What is the difference between a poor outcome and medical negligence?
Not every bad medical outcome constitutes negligence. Medical negligence (or clinical negligence) occurs when a healthcare provider fails to meet the standard of care that a reasonably competent practitioner would provide, and that failure causes harm. A poor outcome despite appropriate care is not negligence. However, misdiagnosis, delayed diagnosis, surgical errors, medication errors, and failure to obtain informed consent can all constitute negligence if they fall below the required standard.
What is the NHS complaints procedure?
The first step is Local Resolution — complaining directly to the NHS trust, GP practice, or other provider. They must acknowledge your complaint within three working days and investigate fully, usually within 40 working days. If you are not satisfied, you can escalate to the Parliamentary and Health Service Ombudsman (PHSO), but you must have completed Local Resolution first. The PHSO is independent and free to use.
Is there a time limit for making an NHS complaint?
NHS complaints must normally be made within 12 months of the incident or within 12 months of when you first became aware that something had gone wrong. The trust can use its discretion to accept late complaints where there is good reason for the delay. For legal claims of clinical negligence, the limitation period is generally three years from the date of harm or knowledge of harm.
What should I include in a medical negligence complaint letter?
Include the full name of the patient, dates of treatment, the name of the clinician or department involved, a clear chronological account of what happened, how it has affected the patient's health and daily life, and what outcome you want — an apology, explanation, investigation, or referral for further treatment. Attach any relevant documents. LetterDeck structures your letter to cover all of these elements clearly.