How to Complain about Medical Care
Experiencing substandard medical treatment can make you feel powerless, which is why understanding how to complain about medical negligence is so important for patients and their families. Whether you want an apology from your healthcare provider or make an example of your experience to improve standards for future patients, submitting a complaint about your medical care is the most effective way to prevent your experience from being swept under the carpet.
In this article, we will explain how to complain about medical negligence in different healthcare environments, directing you towards the appropriate channels and offering advice on what to do should your complaint fail to achieve the desired result.
How to Complain about Medical Negligence
The complaint process varies slightly depending on where you are in the country and which healthcare provider you are filing your complaint against. This guide has been created to provide general advice on how to write, submit and escalate medical negligence complaints.
For more information about how to complain about medical care in a specific healthcare setting, please refer to the following resources:
How to Make a Formal Medical Complaint
Whether you want to write a letter of complaint to your healthcare provider or complain about your medical negligence over the phone, it is important to include key pieces of information about treatment. We recommend that you draft your complaint beforehand to ensure it contains the following details:
● The healthcare provider or clinical team you are making a complaint about.
● The medical negligence you experienced, and when it took place.
● How do you expect your complaint to be resolved, which could just be an apology or an answer to your questions?
● Your preferred contact details for receiving their response and updates on your complaint investigation.
When you are drafting your complaint, focus on getting down the details in your own words rather than worrying about using the correct medical terminology. Before you submit your complaint, one of our specialist solicitors can review it and suggest any additional questions you may have missed, while providing more information about guidelines and policies from the care provider.
Time Limits for Medical Complaints
Patients and their families typically have 12 months to complain from when the alleged negligent incident occurred or when it came to their attention. Under special circumstances, your healthcare provider may still consider your complaint after the 12 months have elapsed, so urge you not to be dissuaded from complaining about your medical care because this time limit has passed.
That being said, wherever possible, we recommend that you make your complaint within 6 months of the incident to ensure everybody involved can clearly remember what happened. It is important to remember that most organisations will have their own policies on timeframes for considering a complaint, so submitting your complaint as early as possible is in your best interest.
Patient Rights When Complaining about NHS Treatment
When you are making a complaint about your NHS treatment, you have certain rights as a patient that must be respected by your Hospital Trust. In addition to being transparent about any information that arises during your investigation, any NHS workers involved in your complaint must observe the following rules.
- Your medical complaint must be investigated and dealt with properly, and you must be told the result of it.
- You can take your complaint further to the Parliamentary and Health Service Ombudsman if you are unsatisfied with the response.
- You can request a Judicial Review if an unlawful approach has directly impacted you.
- You can pursue a case for compensation if you have suffered an injury as a consequence of negligent treatment.
While many complaints about NHS treatment are resolved at an early stage, you may wish to consult a third party if you feel uncomfortable discussing matters with someone involved in your treatment, or you want legal advice regarding your medical negligence.
How to Escalate Complaints about NHS Treatment
If you are dissatisfied with the outcome of your medical complaint, you may wish to escalate it to the regulatory body responsible for your healthcare provider. Here is an overview of some of the organisations that may be able to help you:
The Care Quality Commission (CQC) is the health and social care regulator for England. If you are unhappy with the response to the complaint you made directly to your healthcare provider, you can take your complaint to the CQC, and they will conduct their own investigation into the matter.
If the response to your complaint about your medical care did not satisfy your demands or failed to resolve the matter, you can contact the Parliamentary and Health Service Ombudsman (PHSO) to launch an independent investigation into your treatment. It is important to note that the PHSO is only authorised to handle specific complaints, and you must have obtained a final response from your healthcare provider before the Ombudsman can investigate your problem.
For more information about escalating your complaint to the PHSO, or to download their complaints form, you can find the relevant details on their website.
The General Medical Council (GMC) is an independent regulator that investigates complaints made about NHS and private doctors practising in the UK. While the GMC cannot award compensation to affected patients, it can take action ranging from a warning letter to restricting or removing the doctor’s right to practice medicine in the most serious cases.
In the first instance, you should raise a concern using their online form.
Additional Support with Medical Negligence Complaints
There are numerous charities and organisations around the country that offer additional support with medical negligence complaints and provide access to independent advocacy services. These include:
- Cloverleaf Advocacy Service - This independent charity offers free and confidential advocacy to affected patients and their families.
- VoiceAbility - This organisation provides independent support for disabled adults and family carers.
- Mind - This charity is dedicated to improving the lives of people with mental health problems.
- Age UK - This national charity aims to create a world where every older person feels included and valued.
- The Advocacy People - This independent charity provides free and confidential advocacy for anyone impacted by negligent medical care.
- Advocacy First - This independent charity similarly supports affected patients and family members with free and confidential advocacy.
- Sandwell Advocacy - This community-based organisation provides high-quality advocacy support.
- POhWER - This independent organisation provides free and confidential advocacy for patients and families in need.
- OPAALUK - This charity specifically offers independent advocacy services for elderly people and those who support them
How are Medical Complaints Different from Medical Claims?
Before you complain about your medical care, you should first be aware of the difference between a complaint and a claim:
- Bringing a complaint: You can complain about medical treatment without having suffered an injury during your care.
- Making a medical negligence claim: You need evidence that you have been injured due to negligence to bring a medical negligence claim.
Unlike complaints, the time limit for medical negligence claims is three years from the date of the occurrence, or from the date you realised that your treatment was potentially negligent.
Complain about Medical Care with Medical Solicitors
At Medical Solicitors, our team of specialist solicitors has supported numerous clients with medical negligence complaints and claims, delivering the desired outcomes and securing substantial payouts for our claimants. Whether you were physically, mentally or emotionally injured during your treatment, or you feel that the care you received fell below the expected standard, we are here to guide you through our process and provide ‘No Win, No Fee’ legal advice on all things relating to your medical negligence case.
To schedule a chat with one of our medico-legal experts, or for more information about anything mentioned in this article, please contact us today for medical negligence support tailored to you.
