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NHS complaints procedure requires urgent overhaul

A leading clinical negligence solicitor is supporting calls by the NHS Ombudsman to change the way concerns about medical treatment are handled.

A report by the NHS Ombudsman, which investigates complaints when hospitals are accused of failing to handle them fairly, is calling for sweeping changes so that more concerns are acted on promptly, and action is taken before care is affected.

Dame Julie Mellor said today that patients are sometimes too frightened to complain in case they receive even worse treatment. Those who did speak up were met with a ‘culture of defensiveness’ from staff when all they wanted was an explanation. She added that the current NHS culture meant those who suffered harm did not get a simple apology.

Judith Thomas-Whittingham, head of the clinical negligence department at Stephensons Solicitors LLP in Wigan, believes that all too often, when things do go wrong, patients merely want an apology or an explanation.

Judith said: “As a clinical negligence solicitor acting for patients who have suffered harm at the hands of medical professionals, I support the call for concerns to be acted on without hesitation. The report highlighted one shocking incident where a daughter was concerned about the care her mother was receiving in hospital, and was asked to put it in writing, which would receive a response in 28 days. That’s just not acceptable.

“Often, the people that come to us for help are merely seeking an apology – but they haven’t been able to achieve this. We often help to guide people through the complaints process.

“I believe that if the NHS culture changed, and mistakes and concerns were acted on more efficiently, it would improve communication between the patient and carer and possibly even lead to fewer legal actions.”

The NHS Ombudsman has suggested the following changes:

Access to a free patients’ advice service 24 hours a day

Each patient to be given the name of a senior person as the first port of call for concerns about care

Regular measurement of feedback from patients, so hospitals can compare their handling of complaints and make improvements

The recommendations have been submitted to an independent review of hospital complaints by Labour MP, Ann Clwyd, whose husband suffered care failings, which is currently considering changes to the system.

ENDS

About Stephensons

Stephensons’ Clinical Negligence department is recommended in the Legal 500 and Chambers Guide to the Legal Profession.

Stephensons’ clinical negligence department specialises in recovering compensation for victims of medical accidents. The firm focuses on whole-life solutions, seeking results and offering practical support that will help people adapt to what can be a dramatically altered lifestyle.

Media information Lianne Tracey, Stephensons Solicitors LLP, Tel: 01616 966 229, Email: lct@stephensons.co.uk