All hospitals are under an obligation to investigate serious incidents in their hospitals. The purpose is to learn from the mistakes in order to prevent recurrence and so protect patient safety.
The Parliamentary and Health Service Ombudsman found that some hospital investigations were inadequate, of poor quality, inconsistent, not transparent and not independent.
Dame Julie Mellor, the Ombudsman, said “NHS investigations into complaints about avoidable death and harm are simply not good enough”.
The Ombudsman’s report found that a fifth of NHS investigations missed crucial evidence, an independent doctor was involved in only 52% of the investigations and in 73% of cases where the ombudsman found clear failings, the hospitals’ own investigations claimed that there were no failings. Furthermore, even when hospitals identified failings, the lessons were not passed to frontline staff so no improvements would follow.
The report called for an accredited training programme for staff carrying out investigations and new guidance.
Ann Houghton, clinical negligence solicitor at Anthony Collins Solicitors, said “many of our clients have first-hand experience of this system and the feeling of hitting their head against a brick wall when they just want to know what happened and that things will change so that other patients are safe. This report shows that sadly our clients’ experiences are not isolated events. It is particularly worrying that some investigations might not be independent and there might be a degree of ‘turning a blind eye’ to failings.
Recognising where things have gone wrong, apologising and learning from the mistake is of crucial importance in the NHS, the same as in every other business and life generally. The failings of the present system also mean people are turning to litigation in order to get answer because of the brick wall they face after making a complaint. This can be stressful for patients and costly for the NHS, both of which could often be avoided if the NHS investigations were better in the first place.”
More information
For further information or advice about the issues raised here, please contact Ann Houghton
Latest news
Double partner hire for housing and property team
Digby Morgan and Kate Davies join social purpose law firm, Anthony Collins’ housing sector and property team enhancing its expertise in affordable housing development, stock rationalisation and regeneration.
Friday 11 April 2025
Read moreStaying friends through a split
More couples are choosing to divorce as amicably as possible, demanding an increase for specialist mediation services and less contentious options, such as ‘collaborative law’. But is it really possible to split and stay friends?
Wednesday 19 February 2025
Read moreLatest webinars and podcasts
Podcast: Service charge and estate charge for registered providers
In this episode, Penny Bournes and Emma Lloyd examine how the Leasehold and Freehold Reform Act 2024 will impact private registered providers, particularly in terms of service charge administration, cost […]
Wednesday 19 March 2025
Read morePodcast: Service charge and estate charge for local authorities
In this episode, Penny Bournes and Emma Lloyd examine how the Leasehold and Freehold Reform Act 2024 will impact local authority landlords, specifically regarding service charges and estate management charges. […]
Monday 3 March 2025
Read more