What happens when medical records are reviewed?
Why medical records matter, what they can show and how independent experts use them when assessing a potential claim.
Read article →Medical negligence law is fact-specific. This article explains general principles in accessible language and is not a substitute for advice on an individual case.
Important: Do not delay seeking advice because of information on a website. Limitation can be complex and depends on the individual circumstances.
PALS can help with NHS concerns in England
The Patient Advice and Liaison Service, usually called PALS, provides confidential advice, support and information about NHS services in England. It can help patients, families and carers raise concerns, understand the complaints procedure and identify the appropriate organisation to contact.
PALS can be useful when a concern may be capable of prompt local resolution. It is not a substitute for independent legal advice and it does not decide whether the legal tests for medical negligence are met.
A formal NHS complaint in England
A formal complaint can ask the provider or responsible commissioning body to investigate care, explain what happened and identify learning or service improvements. The correct recipient depends on whether the concern involves a hospital, GP, dentist, pharmacist or another NHS service.
A clear complaint should identify the treatment, dates, people or departments involved, the issues requiring answers and the outcome sought. Keep a copy of the complaint and any response.
NHS Wales uses the Listening to People process
For concerns raised in Wales from 1 April 2026, the relevant process is called Listening to People. It replaced the previous Putting Things Right process for new concerns and uses early resolution and formal investigation stages.
The Welsh process can include an assessment of redress in appropriate cases, but its rules and limits are different from a civil medical negligence claim. People should use the route that applies to where their NHS care was provided and seek specific advice where they are unsure.
A complaint and a legal claim have different purposes
A complaint is primarily a route for answers, explanation, an apology where appropriate and organisational learning. A medical negligence claim asks whether the legal tests for breach of duty and causation are met and whether compensation is recoverable for the resulting injury and loss.
An upheld complaint does not automatically prove a legal claim. Equally, a complaint that is not upheld does not by itself prevent independent legal investigation.
Can you complain and seek legal advice at the same time?
Often, yes. The processes can run alongside each other, although the best approach depends on the circumstances. A complaint response may help clarify events, identify records or explain a provider’s position, but independent expert evidence is commonly required for a legal claim.
Tell any solicitor about an existing complaint and provide copies of correspondence. This can help avoid inconsistent accounts and focus requests for further information.
A complaint does not normally pause the claim deadline
The complaints timetable and the legal limitation period are separate. Waiting for PALS, an NHS complaint response, an ombudsman review or another investigation can leave less time to investigate and, where necessary, begin court proceedings.
If treatment was some time ago, the harm was discovered later or the deadline is uncertain, obtain legal advice promptly rather than assuming the complaint process protects the claim.
Information to keep
Useful material can include:
- The complaint, acknowledgement and final response
- Letters or emails from PALS, the provider or complaints team
- A chronology of treatment, symptoms and conversations
- Names of the organisations and departments involved
- Relevant photographs, receipts and financial documents
- Notes of any meeting or telephone call about the concern
When to consider independent legal advice
Consider advice where the care may have caused significant avoidable injury, the complaint response leaves important medical questions unanswered, future treatment or care is required, earnings have been affected or the relevant dates are approaching a possible limitation deadline.
An initial legal assessment can consider the facts without requiring you to have every medical record or a completed complaint response first.
About this article
This article provides general information. The assessment of a medical negligence claim depends on the treatment, harm, dates and supporting evidence in your individual case. Contact us if you would like the firm to consider your circumstances.
