When is it appropriate to make a complaint about the treatment you have received in hospital, rather than bringing a legal action?
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It can be difficult for dissatisfied patients to decide whether they should be making a hospital complaint, or contemplating legal action. In this article we look at the complaints processes, before going on to consider whether this is likely to be the right path for you.
What do hospital patients complain about?
Patients are entitled to make a complaint where they are dissatisfied with the standard of medical care they have received while in hospital.
Complaints tend to be very wide-ranging, and include issues such as:
- delays
- incorrect treatment or diagnosis
- failure to communicate
- cancelled operations and procedures
- lack of personal care
- mistakes in medication
- poor hygiene or cleanliness
- conduct of NHS staff
- the standard of treatment
- failure to obtain consent
- discharged too early
- inadequate pain relief
- lost or incorrect medical records
- failed or defective medical products
- carelessness leading to injury
Who do you complain to?
If you decide that you would like to make a complaint there are a number of options open to you.
Most patients choose to use the NHS complaints procedure, and you will find a Patient Advice and Liaison Service (PALS) in most hospitals, who will try and help resolve the issue before you need to make a formal complaint. This can be particularly helpful if you have concerns about the treatment being provided while you are in hospital.  If your care was in a private hospital, but your treatment was funded by the NHS, you can make a complaint to the private hospital or the Clinical Commissioning Group.
You can also report your concerns to the appropriate regulatory body of the health care professional you feel is directly at fault. Alternatively you can report matters to the Care Quality Commission, the Clinical Commissioning Group (the body responsible for buying and commissioning hospital services), or Healthwatch.
If you need assistance making your complaint, you can obtain support through The Advocacy People or VoiceAbility.
If you are unhappy with the response you receive to your complaint you can take it up with the Ombudsman.
What do you want to achieve from making a hospital complaint?
When you make a formal complaint you should think about what you want to achieve from it.
The most common reasons for patients making a complaint about their hospital treatment are:
- their desire to receive a better service
- the wish to improve the service for the benefit of other patients
- for an explanation of why they were let down
- for an apology
- the desire for a healthcare professional to be formally disciplined
- financial compensation
Time limits on making a complaint
You should not delay in complaining, as the sooner you do, the easier it will be for it to be satisfactorily investigated.
Complaints must generally be made within a year of the event which caused it to be made. If you weren’t aware of the issue within the first 12 months then you should make your complaint as soon as you find out about it.
An extension to the time limit will only be considered if it’s still possible to properly and fairly investigate the issue, or there is some other compelling reason for the delay.
When would I be better off bringing a legal claim, rather than a complaint?
Some issues are better suited to the hospital complaints procedure. Matters such as standards of cleanliness, attitude of staff, concerns about waiting lists, and lack of communication tend not to be things that would be serious enough to warrant legal action being taken.
However, when a patient’s physical or psychological health has been seriously impacted by a clear medical error or mistake, then it is beneficial to seek legal advice from solicitors specialising in medical negligence law.
This is particularly the case where the patient has suffered injury and financial loss as a result, and their primary focus is on securing financial compensation.
By making a legal claim you can recover compensation for:
- your injuries
- the impact on your life
- lost earnings
- the cost of future medical treatment
- the cost of care
- the cost of equipment or adaptations to your home
Time limits for bringing a medical negligence claim
You must commence court action within three years of the date of the incident that injured you, or the date you first realised you’d suffered injury. Because cases usually need to be thoroughly investigated before court proceedings are commenced, it is recommended that you discuss the case with a solicitor as early as possible and do not leave matters to the last minute.
For children, time does not start to run until their 18th birthday.
Time limits do not apply to patients who lack mental capacity.
Funding legal costs
It is rarely cost effective to pay a solicitor to deal with a complaint on your behalf. However, where there is a possibility that a legal claim may be brought at a later date then our Legal 500 recommended medical negligence team is always happy to offer a free consultation by phone or email.
We are also able to fund legal claims against hospitals on a no win, no fee basis. This means that you do not have to fund your claim upfront, and will not have to pay the legal fees if you don’t win your case.
If you are interested in our no win, no fee funding option then we will be very happy to explain how it works and discuss what it involves.
Free legal helpline
If you are thinking about making a medical negligence claim, or you need guidance on making a hospital complaint that may lead to legal action being made, then contact our helpline for a free consultation by calling 0333 888 0404 or sending an email to [email protected]
