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Hospitals must investigate allegations of medical blunders – even if it exposes them to the threat of legal action.Health Secretary Jeremy Hunt said the NHS was obliged to respond to all patient complaints of poor care.
The guidance came as it emerged some hospitals have refused to investigate concerns or halted inquiries, even if the aggrieved parties only sought legal advice.
The practice should have been banned in 2009, so that hospitals could not use concerns over a potential claim as a reason to deny an investigation.
But health campaigners say confusing NHS guidance has allowed some hospitals to ignore patient grievances in the face of costly legal claims.
Now Mr Hunt has agreed to issue new regulations after lawyers for the charity Action Against Medical Accidents threatened to take the matter to judicial review.
Hospitals will have to look into all complaints, regardless of the possibility of future legal action.
Peter Walsh, the charity’s chief executive, said: ‘It’s a good step that Jeremy Hunt has decided to issue fresh guidance.
We have been promised we will be able to help draft the new guidance to hospitals making it absolutely crystal clear they cannot refuse to investigate a complaint in the face of litigation, or to avoid a possible future case.’
A Department of Health spokesman said: ‘We expect the NHS to respond to all complaints raised.
‘Following the . . . terrible events at Mid Staffs we asked Ann Clwyd MP and Professor Tricia Hart to undertake a review into how NHS organisations handle complaints.
'They will report later this autumn and we look forward to seeing their findings.’
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