This response to a Telegraph article in 2013 accurately describes the way in which the complaint process is deliberately stacked against the complainant at every turn making it ‘corrupt by design’. And this single line captures the problem in a nutshell.
In no other area is one party allowed to have complete control over evidence that might prove the complainants allegation while the other party has to beg for access to information.
Bear in mind that the ‘one party’ which has complete control is the one under investigation.
The problem is the burden of proof.
Comment on Telegraph article 27 January 2013 by “romeolima”
http://www.telegraph.co.uk/health/heal-our-hospitals/9828966/Stafford-scandal-hindsight-isa-luxury-we-can-ill-afford.html romeolima Today 07:52 AM @nautonnier.
This is a long comment from me but I hope people will read it. I absolutely agree with your sentiment but the problem is the burden of proof. Before the police can investigate, complainants often have to go through a tortuous multi-layered system that allows an internal investigation into an incident by the hospital itself without the complainant or their legal representatives being allowed to question the witnesses. Staff do not have to swear or affirm and their version of events frequently reads like a novel. Notes go ‘missing’ (this is a common event) and staff are ‘helped’ to make statements by their legal department although this is meant to be a process without lawyers on both sides. Hospital legal departments often regard this as a ‘dry run’ of a possible court case and can prepare their defence whilst obstructing the availability of medical data to the police, should they be involved, the complainants and their legal team. There is no organisation of any credibility that can carry out an investigation into an individual complaint even if this is about a patient death. The Ombudsman has proved ineffective and the system is such that the hospital already has prior knowledge of the details of the complaint as the complainant must have already gone through the hospital system prior to reaching the Ombudsman. It’s a terrible catch 22. In no other area is one party allowed to have complete control over evidence that might prove the complainants allegation while the other party has to beg for access to information. Almost all the Incident Reporting Protocols that I have read say that in the event of any incident that all notes, statements etc should be immediately captured electronically but this wealth of material, which cannot be altered, is almost never made available to the complainant. In all cases of death the Coroners Officer would appear to be the proper person to immediately seize and hold originals of all patient records whether paper or electronic while a decision to proceed to an Inquest or not is being made. In my own family’s case, the notes were held at the hospital’s litigation department for nearly six weeks before the Coroner requested a copy. This is highly unsafe as an evidential chain and we have never received all the material requested and are fairly certain that the Police would be told that material was missing and therefore the Crown Prosecution Service could not proceed.
A complainant may be shocked by a PHSO final decision, but that is effectively the end. The costs associated with judicial review are just too great for most people to bear:
“73. MR JUSTICE JAY: How much do you seek?
74. MR MAURICI: My Lord, the schedule, the total figure is £80,654.35.”
If the hospital tells the PHSO they did all they could to find missing documents, the PHSO will pass the message on to the complainant. The end.
This is the sorry truth.
Rosemary I have been visiting a trust hospital in Croydon to see a cardiologist following referral by my G.P. in Surrey in December 2016. my most recent echocardiogram was end of May and I have been told I will get the results in October.
Since February 2017 I have had about a dozen tests of various parts of my body none of which have even been reported back to me or to my G.P. .
I now have a subject access request in with the trust because I want to know exactly what is wrong or not wrong.
I shall not be taking the matter to the PHSO as they are a waste of time. I may if necessary take legal advice and prosecute for negligence . The GP who referred me did not making enquiries for test results and I have dumped him and am reporting him to the GMC.
I have come to the conclusion that there is no point in making a report to the PHSO because they are incompetent and our elected politicians have indeed been conspiring to cover up that incompetence for many, many years.
Our elected politicians benefit from the incompetence of PHSO and other regulatory bodies. Not by chance but corrupt by design.
I can say from experience that Complaints about doctors or dentists never get investigated and council and police offices and every government office is corruptlook on Google
These were not original errors, there is something really corrupt going on in the NHS..This is something else going on.. I had 6 monthly appointments in the Heath Hospital Cardiff from 2006 to 2009.. In August 2009 I signed a consent form to have a stent done, I signed the form for this to be done for the 6th January 2010.. My own GP had no knowledge of the Hospital appointments, and the various tests I had on these appointments.. I did NOT have any heart tests at all in this time.. My GP had no knowledge I was going to have a stent done.. I signed the consent form with a Registrar in Dr. Ossie Gerning s cardiology clinic in the Heath Hospital Cardiff..The Doctor s name was Dr Hong or Heung..There was a lot of consternation at the time , when I had reason to ask questions in November 2009 ..There is an awful lot more to add here.. The harassment and the invasion in my life with the Smear Campaigns and Gangstalking is still going on to this day… I had diagnosis of various ailments during the 3 years of Hospital appointments (diverticulitis and hiatus hernia) which my GP didn’t know about, even though he was giving me repeat prescriptions for Lanzoprazole . The initial prescriptions were given to me by another Doctor in the Heath Hospital Cardiff…He was another
Registrar Dr S, an Asian Doctor who oversaw ALL of the appointments during the visits to the Heath Hospital from 2006 to 2009.. He was the one who sent me over to Dr Hong in the cardiology Clinic..
