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Whether or not you subsequently decide to seek compensation
you may make a formal complaint about your treatment
and an apology and an explanation may result which satisfies
you. A complaint should be made as soon as possible
and preferably within 6 months.
NHS Complaints Time Limits
Events
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Time Allowed
|
| Complaint |
Within 6 months from becoming aware, but with discretion to extend |
| Acknowledgement |
Within 2 working days |
| Investigation |
To resolve speedily and efficiently (Complainant to be kept informed of progress) |
| Written Response |
Within 20 working days of complaint or as soon as reasonably practicable |
| Right to refer complaint to Healthcare Commission |
Within 2 months of the date of the response or as soon as reasonably practicable (HC cannot investigate where there is a written intention to take legal action) |
| Healthcare Commission’s decision on handling a case |
Must notify complainant as soon as reasonably practicable |
| Investigation by Healthcare Commission – proposed terms of reference |
To be sent within 10 working days of above notice or as soon as reasonably practicable |
| Complainant may comment on proposed terms of reference |
Within 10 working days of the date they were sent |
| Report of Healthcare Commission |
As soon as reasonably practicable |
| Right to take complaint to Health Service Commissioner |
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Should you decide to proceed with a claim for compensation after the Complaints Procedure has been exhausted, it will be possible to seek disclosure of all the internal memoranda, statements and documents created as a result of your complaint. This may be of great help in investigating whether or not you have a good claim.
On the other hand, if you indicate you want compensation at the outset, your complaint will not be investigated under the NHS Complaints Procedure because you will have indicated a legal claim is intended.
If you apply for a Community Legal Service Funding Certificate (Legal Aid) to investigate the possibility of a claim, one of the questions you will be asked is whether or not you have made a complaint, so there is increasing encouragement to explore this avenue first.
As a general proposition, the more clear cut the error and its consequences are, and the more certain you are that you require compensation, the more desirable it is to take the legal route first.
Where the nature of the error and its consequences are unclear, making a complaint may make the process of investigating any compensation claim easier and less costly. This is because when a copy of the clinical notes and records are requested a copy of the complaints documentation can be obtained at the same time. It is the complaints documentation which may make it absolutely clear that a claim cannot be defended.
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