The hospital investigation/complaint process following treatment at hospital can be very distressing and upsetting. It is especially so following the death of a loved one.

This month the Care Quality Commission (CQC) made an announcement that they are currently investigating whether University Hospitals Bristol NHS Foundation Trust is meeting its responsibilities to patients. The Trust has also launched an investigation into the claims that staff at the hospital made attempts to cover up the death of an eight week old boy.

This comes in the wake of the death of Ben Condon, who died of sepsis in April 2015. His parents were effectively told he had a ‘common cold’ and antibiotics were not prescribed until an hour before he passed away. Ben was suffering an undiagnosed bacterial infection which triggered sepsis.

During a meeting with the hospital, Ben’s parents left a phone recording of the meeting while they left the room, this device then recorded staff admitting that Ben should have been given medication earlier and them discussing deleting the conversation.

In August 2017, Ben’s dad was questioned regarding allegations of harassment for passing out leaflets regarding what he saw as a cover up about Ben’s treatment. In October the same year, the Trust apologised for the failings in Ben’s care.

This case is a prime example of how the investigation process can feel adversarial and isolating to families during such a difficult time.

Zoe Simpson, Chartered Legal Executive specialising in Medical Negligence at Jackson Lees describes her experience of the complaints procedure:

During my time at Jackson Lees, I have assisted people through the complaint process. The most common issue that arises is lack of communication during the process and those involved feel that they are not being listened to. Another issue that arises is points raised can be overlooked or the answers to these points can be vague.

If you are going through this process, my advice would be to make use of the Patient Advice and Liaison Service (PALS) as they help to bridge this gap. I would also advise making a written note of the events leading up to the investigation and/or complaint straight away, as this will be a helpful tool to recall the events later down the line.

If you have any meetings with the healthcare provider, I would recommend recording the meetings and also taking someone with you who can help to make sure you are not overwhelmed.  There are usually a number of representatives for the hospital in attendance. You will find details of how to complain via posters or leaflets or on the healthcare provider’s website.

The medical negligence claims process can also help to provide you with the answers you need as well as compensation to help put your life back on track.  Our own investigations are thorough and independent of the healthcare provider as we obtain independent medical expert opinion.   In addition to the intended aims of the complaints process, the NHS has pledged to learn from mistakes where claims for compensation are brought in order to improve patient safety.  If you are going through this process and would like some guidance please contact our experienced team.

For a free consultation with one of our specialist advisers, call us on 0800 387 927, request a callback at your convenience or message us your enquiry. You can also drop into the clinic at our Birkenhead office Monday to Friday, 9am to 5pm.