You have a legal right to complain. Your complaint should be dealt with thoroughly and promptly, and you should receive a full reply in writing. Your rights are explained more fully in the NHS Constitution and our Factsheet.

For NHS treatment, since April 2009 the NHS has run a simple two-stage process:

Stage 1 - Write or speak to the hospital's complaints department, which will liaise with the clinicians concerned and respond to your complaint. This is called Local Resolution and most complaints are resolved at this stage.

Stage 2 - If you are unhappy with the outcome of the Local Resolution process you can refer the matter to the Parliamentary and Health Service Ombudsman, which is independent of the NHS and government (Tel: 0345 015 4033).

Other areas of expertise / types of claim

The medical complaints situation is different for private treatment, as this is not subject the NHS procedure.

Complaints about private medical treatment are usually made directly to the clinician involved, who should then deal with the matter in accordance with their own in-house complaints system.

Most private hospitals are members of the Independent Healthcare Forum. Its standards mean you should have an acknowledgement within two days and a full written response within 20 working days. If you are still unhappy you can refer the matter through Internal Appeal and Independent External Adjudication.

The situation is also slightly different for an NHS Foundation Trust, and in the first instance you should contact the hospital's complaints department or visit its website for details of its medical complaints procedure.

If you have had private treatment in an NHS hospital or had it paid for by the NHS you should initially discuss your complaint with the complaints manager at the NHS organisation that funded your treatment. The independent treatment provider may also have its own complaints procedure, so you may wish to consider this as well.

Why use Access Legal from Shoosmiths?

We understand the immense distress which can be caused to both individuals and their families when medical treatment goes wrong. Our approach is sympathetic and understanding.  We recognise that the support you require at this stage is not necessarily legal advice concerning a potential compensation claim.  Our dedicated team can advise you in a number of other ways, including how to contact support groups.

 Our experts

We have an established team of nationally respected specialist clinical negligence lawyers, which includes members of the Action against Medical Accidents (AvMA) referral panel, and the Association of Personal Injury Lawyers (APIL).  

• Richard Follis - Partner and National Head of Clinical Negligence
• Kay Taylor - Fellow of the Institute of Legal Executives and Team Leader
• Andrea Rusbridge - Partner and Team Leader

We have considerable experience in helping clients with complaints about treatment and as a result of this experience we have developed working relationships with support groups such as AvMA and ICAS. 

Important things to consider

Under normal circumstances your complaint should be made within six months (12 months if the treatment is ongoing). The time limit can sometimes be extended if there are good reasons, for example if you were still grieving or suffering trauma. You should also bear in mind that if you are considering bringing legal action against a hospital you will need to do it within three years of the alleged substandard treatment.

What do I do next?

Our approach is to provide effective but friendly legal support for you and your family during this difficult time and to keep you informed. Our clinical negligence solicitors can help with medical complaints and take cases that may arise following a complaint on a no-win-no-fee basis, ensuring you receive 100% of the compensation you are awarded.

For a free consultation with a clinical negligence solicitor to discuss the issues on this page, please call our helpline on Freephone 03700 86 86 86 or contact us now.

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