Complaining about Medical Professionals
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| This Section deals with complaining
about Medical Professionals Some pages/links included on the Fassit UK site are in PDF format. Download the Free Acrobat Reader Midwives and Health visitors -The nursing and midwifery council (NMC) governing body- like the GMC (General Medical Council) is for doctors. They also govern midwives and health visitors. They have a website- http://www.nmc-uk.org/ All doctors and practicing medical professionals, including psychiatrists should be registered with the GMC (General Medical Council). To check if someone is registered please fill in their name in the following site http://www.gmcit-infra.org/rd/reg/ If they are not registered, make a complaint immediately to the General Medical Council, on this same website. Making a complaint against a a health professional can be difficult and distressing. This guide explains the complaints process. 1. Making a record of your complaint Write down an account of any complaint you want to take further. The longer you leave it, the more likely you will forget important details. The key points to remember are: Names and practice addresses of those involved Details of the incident, and what, in your opinion, was wrong Copies of relevant papers, and of any other evidence, e.g. tape recordings or photographs Names and addresses of any witnesses who could support your complaint from their personal knowledge 2. Getting advice The local community health council is independent of the NHS and provides a free and confidential advisory service. Association of Community Health Councils for England and Wales, 30 Drayton Park, London N5 1PB. Tel: 0207 609 8405. Email: Mailbox@achcew.org.uk Website: www.achcew.org.uk Scottish Association of Health Councils, 24A Palmerston Place, Edinburgh EH12 5AL. Tel: 0131 220 4101. Email: sahc@sol.co.uk (Don't use this number for details of your local council. Obtain them free of charge by ringing the NHS Helpline: 0800 22 44 88) The Patient's Charter It is your right, under the Patient's Charter, to make a complaint about your treatment and to receive a full and prompt written reply. You should make your complaint within six months of the incident, or six months after you realise you have something to complain about - so long as this is within a year of the original incident. These restrictions will not apply if there is a genuine reason why you couldn't act sooner. 3. Local resolution You should contact your local health authority, addressing your comments to the chief executive or complaints manager. The address and telephone number should be available from the phone book (or follow the link to the Net Doctor health authority directory page). Different health authorities handle complaints in different ways. But if you register a formal complaint it should be acknowledged within two days with a letter explaining how it is being dealt with and how long the process is expected to take. You should get a response to your complaint within three weeks, or an explanatory letter if it takes longer. The chief executive of the health authority or trust should let you know the outcome of the inquiry and, if appropriate, offer an apology. An independent review If you are not satisfied with "local resolution" , you have 28 days to request an independent review. You do not have an automatic right to a review. Requests are evaluated by a convener from the trust or health authority and are carried out by a panel comprising: The convener An independent lay chairperson, approved by the Secretary of State A local health authority representative Two clinical assessors (if the complaint involves a health care professional) You will receive a copy of the panel's report and details of any action by the trust\health authority to implement recommendations by the panel. 