A series of cock ups were made by admin staff at a large Trust in Greater London since January 2017.
I have just had the report from the CEO of that Trust with a grovelling apology . The investigation by his senior staff was just another series of cou8ck ups.. Nothing deliberate – so far.
I shall not be going to complain to PHSO because it is a waste of time. So will be taking my previous G.P. and the Trust to court to highlight their joint incompetence and failure to administer my care in a competent manner.
There is no doubt, in my mind that NHS England is corrupt, and also abysmally failing to investigate complaints against their contractors, but staff in local Trusts are overworked and as a result not competent to complete the tasks set them by management., , who then cover up for themselves.
You say ‘ nothing deliberate’, That is where you’re mistaken.. This is deliberate, the way they work , the way it is..You may like to know that Cardiff and the Vale Trust is really corrupt as well.. The Staff there are professional Gangstalkers.. There are a lot of FAT CATS in positions in these Trusts..They would not like to give up their cream, so they sell their souls..You are nothing to them.. They only care about the here and now FOR THEM… I would not put any trust in G P.s. I could write a book on the antics of Whitchurch Village Practice in Cardiff..
Rosemary. I can sympathise with your extreme anger against those who have caused you harm. But the original errors are genuine, it is the cover up afterwards which are so horrendous. By managers and staff living in fear of their own careers , covering up for mistakes made by consultants and G.P.s
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I dont believe it is cock ups..I believe there is a determined intention to cover ups. The NHS is so corrupt now I dont think they know the truth anymore. I dont think they even want to…Evasion is their motto.. With Government backing….
I agree. It has to be deliberate.
I have over the past two years been using the 1998 Data Protection Act to find evidence of negligence. I have come across a G.P.. practice who have no concept of what a “subject access request ” is. It took me over nine months to get details of the treatment I failed to receive at their hands. . I am now dealing with an NHS Trust based in greater London whose “Information Governance officer ” has no idea what they are doing. and I am now having to drag information out of them. Just had l grovelling letter of apology from the CEO of the same Trust whose staff investigated my complaint and were so incompetent they could not even get the dates of appointments correct . Many will believe that there is a conspiracy to hide information which in some cases there certainly is, but I now believe that in the majority of cases it is cock up. Cock ups are defined as human error, but until staff at every level l in the NHS own up to cock ups, there will be more deaths and confusion caused by stupid mistakes which unless they are exposed will be repeated. In the meantime staff employed by the PHSO blunder on drawing fat salaries and continue to destroy any credibility they or Parliament ever had.
I have every sympathy with you.
Our own medical records should be made available to us 24/7 immediately via electromic means.
No ifs, no buts.
We are the data subjects of this material.
Rosemary there is still no central record for health records.. I live in Surrey, and the hospital in Croydon greater London cannot access my medical records, because they have a different computer system In order to track my medical records and personal data I have had to go to nine different sources, including the County Council adult social services.. The NHS is not National at all, it is massive diversity of incompetent administrators operated by highly paid people who neither know nor care about the “customer” ” consumer”
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I did not need a stent done then or now. I do not trust the NHS at all.. I have even tried to leave this country.. Whistleblowers are cornered literally.. There is an awful lot to tell, of the people involved with the continued harassment..
AI and RAI (just a little cryptic message) to let them know I KNOW….
I am trying to warn the British Public about Human Organ Trafficking in the NHS… I can actually pin point 2 Doctors in the Heath Hospital Cardiff who were working there in 2009. One of them since 2006..He is the one who gave me 6 monthly appointments from 2006 to August 2009. I had various tests over these 3 years. The appointments were made through the Heath Hospital. My own GP had no records of these appointments. The Chinese Registrar I met in the Cardiology clinic in August 2009 had me sign a consent form for a Stent to be done to my heart for 6th January 2010.. I had not had any tests to my heart. I stumbled on irregularities only by chance in November 2009.. My GP had no knowledge of my impending operation.. I have been harassed every single day of my life since then.. The Gangstalking and lies and smear campaigns are a way of life for me.. There is a lot more I can add.. I have been assaulted 3 times since 2014.. I have also been a victim of a hit and run that I had to fight the Police over.. Much more I could add.. On 22nd of March 2018 I was convicted of a crime I did not commit, on the sheer lies of a Special Constable in Cardiff.. I could go on and on.. The Harassment has left me literally homeless, and I have spent some nights in Hostels… I am 70 years old.. My health has suffered. . I have been trying to warn people since 2012 on Twitter…
This is so shocking Rosemary. I am so sorry. A few years ago I wouldn’t have believed it but my eyes have been opened to the corruption in the Health Service and public bodies.