The pandemic has obviously put enormous strain on our health service, creating backlogs in patient services. The hard work of the NHS means that frontline staff are working hard to prioritise care and clear this backlog.
That said, if you are concerned about your care or you don’t understand why your care has been disrupted, don’t suffer in silence. You should raise your concerns with your healthcare provider – be it a hospital, GP, dentist, optician or pharmacist.
Know where you stand with making a medical complaint
You can do this informally, especially if you need urgent action taking. Most organisations have a Patient Advice and Liaison Service (PALS) who can take action on your behalf. Ask at the organisation for details or phone 111.
How to make a medical complaint
If you wish to make a formal complaint, you should write to the organisation setting out what you are complaining about. It’s helpful to have a timeline of events, to identify staff involved and to outline your questions. After making your complaint, you should receive an acknowledgement and an indication of how long it will take to investigate. It’s important to note that the complaint will take longer to be processed, due to the pandemic.
There is a time limit of 12 months to bring a complaint, either from the date of the incident in question, or from the date when you became aware of the incident. However, it is always best to make a complaint as soon as possible, when events are still fresh in your memory and in the memory of those who were involved in your care.
Why complaining matters
The NHS has a duty of candour where you have suffered or may suffer significant harm as a result of errors in your care. In any event, you should receive an explanation as to what happened, and full and frank answers to your questions. If applicable, there should be an apology and/or clarity on what measures have been taken to ensure that what happened to you won’t happen to other patients. This may not take place if you don’t complain.
If you’re not happy with how your complaint is dealt with, you can contact the Parliamentary and Health Service Ombudsman (PHSO). There’s a time limit of 12 months to bring a complaint.
See their website www.ombudsman.org.uk for more information, or phone them on 0345 015 4033.
Who can complain?
You can complain as the patient, but you can also ask a family member or a friend to complain on your behalf with your consent.
Help with a complaint
There is also a free independent service who can assist and support you: Healthwatch Wirral. They can be contacted on 0151 230 8957, or via their website: www.healthwatchwirral.co.uk.
How to make a medical claim
There is a 3 year time limit for bringing a medical claim: from the date of the incident in question, or from when you realised you may have received negligent care (e.g. if you were misdiagnosed and later informed of this – time would normally run from the date you became aware of the misdiagnosis).
It takes several months to investigate a claim and therefore you should contact a medical negligence solicitor no later than 12 months before the time is due to run out. For those aged under 18, this time limit runs from their 18th birthday or the time limit does not apply if someone lacks mental capacity.
You can also make a complaint at the same time as consulting a solicitor over making a compensation claim. It’s important to know that compensation would only be applicable if you believe you have suffered harm as a result of negligent care.
The pandemic has made the job of the NHS very difficult and we will consider each case on its own merits. We will listen sympathetically to your concerns in complete confidence and will not pressure you, but provide you with information so that you can make a properly informed decision as to what action if any you wish to take.
Make an enquiry with our medical negligence solicitors today to find out where you stand and how we can help resolve your issue so that you can move on from this experience.