Interface between complaints and litigation

The Forum has since 1997 been considering the problems caused by the fact that people who complain about their medical treatment within the NHS do not have any mechanism for obtaining compensation, even if their complaint is upheld and some loss or damage has undoubtedly been suffered, short of starting legal proceedings at the end of the complaints process.

There were also concerns about the operation of the complaints system itself.

The working group has now prepared a paper, which is now being finalised, for consultation in the autumn of 2000. Because the issues here are so difficult the paper will consist mostly of questions to be addressed by consultees about what their concerns are in this area and what the proper approach to the various problems would in their opinion be, rather than firm proposals.

Sarah Leigh

Working Party