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Complaints procedures for
Private Healthcare
| General
Comment - |
There is no clear,
independent complaints procedure for private health care treatment. Private
hospitals and clinics have to register with the local authority and so
the local authority can deal with some service related problems.
However with there being no independent regulator, court is a more immediate
possibility. Plenty of links to Government and other
third party sources have been included below so consult those if you are
at all unsure. For some general information regarding who can complain,
independent advice, timing and financial compensation issues please click
here.
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| Step
1 - |
Complain to the hospital: There is no clear, independent complaints
procedure for private health care treatment. As with NHS complaints, the
first stage is to complain to your hospital direct. Wherever possible
you should tell someone close to the cause of your complaint (e.g. a doctor,
nurse or receptionist). However, in the private sector, hospitals often
have a separate contract with individual consultants or surgeons, who
are not directly employed by the hospital. If the complaint includes different
aspects of your care such as cost of treatment, quality of food, treatment
complaints (such as problems with medications you have been prescribed),
it may be necessary to complain to more than one person.
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| Step
2 - |
Complain to the Health Authority/Health
Board: If
you are not satisfied with the response from a private hospital, you may
be able to take the complaint up with your local Health Authority (Health
Board in Scotland and Health & Social Services Board in Northern Ireland)
or convener, contact details are given on this site. Private hospitals
and clinics are regulated by the Registered Homes Act 1984 and must register
with the Local Health Authority who are required to inspect them twice
a year. However they will not deal with clinical complaints (complaints
about the treatment provided by your private doctor) unless it is relevant
to the registration requirements.
Find
your local LHA or CHC here
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| Step
3 - |
Other complaints procedures: If you have been unable to get a satisfactory
response to your complaint, there is no independent inspectorate or ombudsman
so you may need to turn to the courts to settle your dispute (See Step
4).
Complaints about
the conduct of a Doctor: The GMC has powers to discipline all registered medical practitioners,
whether in the NHS or private sector. It considers complaints about serious
failures of care, violent or indecent behaviour, dishonesty, etc.
Complaints about
the conduct of nurses, midwives or health visitors: Complaints relating to their attitude
or behaviour are made to the United Kingdom Nursing Midwifery Council
(NMC). The NMC will investigate allegations of professional misconduct
or unfitness to practice for reasons of ill health. Complaints should
be sent in writing to the Professional Conduct Department Manager giving
details of the name of the nurse, midwife or health visitor, the dates
of the alleged incident or pattern of behaviour and an outline of the
misconduct. There is no time limit for making a complaint to the NMC.
You can call the NMC's advice service (see link to their website below)
to have an informal chat before you decide whether to make a complaint.
Complaints about the conduct of other health professionals: Complaints relating to the attitude
or behaviour of other health related staff including physiotherapists,
occupational therapists, speech & language therapists, dietitians,
radiographers, chiropodists and other therapists, but NOT doctors, nurses,
dentists, opticians or pharmacists or reidential homes, should be made
to the Health Professions Council (HPC). The HPC's Investigating Committee
will check a complaint or allegation to determine if there is a case and
the nature of the case. If so, it then goes to either the Conduct and
Competence Committee or the Health Committee.
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| Step
4 - |
Court: Failing
all else you can still go to court to resolve your dispute. Details of
small claims court and other procedures are given in the Legal Section
of this site. You can also contact the Community Legal Service (justask.org.uk)
that gives access to free advice. Otherwise your local Citizens' Advice
Bureau will give you advice and will sometimes organise free legal representation
for you.
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If you are at all unsure
about any of these steps or would like further information please use the list
of Information links given below. If you click on the icon the relevant site will open a new window.
Links to Information
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The Citizens'
Advice Bureau Adviceguide site for Health. |
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Mental
Health Media's Anti-Discrimination Toolkit website |
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Patients
Association website |
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Links to
medical organisations in UK |
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Nursing & Midwifery
Council |
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Health Professions
Council, the regulator of 12 different health professionals in the UK from
physiotherapists to paramedics. |
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Your Guide
to the NHS (replaces the Patient's Charter). |
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BBC's Watchdog
guide to medical matters |
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A website
where you can find over 2000 Patient Support Groups |
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Health Service Ombudsman
England |
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Health Service Ombudsman
Scotland |
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Health Service Ombudsman
Wales (English version) |
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Ombudsman y Gwasanaeth
Iechyd Cymru |
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Northern
Ireland Ombudsman |
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NHS Scottish Health
on the Web |
General
advice
Independent advice: Independent help with
making your complaint about NHS services can be obtained from your local Community
Health Council (CHC). In Scotland help can be obtained from your Local Health
Council (LHC) and in Northern Ireland your Health & Social Services Council
(HSSC). A list of contact details can be found on this site, or alternatively
telephone numbers and addresses can be found in your phone book.
Who can make a complaint? To use the NHS
complaints procedure a person must be a patient or a former patient of the practitioner
or institution concerned. It is possible to complain on behalf of existing or
former patients, but the hospital or practice must agree that the person making
the complaint is a suitable representative.
Time limits: A complaint should be made as soon as
possible after the incident. The time limit for NHS complaints is usually six
months from the date of the incident. However, if a hospital or practice is
unaware of there being any cause for complaint, the six months limit starts
from the time the hospital or practice first became aware. This start date must
be within twelve months of the date of the incident. There is discretion to
waive the time limit where it would be unreasonable to expect the complaint
to have been made in time, for example, because of grief or trauma. It must,
however, still be possible to investigate the complaint.
Financial compensation: If a person is seeking financial
compensation they must take legal action (see step 4). It is not possible to
get financial compensation through the complaints system.
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