more on your recovery and the things that are important in your life.

Call JMW today on 0345 872 6666 or use our online enquiry form to request a call back at your convenience.