SPSO – Who are they?
The SPSO was set up following the enactment of the Scottish Public Services Ombudsman Act 2002. The SPSO investigate complaints against various public agencies including health authorities and GP’s.
How long do you get to claim?
You have to lodge a complaint with the SPSO normally within 12 months of the medical treatment you are complaining about.
How does the SPSO investigate the complaint?
They will recover the medical records, correspond with the health authority or GP complained against and instruct expert opinions if necessary to decide the complaint.
How long does the SPSO take to deal with a complaint?
There is no set time. In complicated claims the SPSO may take many months or even years to decide a complaint.
Should you wait for the SPSO to decide the complaint before making a claim?
No. If you want to make a compensation claim you should contact us as soon as you can without waiting for the SPSO to decide. Normally the courts will not accept a medical negligence claim made more than 3 years after the treatment you are complaining about. The Courts will not accept as an excuse for making a late claim that you were waiting for an SPSO decision.
What can the SPSO do?
Even if the SPSO upholds your complaint it can’t order the health authority or GP to pay you compensation. Consequently, even where the SPSO upholds a complaint this doesn’t mean that the health authority or GP will compensate you.
Can you use the expert opinions instructed by SPSO in a civil claim?
No. The reports are confidential. In terms of the 2002 Act you can’t recover the expert opinions by order of court. This means unless the health authority or GP accept liability you have to instruct your own expert opinions anyway.
Should you complain to the SPSO?
You can if you like complain to the SPSO at the same time as making a civil claim. But you shouldn’t complain to the SPSO instead of making a civil claim if you want compensation.
Other reasons not to delay making a civil claim
If you wait on a decision from the SPSO before making a civil claim, valuable evidence might be lost. Records may be more difficult to recover. Material witnesses may move and become difficult or impossible to trace.
Internal complaints procedure of health authority
You can also if you like make a complaint directly to the health authority. Our experience is that these internal complaints achieve little. They can take many months or even years. Even if your complaint is upheld this will not result in compensation. Consequently, the only way to recover compensation is to make a civil claim.
Can you complain to the health authority and claim at the same time?
No. The internal complaints procedure of the health authority will not allow this. So you have to choose between either a complaint or a civil claim.
To discuss your case call us today on 0800 988 8082 or complete our online enquiry form and we will get back to you right away.
