Accident and Emergency
This is often the first point of contact a patient will have with the NHS due to an illness or after an injury. The staff who practise in emergency medicine have skills in prevention, diagnosis and management.
Case reports
T -v- Calderdale & Huddersfield NHS Trust
The Claimant was taken to the Accident & Emergency Department at Calderdale Royal Infirmary after being knocked down by a car
and was diagnosed as having an unstable short spiral fracture of the right femur. Her leg was placed in a splint which had to be re-applied because it was the wrong size. She was admitted to the children’s ward of the hospital. She remained in hospital but there was a failure to monitor the healing process of her leg in the splint, to the extent that poor union of the femur was achieved and her leg was bent when the bone was healed and had a boney protruberance. The bowing of the leg also entailed shortening of the femur and consequently the leg itself.
The case settled for £28,000.00 which included damages for care provided to the Claimant by her parents, the cost of some reconstructive surgery on her scarring and damages for her psychological distress, as well as for the leg injuries overall and for the otherwise would have been unnecessary.
Frequently Asked Questions On The Complaints Procedure
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1 What should I do if I have received poor treatment?
If you have received a poor standard of care following treatment on the NHS, you may feel strong enough to make a complaint about your experience.
You should make a complaint if:
- You have received poor service from a GP or hospital,
- You have been refused treatment
- You have encountered longer than expected waiting times for treatment
There are many more general situations which may warrant a complaint, but the above represents some of the common issues that we generally encounter.
2 Is there a NHS complaints procedure?
YES and it has undergone a significant overhaul during 2009 which is a step in the right direction.
It has been decided since April 2009 that the NHS complaints procedure needs to satisfy the following :
- Deal with the complaint efficiently and properly
- Provide a outcome of the complaint and investigation
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Entitlement to compensation if the patient has been harmed
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The complaint can now be taken to the Independent Parliamentary and Health Service Ombudsman if the person complaining is not satisfied with the NHS handling of the complaint
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Make a claim for judicial review if you think you’ve been directly affected by an unlawful act or decision of an NHS body
3 How do I make the complaint?
The complaint has to be made within 12 months of the relevant event/ poor service that you are complaining about.
This time limit can be extended (so long as it is still possible to investigate the complaint). An extension might be possible, such as in situations where it would have been difficult for you to complain earlier, for example when you were grieving or undergoing trauma.
- Firstly you should refer the case in writing to the organisation that you are complaining about. This is called local resolution and most cases are resolved at this stage. Ask the hospital or trust for a copy of its complaints procedure, which will explain how to proceed.
- If you are still unhappy, you can refer the matter to the Health Ombudsman who is independent of the NHS and they will then look into your complaint further
Please note that the complaint can be made by a patient or someone acting on behalf of the patient or person, with their consent.
4 Is there anyone to help me with the complaint?
- Patient Advice and Liaison Service (PALS)
Making a complaint can seem daunting but each hospital does offer a Patient Advice and Liaison Service (PALS). They offer confidential, support and information on health related matters to patients, their families and their carers.
- Citizen Advice Bureau (CAB)
Your local CAB can be a great source of advice and support if you want to make a complaint about the NHS.
- Independent Complaints Advocacy Service (ICAS)
ICAS is a national service that supports people who wish to make a complaint about their NHS care or treatment. Contact your local ICAS office through the hospital manager or PALS.
If there is anything that we can advice you on at this time then please feel free to call for either a further explanation of the above or more information on the complaints procedure.