4. The Health Service Ombudsman If you are not satisfied with the outcome of the independent review, you can take your case to the Health Service Ombudsman. He is totally independent of the NHS. You must register your complaint no later than a year after the incident. The Ombudsman may extend the limit for special reasons - for example, if the local investigation took a long time. The Ombudsman cannot examine: A case which is the subject of legal action A case which you could take to court or to an independent tribunal - unless the Ombudsman does not think it would be reasonable to do so Complaints about government departments such as the Department of Health (these are handled by the Parliamentary Ombudsman) Complaints about local authority departments such as social services. (handled by the Local Government Ombudsman) If the Ombudsman investigates your complaint, you will receive a report of the findings. This will say if the NHS authority has agreed to remedy any injustice or hardship you experienced and change any policies or procedures as a result of the case. It may seem as if the Ombudsman is toothless. He cannot compel a health authority or a health care professional to do anything. But he can make recommendations and draw issues to the attention of the Parliamentary Public Accounts Committee which can summon NHS staff to give evidence before it. He is, in fact, a powerful and influential figure The Health Service Ombudsman for England, 11th Floor, Millbank Tower, Millbank, London SW1P 4QP. Tel: 0845 0154 033 Website: www.ombudsman.org.uk The Health Service Ombudsman for Wales, 5th Floor, Capital Tower. Greyfriars Road, Cardiff CF1 3AG. Tel: 01222 394621. Email: ohsc-Wales-enqu@online.rednet.co.uk Website: (as England) The Health Service Ombudsman for Scotland, 28 Thistle Street, Edinburgh EH2 1EN. Tel: 0131 225 7465. Email: ohsc-scotland-enqu@online.rednet.co.uk Website: (as England) The Health Service Ombudsman for Northern Ireland, Commissioner for Administration and Complaints, 33 Wellington Place, Belfast BT1 6HN. Tel: 01232 233 821 Email: ombudsman@ni-ombudsman.org.uk Website: (as England) The General Medical Council (GMC) You can also take a complaint against a doctor to the GMC, the regulatory body of the medical profession. Of all bodies considering complaints against individual doctors, the GMC is the most powerful. It is empowered to strike doctors off the medical register. Fitness to Practise Directorate, General Medical Council, 178 Portland Street, London WIN6JE. Tel: 0207 580 7642. Email : gmc@gmc-uk.org Website: www.gmc-uk.org It investigates complaints from members of the public, other doctors, health authorities and the police and will act if a doctor: Is guilty of "serious professional misconduct": (conduct which makes the GMC question whether he or she should be allowed to continue to practise medicine without restriction). Has been convicted of a criminal offence in a British court. Repeatedly fails to meet required professional standards and is seriously deficient. Is seriously ill, and it is affecting their ability to practise. These cases usually involve mental illness, alcohol abuse or some other form of addiction. There is no time limit for registering a complaint with the GMC - but the sooner, the better. GMC solicitors are available to complainants free of charge. Striking doctors off the medical register is restricted to the worst cases. Doctors are more likely to receive a warning if a complaint against them is upheld. The Council may put conditions on the doctor's registration, limiting their medical work to protect patients. The GMC cannot, however, award compensation. Only the courts can do that. Useful Addresses and Tel Numbers: Association of Community Health Councils for England and Wales, 30 Drayton Park, London N5 1PB. Tel: 0207 609 8405. Email: Mailbox@achcew.org.uk Website: www.achcew.org.uk Scottish Association of Health Councils, 24A Palmerston Place, Edinburgh EH12 5AL. Tel: 0131 220 4101. Email: sahc@sol.co.uk (Don't use this number for details of your local council. Obtain them free of charge by ringing the NHS Helpline: 0800 22 44 88) The Health Service Ombudsman for England, 11th Floor, Millbank Tower, Millbank, London SW1P 4QP. Tel: 0845 0154 033 Website: www.ombudsman.org.uk The Health Service Ombudsman for Wales, 5th Floor, Capital Tower. Greyfriars Road, Cardiff CF1 3AG. Tel: 01222 394621. Email: ohsc-Wales-enqu@online.rednet.co.uk Website: (as England) The Health Service Ombudsman for Scotland, 28 Thistle Street, Edinbugh EH2 1EN. Tel: 0131 225 7465. Email: ohsc-scotland-enqu@online.rednet.co.uk Website: (as England) The Health Service Ombudsman for Northern Ireland, Commissioner for Administration and Complaints, 33 Wellington Place, Belfast BT1 6HN. Tel: 01232 233 821 Email: ombudsman@ni-ombudsman.org.uk Website: (as England) Fitness to Practise Directorate, General Medical Council, 178 Portland Street, London WIN6JE. Tel: 0207 580 7642. Email : gmc@gmc-uk.org Website: www.gmc-uk.org The Health Information Service can also give up to date information about the NHS complaints system. Tel: 0800 66 55 44. |
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