How To Complain About Medical Negligence

Making a complaint can help you get the answers and apology you deserve, as well as helping to stop the same thing happening to someone else in the future.

 

Find out more about the process for reporting a medical negligence complaint, and the difference between making a complaint and making a compensation claim, in the guide below.

How do you report medical negligence in England?

You have several options if you want to report medical negligence.

  • You can raise your concerns directly with the people treating you.
  • You can make a formal complaint to the NHS dental practice, GP surgery, NHS or private hospital treating you.
  • You can complain about individual healthcare professionals by contacting the professional body that regulates them.
  • You can make a legal medical negligence claim.

What's the process for making an NHS complaint in England?

Before making a complaint, you might find it useful to talk to the Patient Advice and Liaison Service (PALS) at your local hospital. Your local PALS can tell you about the complaints process and what to expect. They can even help you resolve your issue informally.

To make a formal complaint about care you’ve received at an NHS dental practice, GP surgery or hospital, the following process applies:

  1. Complaint: You make a verbal or written complaint to the surgery or hospital’s complaints department. If you’re complaining on behalf of someone else, include their written consent if possible.
  2. Acknowledgement: You should expect an acknowledgement of your complaint, and the offer of a discussion to explain the process.
  3. Initial Discussion: If you accept the offer of this discussion, you should find out roughly how long your complaint will take to investigate. There are no set time limits for answering your complaint.
  4. Investigation: Your complaint is investigated. If you don’t hear anything within six months, they should tell you why the investigation has been delayed.
  5. Response: When the investigation has been completed, you’ll get a written response from the surgery or hospital. Where they’ve found evidence of substandard care, you’ll get an apology. They should also tell you about the steps that’ll be taken to make sure the same thing doesn’t happen to someone else.
  6. Appeal: If you’re unhappy with the response to your complaint, the response will also include information about how you can appeal.

What's the process for making a medical negligence complaint in Wales?

  1. Complaint: You can raise concerns about NHS‑funded treatment in Wales through the Putting Things Right process. To engage with this process, you should make a complaint to the Health Board’s concerns team. You can find the concerns team’s contact details on each Health Board’s website. You should raise your complaint within 12 months of the event, or sooner if possible. If you have valid reasons for making a complaint more than 12 months after the incident, the Health Board will decide whether to investigate. You can complain verbally or in writing, directly to the relevant Health Board or the specific provider (GP, dentist, pharmacist). If you need help making a complaint, Community Health Councils can support you free of charge.
  2. Acknowledgement: Once submitted, you’ll receive an acknowledgement within two working days and a response within 30 days (or an update, if more time is needed).
  3. Response: If the Health Board believes care fell below a reasonable standard and caused harm, they may investigate under the NHS Redress Scheme (for claims valued under £25,000, with legal fees covered by the Health Board). Higher‑value cases should be directed to an independent solicitor.
  4. Outcome: Outcomes can include an apology, service improvements, and compensation under the NHS Redress Scheme.
  5. Appeal: If you’re unhappy with the outcome of the Health Board’s investigation, you can submit a complaint to the Public Services Ombudsman.

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Will making a complaint affect my medical negligence claim?

No. The rules that govern NHS complaints allow compensation claims to run side by side.

You don’t have to mention the fact that you’re also making a medical negligence compensation claim.

The outcome of your medical complaint will not necessarily be the same as the outcome of your medical negligence claim. This is because the two processes are independent of each other.

If you’re offered compensation as part of a complaint, you should get legal advice. It may be that the compensation amount offered is lower than what you’re entitled to.

You don’t have to make a complaint as well as a medical negligence claim if you don’t want to. The fact that you haven’t also complained will have no bearing on your claim.

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Frequently asked questions about medical negligence complaints

You can make a medical complaint if you’re concerned about the standard of care you received. This applies whether or not you’ve been injured or had an injury made worse by this care.

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