Formal complaints must be made within six months of the event, or the patient becoming aware of the event up to a maximum of a year of the event, by the patient or relative.
The trust has 3 days to acknowledge the complaint, and 25 working days to reply with a response (10 days in primary care).
Always mention PALS
There are three types of claim:
•Category A Claims: below which the trust bears the costs of any settlement (eg £20 000-250000).
•Category B Claims: claims over and above this are settled by the CNST in part (20%)
•Category C Claims: above this threshold (£500 000) settlement paid in full by CNST
To exist, medical negligence requires:
- Duty of care existed
- Duty was breached (Bolam/Bolitho tests)
- Harm occurred as a result of the breach
To get compensation, a patient needs to prove:
That the treatment fell below a minimum standard of competence; and
That he/she has suffered an injury; and
That it is more likely than not that the injury would have been avoided, or less severe, with proper
There are six main components of good complaints handling.1) Getting it right
2) Being customer focused
3) Being open and accountable
4) Acting fairly and proportionately
5) Putting things right
6) Seeking continuous improvement
When dealing with a complainant, the 3 Rs can be helpful.
Complaints from GPs
This is not a complaint it's colleague to colleague
Can ring the emailer back, acknowledge mistake, praise their system and make it positive ?audit
Involve GPs in plans/ audit