Clinical Negligence Solicitors

We have had an increase in the number of enquiries for potential medical negligence claims against the NHS, mostly as a result of COVID-19 and I am asked several times what do I write in my letter of complaint, what is the purpose and why is it needed.

A letter of complaint often helps with the grieving process if a loved one has passed away with no explanation or to help with investigating why you were misdiagnosed.

The purpose of writing the letter of complaint is to help with gathering evidence from the NHS to determine what their positon is on your potential claim. They may respond with a letter of response with the following outcomes:

• they may provide you with an apology;


• recognition of the inadequate treatment provided;


• you may receive an offer to settle your claim;


• they may provide sufficient evidence to prove that there is no claim.

The letter of complaint and the letter of response are two very important documents to provide to your medical negligence solicitor so that we can assess prospects of success before opening a case on your behalf.

When we speak to clients for the first time we ask them whether they have made a complaint to PALS (Patient Advice and Liaison Service) and received a response.

PALS is a liaison service between the patient and the NHS, they will help you go through the process of what went wrong during the time that you or loved one were under the care of the NHS.

In your letter of complaint, you must write the following via email or by post:

1. Write the name of the hospital your complaint is against;


2. Write your personal details on the letter, name, address, date of birth and NHS number


3. Head the letter with LETTER OF COMPLAINT;


4. Outline the reason for your complaint, e.g. I am writing to complain about the delay in diagnosis of my lung cancer;


5. Write the dates that you believe the negligence occurred;


6. Ask for a list of the doctors/nurses that treated you;


7. On what basis you are asking the hospital to investigate e.g. I was advised that I would have a scan a year later from detection of the lung nodule, however when I asked my GP, I never received a referral for the scan;


8. Explain in chronological order the sequence of events that occurred which you wish for them to investigate;


9. Ask for a copy of your medical records under the Data Protection Act 1998;


10. Ask for the hospital to provide their findings in a letter of response.

You will then receive a letter of response explaining their findings and investigation. If there is a serious breach of duty, you will be provided with a Serious Incident Report and on some occasions depending on the investigation a HSIB (Healthcare Safety Investigation Branch) report.

If you are not fully satisfied with the outcome received from the letter of response, you can revert back and ask further questions or as a final resort you can seek redress through the Parliamentary and Health Service Ombudsman (PHSO) review.

Please remember there are time limits to write your letter of complaint, this should be within 12 months from the date of negligence or your date of knowledge, after this point due to a passage of time it will be difficult for the NHS to respond.

If you have any questions relating to drafting your letter of complaint then do give our experienced medical negligence team a call.

Author Nilma Shah is a solicitor in the clinical negligence and personal injury departments at Duncan Lewis Solicitors. She has expertise in different types of serious personal injury and clinical negligence claims, these include; birth injuries, brain injuries, surgical injuries, injuries resulting from delay and injuries resulting from misdiagnosis. She provides legal representation to clients who have suffered injustice at the hands of the NHS.

For more information on writing a letter of complaint or for advice and assistance with a clinical negligence matter please contact Nilma on 020 3114 1274 or via email on nilmap@duncanlewis.com for more information.


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.