Collection
Case Study: Hospital refused to deal with bereaved parents’ complaint as it was ‘outside time limit’
Published on
Last updated on
Published on
Last updated on
A couple contacted the Ombudsman after the Rotunda hospital refused to deal with their complaint as it was made outside the 12-month time limit for making complaints to it. The couple wanted to complain about their poor experience at the hospital during the birth of their baby who died shortly after birth.
The couple explained that the period since the loss of their child had been very difficult for them both and that the process of preparing the complaint was very emotionally challenging and brought back painful memories for them. They also pointed out that they were unaware of the 12-month limit for making complaints and that in fact, some of their concerns related to issues that occurred within the 12-month timeline.
They had met with the hospital some months after their loss but felt that all their concerns had not been adequately addressed. They subsequently made a complaint to the hospital but it would not accept the complaint saying that more than 12 months had elapsed since the issues they raised had occurred.
The hospital, while expressing sympathy for the couple, decided that an exemption to the time limit would not be granted. It stated that from past experience, it had found that the longer the time interval between the event and reviewing matters raised in complaints, the less likely staff are to have any recollection of events.
The Health Act 2004 sets out the arrangements for dealing with complaints about a hospital and includes a 12-month time limit for making a complaint. However, this time limit may be extended by a hospital where special circumstances make it appropriate to do so.
The Ombudsman was concerned that the hospital’s approach to the special circumstances that arose in this case was unfair. The loss of a child is a devastating experience. Bereaved parents will inevitably require time to begin to deal with their sadness and grief. It may take time before they are in a position to reflect on their hospital experience, and empathy and understanding is required. The Ombudsman believed that the circumstances surrounding this case was a very understandable reason as to why this couple was not in a position to pursue their concerns with the hospital until some time had passed. The Ombudsman asked the hospital to review its decision.
In response to the Ombudsman’s concerns the hospital agreed to accept the complaint and to contact the couple to discuss how best they wished to progress their complaint. The couple were satisfied with the outcome and that they would have an opportunity to have their complaint addressed.