Hospitals are routinely using the threat of legal action to block investigations into medical blunders, patient safety campaigners have claimed, as they threaten a legal challenge against the Health Secretary.
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| Campaigners say that confusing NHS guidance, which their lawyers say is unlawful, is allowing hospitals to routinely close down complaints |
Lawyers for the charity Action against Medical Accidents (AvMA) have issued the threat to Jeremy Hunt over NHS guidance which says hospitals can refuse to consider complaints if a patient or relative is considering future legal action.
The rules were supposed to be changed in 2009, so that hospitals could not use the possibility of a potential claim as an “excuse” to deny a truthful investigation to victims of poor care or medical errors.
The rules were supposed to be changed in 2009, so that hospitals could not use the possibility of a potential claim as an “excuse” to deny a truthful investigation to victims of poor care or medical errors.
But campaigners say that confusing NHS guidance, which their lawyers say is unlawful, is allowing hospitals to routinely close down complaints if there is any hint that those who have suffered may sue for negligence.
They have issued a legal letter, warning of their intention to seek a judicial review in the High Court if the advice is not changed.
Peter Walsh, AvMA chief executive said the step had been taken reluctantly, after previous efforts to persuade ministers to tackle the issue fell on deaf ears.
He said: “It is outrageous that after all we have heard about the need for more openness and honesty in the NHS that the Department of Health continues to leave the door open for NHS bodies to use potential claims for clinical negligence as an excuse not to provide a truthful investigation and response to a complaint. We have turned to the law reluctantly to seek a remedy to this.”
Mr Walsh said the charity had received legal advice that existing guidance is unlawful, as well as contrary to the stated intentions of NHS policy on complaints - which state that the complaints process should only be halted if it is specifically likely to prejudice court proceedings.
Following the scandal at Mid Staffordshire Foundation trust, where up to 1,200 patients died amid appalling failings in care, ministers have promised to introduce a new “duty of candour” for the NHS, which means hospitals are legally obliged to admit to medical blunders.
But the charity said such pledges were “meaningless” if hospitals are able to block questions from relatives because a case might end up in court.
Mr Walsh said NHS hospitals were routinely choosing to close down complaints because disclosures might make it more difficult for them to defend their failings in court.
A dossier compiled by the charity has uncovered a number of cases in which hospital trusts and the NHS Ombudsman have refused to examine complaints simply because patients have been considering taking legal action.
Mr Walsh said: “What is really sinister about this is that patients are being denied access to justice. Patients and relatives who complain about care should be given the facts about what went on, regardless of whether they intend to make a claim for negligence.”
Health Secretary Jeremy Hunt said: "It is in the interests of everyone who cares about the NHS - from patients, to doctors and nurses - that patients can trust that when they make a complaint, it is dealt with correctly and thoroughly.
He said a review was being carried out to examine how complaints are currently handled.
Mr Walsh said the charity had received legal advice that existing guidance is unlawful, as well as contrary to the stated intentions of NHS policy on complaints - which state that the complaints process should only be halted if it is specifically likely to prejudice court proceedings.
Following the scandal at Mid Staffordshire Foundation trust, where up to 1,200 patients died amid appalling failings in care, ministers have promised to introduce a new “duty of candour” for the NHS, which means hospitals are legally obliged to admit to medical blunders.
But the charity said such pledges were “meaningless” if hospitals are able to block questions from relatives because a case might end up in court.
Mr Walsh said NHS hospitals were routinely choosing to close down complaints because disclosures might make it more difficult for them to defend their failings in court.
A dossier compiled by the charity has uncovered a number of cases in which hospital trusts and the NHS Ombudsman have refused to examine complaints simply because patients have been considering taking legal action.
Mr Walsh said: “What is really sinister about this is that patients are being denied access to justice. Patients and relatives who complain about care should be given the facts about what went on, regardless of whether they intend to make a claim for negligence.”
Health Secretary Jeremy Hunt said: "It is in the interests of everyone who cares about the NHS - from patients, to doctors and nurses - that patients can trust that when they make a complaint, it is dealt with correctly and thoroughly.
He said a review was being carried out to examine how complaints are currently handled.
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