If you are dissatisfied with the treatment that you or a family member has received from the NHS, you may wish to make a formal complaint before considering any legal action. The NHS Complaints Procedure applies to all NHS hospitals (and private hospitals if the care was under the NHS), Primary Care Trusts and any services provided for the NHS by GPs, Dentists, Opticians or Pharmacists.
The NHS Complaints Procedure is unlikely to achieve a substantial (if any) amount of compensation, but it can offer an explanation of what has happened to you, an apology and information about any changes to procedures to ensure such incidents do not occur again. Following the complaints procedure may also assist your solicitor if you are to proceed further with a potential claim.
Your complaint should be made as soon as possible but no later than 12 months after the event in question (or the date that you were first made aware of the issue). Whilst NHS organisations do have some discretion to consider a complaint made outside these time limits, this is not something to be relied upon.
Your complaint should be made in writing and addressed to the Chief Executive or Complaints Manager of the healthcare provider. You should include a chronology of events, the reason why you are complaining, any questions you have regarding your care and what result you want from the complaint – e.g. an apology, a review of the processes in place, etc
The healthcare provider must acknowledge your complaint within 3 working days. At this point they should offer you the opportunity to discuss your complaint with someone and advise you of the time frame within which you are likely to receive a formal response. If at any point there is likely to be a delay in providing your response, the healthcare provider should notify you in writing of the reason and the new time frame. Whilst there is no formal time limit for the NHS to investigate and respond to your complaint, the whole process should be discussed and agreed with you including any extensions. At the end of the investigation you should receive a formal written response.
If you are not satisfied with the response to your complaint, you can continue to try to resolve the complaint locally with the healthcare provider or you can request an Independent Review by the Health Service Ombudsman. You should make a request for an Independent Review within 12 months of receiving the care provider’s final written response to your complaint.
If you are still dissatisfied with the response to your complaint, please contact Grayston’s solicitors on 0151 645 0055 to see if we can assist you further.
Are you in a position worse than you were before due to incorrect medical treatment or surgery? Perhaps you have been misdiagnosed or suffered with a delay in treatment impacting your health? Do you have a niggling feeling that you would not have been suffering as much but for this treatment?
We will need to prove that any injury that you have suffered is over and above what you would have suffered in any event. However everybody has a legal right for such a claim to be investigated, should there be merit.
Graystons are specialists in Medical Negligence and deal with no other type of work. Contact Graystons Solicitors today so that we can have a free no obligation chat about what you have been through and to see if we can help you.
We may be able to act for you on a No Win No Fee Agreement (Conditional Fee Agreement), and possibly get you some answers to questions that your medical treatment has left you with.
As reported by BBC News, it is thought that at least 8 women have suffered unnecessary harm following major surgical procedures (such as a hysterectomy) performed by a gynaecologist at Royal Derby Hospital. Specifics of the harm have not yet been provided but BBC News reports that one woman was left in agony following treatment. She is among 136 women who have been contacted by the Trust and whose care is being reviewed after the trust found that the rate of “serious complications” suffered by the women treated by this gynaecologist was higher than would ordinarily be expected.
Dr Magnus Harrison of the Trust has expressed his regret that patients had not received care of the standard they were entitled to expect. NHS England has been asked to conduct an investigation into the consultant’s work, it is hoped that this will conclude after the Covid-19 pandemic.
If you or a loved one have suffered harm because of suspected clinical negligence, one of our specialist clinical negligence solicitors would be happy to speak with you and advise you on your options, including a formal complaint and a legal claim. There is no initial charge for discussing this with us and we will talk you through your options, including how to fund a case and the possibility of a no win no fee arrangement (conditional fee agreement or CFA)”
Distraught parents of a baby who died after suffering brain damage during his breech birth are left with unanswered questions about their son’s care. Baby Albert died as a result of hypoxic-ischemia brain injuries sustained during or slightly before his unplanned emergency breech birth at home in June 2018. An inquest heard evidence from the family regarding their concerns over the decision making by the medics and midwives at Queen Alexandra Hospital in Portsmouth.
At Graystons we are experienced in supporting families through the inquest process and in obtaining answers about their loved ones’ medical care. We can also advise you about the complaints procedure and any potential claim that arises, along with possible funding of that claim, either via legal aid, which may be available, or through a No Win No Fee Agreement. Please contact one of our specialist solicitors for a no obligation, free consultation for further information 0151 645 0055.
The top cause of clinical negligence claims against the NHS is mistakes in the accident and emergency departments. In particular delays, misdiagnosis and poor treatment have become more common than in the past, overtaking orthopaedic claims. In 2017/2018 NHSR, the litigation claim handlers for the NHS, reported a 7% rise on the previous year. Rachel Power, chief executive of the Patient’s Association said ‘This reflects the crisis conditions that patients are now suffering in A&E all year round, not just in winter. These arise directly from the long-term under funding of the NHS and failures in workforce planning.’
Graystons Solicitors recognises this problem. Sadly the rise in negligence claims is very worrying as patients are suffering unnecessary harm which can have life changing consequences. Often the claims can relate to vulnerable patients as opportunities to treat the patients are missed. We welcome a review of the problem of A&E claims announced by the NHSR as we believe the safety of patients should be paramount.