THE COMPLAINTS PROCESS

Under the NHS scheme complaints should be brought within 6 months, and as a long stop within a year.

There is discretion to hear complaints after a year.  

The complaints scheme is not designed to deal with complaints where compensation is appropriate or sought.  

However it is possible, although rare, for the information gained through the complaints process to help a litigation claim.  This is true where admissions are made or where the complaint results in an internal investigation.  

There are some issues where it makes sense to use the complaints process before then brining a formal legal claim.  However the NHS will refuse to deal with a complaint if they are told that there will be a legal claim, or that compensation is sought.  

The complaints process can be frustrating and simply lead to a delay in starting a medico legal investigation.  Whether the process is right depends on the circumstances of your individual case.  

Private medical providers tend to have their own complaints processes.

We can help you make a complaint about your treatment and advise you whether it makes sense to go through the complaints process in your case.