When medical treatment causes harm instead of helping, it can impact you in several ways.
In some cases, it can make your original symptoms worse or add new medical issues and injuries that weren’t there before. You may also struggle to trust professionals, worry about future care, or feel unsure about where to turn next.
In the UK, both the law and the General Medical Council recognise that patients deserve safe, competent treatment and clear answers when things go wrong. You have several legal and practical options to address poor care.
Start with the correct complaints procedure
Following the complaints process can be the first step towards getting the recognition you need for the mistreatment you’ve received.
- NHS treatment
The NHS complaints process provides the first formal way to address concerns about treatment. This route allows you to explain what happened, ask why decisions were made, and seek reassurance that the organisation has learned from the situation. A clear written response can also help you understand whether the issue points to a one-off error or a wider problem.
You usually need to raise a complaint within 12 months of the incident or of the date you realised something went wrong, although the NHS can extend this. You can complain directly to the hospital trust, GP practice or dentist that treated you, or to NHS in the area you were treated in. for instance, if you were treated in Scotland you’ll speak directly to NHS Scotland.
- Private treatment
The complaints procedure differs if you received private healthcare. The majority of independent healthcare providers fall under the ISCAS service, which is managed by the Centre for Effective Dispute Resolution (CEDR). Visit the ISCAS site to find out if the private care you received was by a provider that subscribes to ISCAS.
The Care Quality Commission (CQC) will also recognise your complaint and it might form part of an inspection. The CQC is the independent regulator for health and social care in England, and its role is to inspect NHS and independent medical providers, providing safety and oversight of services. Therefore, it cannot deal with your complaint on an individual basis.
Understanding legal claims for medical negligence
When treatment causes avoidable injury, you might be able to claim compensation from the NHS or your private provider. Medical practitioners owe you a duty of care because they accept responsibility for your treatment. An issue occurs when care falls below the standard of a competent professional, and this failure directly caused you avoidable harm. This is known as medical negligence.
Most medical negligence claims must start within three years of the injury or of you discovering that treatment caused it, with different rules for children and people who lack mental capacity. If your case meets the legal tests for avoidable harm and you’re considering claiming compensation, speaking with experienced medical negligence solicitors can help you understand the strength of your case and guide you through the process.
Alternative dispute resolution and out-of-court settlements
Not every dispute needs a courtroom hearing. Mediation and other forms of alternative dispute resolution aim to settle disagreements more quickly and with less stress than full litigation. These processes focus on discussion and agreement rather than formal argument.
For NHS claims, NHS Resolution manages clinical negligence cases and often explores outcomes where evidence supports the claim. These discussions can result in compensation without the need for you to attend court.
Other support channels and escalation options
Alongside complaints and claims, other organisations can support you:
- The Patient Advice and Liaison Service (PALS) helps patients navigate NHS systems, raise concerns informally and understand next steps.
- If a complaint remains unresolved, the Parliamentary and Health Service Ombudsman can investigate independently.
- In serious situations involving professional misconduct or systemic failings, you may also consider reporting concerns to regulators such as the General Medical Council.
Please note, if you’re If you’re not in England, the Ombudsman and PALS equivalents have different names. In Wales it’s the Public Services Ombudsman for Wales and Llais and for Northern Ireland it’s Northern Ireland Public Services Ombudsman and Patient and Client Council.
It’s understandable that you’re shaken and upset after the mistreatment you’ve received. However, there are steps you can take to make your healing journey easier.
