The NHS aims to provide the safest possible care to patients. However, there are times when things go wrong, and it may be worth using the NHS complaints procedure at the same time as asking special medical negligence lawyers to investigate your treatment. 

At JMW, we can offer expert advice on the best way to go about making an NHS complaint, including writing a complaints letter. Find out more about how to progress your complaint by calling us on 0345 872 6666, or allow us to contact you by completing our online enquiry form. 

Why Would I Make a Complaint?

When something goes wrong with NHS treatment, a complaint may result in an admission of poor care, or may lead to the release of evidence and information that might otherwise not have been made available. If you want to make a complaint against a hospital, you should initially contact the hospital directly. 

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 

How Do I Make an NHS Complaint?

All complaints to the NHS are made through the NHS Complaints Procedure and should be lodged within six months of the incident occurring, or six months from the date you became aware that there were reasonable grounds to complain. In some circumstances, these time limits can be waived, but there needs to be a good reason. 

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 relevant points before writing a complaints letter. 

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

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

The procedure is made up of a number of separate stages: 

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 

If the complaint is not resolved at the second stage, the procedure will continue to stage three until a resolution has been found. 

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 the NHS complaints procedure 24 hours a day. 

In addition to making a personal complaint, it is possible to write to the hospital’s chief executive, whose address will be available upon enquiry. 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 offer to discuss the problem further where appropriate - a process known as local resolution. 

In the event that a patient is 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.

Can I Sue 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. 

All NHS complaints are dealt with by the NHS Patient Advice and Liaison Service (PALS), PALS is not responsible for disciplining or dismissing medical practitioners for negligence, or for awarding compensation. 

Making a complaint to the NHS does not stop you from bringing a compensation claim, but 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 cause to make a claim. 

By contacting JMW, our experienced medical negligence experts will listen to the details of your case and determine whether or not you have a viable case. 

Our lawyers specialise in clinical negligence compensation claims and we take most cases on a no win, no fee basis, meaning there is no risk to the person bringing the claim. Legal aid is also available for children who have suffered brain damage due to medical negligence in the womb, during birth and in the first few weeks of life.