Clinical Negligence Solicitors

Every day numerous complaints are made to the NHS by aggrieved patients or their families. To quantify the number of complaints, data provided by the NHS shows that in 2016/17, approximately 571 written complaints were made to the NHS every single day¹, and in 2018/19 the number of complaints was 572 per day.²

The NHS has a duty of candour. In other words, they have a duty to be open and honest with patients and/or their families or carers in all aspects.
This means that health care professionals must:

• Tell the patient/ family/carer/ when something has gone wrong;


• Apologise to the patient where appropriate;


• Offer an appropriate remedy if possible;


• Explain fully the short and long term effect of what has happened.

Additionally, prior to surgery or treatment, the Duty of Candour obliges health care professionals to be open in their advice in respect of:

• The risks of proposed treatment or care;


• To accurately list any risks in relation to the proposed treatment;


• The risks of reasonable alternative treatment;


• Ensuring that the advice is properly understood.

Documenting and submitting a complaint about the NHS is an advisable first step for patients if they believe that they have been ill-treated or not in keeping with the NHS’ duty of care and candour. Ensuring that a complaint is filed remains vital regardless of whether litigation will or can be brought against the NHS.

This duty was legally affirmed in the case of Montgomery (Appellant) v Lanarkshire Health
Board (Respondent) in 2015³ If the NHS’ Duty of Candour is not complied with at any point during treatment this will give rise to a complaint and possibly a claim against the NHS.

In light of the above, the NHS should respond to a complaint in the most open and honest way and should admit to any mistakes they have made as well as to take into consideration their above mentioned obligations.

In regards to litigation a letter of complaint and the letter of response from the NHS is a good method to start building your case if you plan to go to court. It is always advisable to write to the NHS immediately after your experience, documenting the issue promptly – as it is likely to assist you in determining whether or not you have a successful claim against the NHS, and in speedily concluding your claim. Similarly, if you are seeking an apology the most advisable thing to do is ensure you write a letter to the NHS requesting one.

The NHS’ duty of candour is a legal and professional obligation of all health care professionals and should be kept in mind when critiquing the conduct of the NHS, in addition to when considering bringing a claim against them.



Author Ammar Sotta is a trainee solicitor in the Personal Injury and Clinical Negligence Department at Duncan Lewis and works under the supervision of Director, Rebecca Thomas.
To contact Ammar, please call 020 7275 2592 or email ammars@duncanlewis.com




Duncan Lewis Clinical Negligence Solicitors

Our clinical negligence team has significant experience acting in a vast array of claims, varying from A&E failures or GP negligence claims, to misdiagnosed cancer and wrongful death claims.

Our solicitors act for children and adults who have suffered profound and permanent brain, spinal or neurological injuries and associated disabilities as a consequence of failings in medical care in both NHS and private hospitals.

If you have any queries relating to clinical negligence or think that you may have a claim, please do not hesitate to contact our team of expert solicitors on 033 3772 0409.



<sup>1 https://digital.nhs.uk/news-and-events/news-archive/2017-news-archive/number-of-written-complaints-about-nhs-increases-4-9-per-cent


2 https://digital.nhs.uk/data-and-information/publications/statistical/data-on-written-complaints-in-the-nhs/2017-18


3 https://www.supremecourt.uk/cases/docs/uksc-2013-0136-judgment.pdf</sup>