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Clinical Negligence

Dental Negligence

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Complaining about NHS Treatment or Service

Even for matters of a very serious nature, such as possible clinical negligence by the NHS, it might be wise to note the points below. If you feels that you have a claim for clinical negligence, read the article About Clinical Negligence in the National Health Service (NHS). Clinical negligence is a rare and very serious offence. However, if a patient has a grievance about unprofessional service, poor service or maladministration with regard to treatment received from the NHS, a complaints procedure is in place to allow members of the public to make formal complaints to the NHS about their service.

Before Taking Formal Action

Before proceeding with a formal complaint with the NHS, it might be useful for the patient to identify what they hope to derive from their complaint.  They may seek an apology from a healthcare worker, to prevent an unfortunate event from recurring, to see an improvement in service or to have the NHS take disciplinary action against a staff member.

It might be sensible for the patient concerned to approach the actual healthcare worker, surgery or department concerned directly, in a non-confrontational manner. This may save extensive time, energy and correspondence, and may provide the patient with a satisfactory outcome without further hassle.  Often, a little further communication is all that the situation requires. Clarifying the situation with the healthcare directly may save the patient unnecessary concern, time and effort.

Making a Complaint

If direct communication with the relevant healthcare worker or NHS department proves unsatisfactory, further action should not be delayed and the patient would be advised to commit their complaint to writing as soon as possible so that all the facts of the matter can be captured while the issue is still fresh in memory. It would also be a good idea to have copies made of any prior related correspondence and copies of relevant medical records.

Lodging a Complaint  with the Primary Care Trust (PCT)

Recent legislation and directives designed to streamline the complaints procedure suggest that complaints be made, preferably in writing, to the relevant PCT.  The patient should set out the nature of the complaint and all applicable dates, evidence and correspondence, and the subject of the complaint (the individual(s) complained of). Also, the patient should state clearly what the object of the complaint is. In other words, the patient should set out what action he/ she hopes the PCT will take in response to the complaint.

Lodging a Complaint with the Parliamentary and Health Service Ombudsman

If the action of the PCT fails to satisfy the patient who made the complaint, the patient can lodge a complaint with the Health Service Ombudsman.  The Ombudsman is independent of the government and the NHS, and there is no cost in having a complaint dealt with.  The Ombudsman is able to look into a wide variety of NHS service issues, maladministration, poor service and poor handling of a complaint.

Further details of administrative and complaints procedures can be provided by the patient’s local PCT.

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