Often, incidents of medical negligence occur, even if patients flag problems to their doctor. You may not feel able to advocate for yourself, so we want to empower people that haven’t felt listened to by providing resources allowing you to be your own advocate.
Medical negligence
How to improve your access to healthcare
Health is a priority for everyone but sometimes, it doesn’t always go as planned. Here are a few tips on how you can ask your healthcare provider to put things right.
If your healthcare hasn’t gone as well as you liked, we know it can be a scary time. At Slater and Gordon, we’ve gathered a few ways in which you can help put things right, to get the healthcare you deserve.
Important first steps
In the first instance, we would suggest you raise your concerns with the provider directly to discuss your concerns. How you present your concerns is important. We know how upsetting and emotional these matters are, but we recommend you try to stay as calm and unemotional as you can. It’s helpful to take a family member or friend with you to appointments or discussions as you will benefit from the moral support and each of you will remember different bits of the consultation or meeting or, as we say, “two heads are better than one.”
This is especially the case where your health condition is worrying you. Studies show we don’t always remember things completely objectively and having a friend or relative who is less emotionally involved will help.
Always try to resolve matters directly and positively, but if that doesn’t help, then you can consider a complaint. If you are going to complain, try to do it politely, succinctly and keep the focus on the outcome you want rather than accusations. Though tempting they’re not always constructive. Please use the time and attention the complaints process gives you in a positive and progressive way with your future treatment in mind.
There are a few different ways to make a complaint.
You should check the healthcare provider’s complaints procedure first, as most will have their own procedure. This can usually be found on their website.
Hospital care
Patient advice and liaison service
If you are in England or Wales and would like to make a complaint to the NHS, you can make a complaint through the Patient Advice and Liaison Service (PALS). They provide a point of contact for patients, their families and their carers.
Complaints should normally be made within 12 months of the incident/matters you are unhappy with
You should expect an acknowledgement and offer of discussion within 3 working days.
You can find out more information about making a PALS complaint here.
Other ways to complain
You can also complain to the Care and Quality Commission. This is an option if the care you have received has not been through the NHS.
If you have made a complaint through these avenues and are unable to reach a mutually acceptable conclusion, you may wish to contact the Parliamentary and Health Service Ombudsman (PHSO). You must exhaust the healthcare providers complaints process and have their final response before moving on to the PHSO.
Both a complaint and an escalation to the PHSO take time, more time than you would expect.
Please remember that if you may ultimately want to consider litigation, you must present your case to court within 3 years of the treatment complained of or 3 years from when you know if it is problematic and had caused you an avoidable injury/avoidable pain and suffering. The 3-year rule applies even if the PHSO is still considering your matter. So, if you do need to resort to litigation, please don’t delay instructing solicitors prior to the 3-year anniversary of when you know the treatment was problematic and had caused you an avoidable injury/avoidable pain and suffering. The involvement of the PHSO does NOT stop the clock for litigation.
General Practice (GP) concerns
In the first instance we would recommend approaching the GPs Practice Manager to ask for their assistance in putting matter right.
If that doesn’t get you the result you desire, then you can consider a complaint. If you are not happy with the compliant outcome, then you can revert to the PHSO as above.
Please remember that if you may ultimately want to consider litigation that you must present your case to court within 3 years of the treatment complained of or 3 years from when you know if was problematic and had caused you an avoidable injury/avoidable pain and suffering. The 3-year rule applies even if the PHSO is still considering your matter. So, if you do need to resort to litigation, please don’t delay instructing solicitors prior to the 3-year anniversary of when you know the treatment was problematic and had caused you an avoidable injury/avoidable pain & suffering. The involvement of the PHSO does NOT stop the clock for litigation.
To make it easier for you, we have drafted up a complaints letter template for you to use, should you need to. All that is required is for you to put in your details. You can download it here.
How we can help
If you feel like you have been seriously impacted by your medical treatment; whether it was through delayed treatment, misdiagnoses, substandard medical care or have suffered further health issues through clinical negligence, then you may have a medical negligence claim.
Our expert lawyers are here to listen and support you in every way possible and will guide you through next steps. We work alongside medical professionals who will be able to advise you on whether you have a claim.
For more information, contact us online or call us on 0330 041 5869
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