NHS Complaint or Medical Compensation Claim?
Learn more about what circumstances may warrant a complaint or alternatively a no win no fee medical compensation claim. We will advise you how to make your complaint and what you should expect from the complaints process.
You should make a NHS Negligence claim if:
- You have suffered injury or harm as a result of negligence.
- Your condition / disease / injury has deteriorated due to a lack of care or skill.
- You have suffered "detriment" in some way because of poor care.
Patients now have more time to complain and the NHS has more accountability which is a step in the right direction:
- You are entitled to have your complaint dealt with efficiently and it should be properly investigated.
- You are entitled to hear the outcome of the complaint and investigation.
- You may be entitled to compensation if you have been harmed.
You can take your case to the Independent Parliamentary and Health Service Ombudsman if you are not satisfied with the NHS handling of your complaint.
You can make a claim for a Judicial Review if you think you have been affected by an unlawful act or decision by the NHS.
More about the new NHS Complaints Procedures introduced in April 2009.
If you make a complaint within 12 months of the relevant event/poor service/advice then you have the right to have your case investigated, and be given a full and prompt response. The NHS Constitution explains your rights when it comes to making a complaint.
There are two key stages to the complaints process:
Ask your hospital or trust for a copy of its complaints procedure, which will explain how to proceed. Then the process will follow two stages.
- Firstly you should refer the case in writing to the local medical professional or organisation management team. This is called local resolution, and most cases are resolved at this stage.
- If you're still unhappy, you can refer the matter to the Health Ombudsman (Independent Parliamentary and Health Service Ombudsman) who is independent of the NHS and government. You can contact them directly on 0345 015 4033.
Who can complain?
A NHS complaint can be made by a patient or someone acting on behalf of the patient or person, with their consent.
Call our specialists on 0808 115 1421 for free informal advice on the merits of your case. We'll then discuss how any NHS Negligence claim should proceed and your funding options.