Clinical Negligence

Dental Negligence

Health Service Ombudsman

Medical Negligence and Loss of Chance

NHS Clinical Negligence

NHS Complaints

White Finger

Private Health Care Complaints

Clinical Disputes

Health Service Ombudsman

How the health service ombudsman can help me?  

If you are unhappy after going through the NHS complaints procedure, you can refer the matter to the Health Service Ombudsman. The heath service ombudsman (also called the Health Service Commissioner) investigates complaints about the NHS and is independent of the NHS.

He investigates complaints where there is evidence that prejudice or hardship has been caused by failure to provide a service, failure in the service or maladministration. Maladministration may include slow or unsatisfactory responses to letters, incorrect or misleading information and advice given, refusal to give information, rudeness, discrimination or unhelpfulness, failure to follow reasonable rules in procedures and administration, poor health services, such as a long wait for treatment or an operation, failure to provide a disability aid, dirty wards at a hospital, unhelpful or inadequate staffing at a hospital, the care and treatment provided by a doctor, nurse or other trained professional, complaints about GPs, dentists, opticians and pharmacists working for the NHS, and refusal to give you information to which you are entitled.

Please note that the ombudsman does not have to take up every complaint. He will not investigate a case that has not been through the NHS complaints procedure. He will also not usually investigate a case that you could be expected to pursue in the court.

There is no petition against the ombudsman’s decision. The ombudsman will only establish a fresh examination into a grievance if completely fresh information is received which could not reasonably have been recognised earlier. It is very atypical for a new inquiry to be started. The ombudsman’s proposals cannot be legally imposed. He may even decide to not to look into your complaint. If this be the case, you will be told why.

What is need for the involvement of an ombudsman?

An ombudsman may be involved in case you complaint was not resolved for two months or, you tried to get an independent review but your request was turned down. He can also be involved when you think that the answer to your complaint was unsatisfactory.

Advantages

• Ombudsman is independent of the NHS. He aims to treat everyone fairly and impartially, whatever their background or circumstances. His services are free and confidential for individual complainants. Getting in touch with the ombudsman is a good way to get an investigation into common problems that affect a wide range of people.

Disadvantages

• These services can take a long time to investigate and you would not get the same level of damages or compensation that you would in court.

Making a Complaint

When to complain?

• Complain within a year of the incident or the date when you become aware of the matter you want to complain about.

How to complain?

• Write to the ombudsman explaining in detail why you are unhappy about how your complaint was handled. You can also complain on behalf of someone else, but you must explain why the person cannot do so and that you have her or his agreement. 

What will happen?

• A statement setting out the matters to be looked into is sent to both the sides. The hospital, GP, dentist or other service you are complaining about is asked for comments and relevant papers. These may include your medical records, but they are seen only by the ombudsman, who may want to interview you or others, and ask for independent medical advice from experts.
• After an investigation, the ombudsman will write a detailed report and send a copy to both the parties. The ombudsman may recommend that you receive an apology, that a decision be altered, that costs be returned to you, or that the service introduces changes in the way it operates. 

Cost

• The system is free of cost. But if you pay for legal guidance or demonstration to help with the complaint, you cannot claim the costs back.

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