• Report no:
    202300512
  • Date:
    February 2025
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health

The complainant (C) complained to my office about the care and treatment provided to their late grandparent (A) by Lanarkshire NHS Board (the Board).

A arrived at the Emergency Department of University Hospital Monklands by ambulance in the afternoon of 11 June 2022 and was admitted to hospital in the early hours of 12 June 2022. 

While in hospital, A’s condition deteriorated. Over the course of the evening of 12 June 2022, A became seriously unwell. A vomited, developed abdominal pain, and had a distended abdomen. A received abdominal x-rays and input from the surgical team, and staff attempted to stabilise A.

A small bowel obstruction (narrowing or blockage in the bowel, which usually requires urgent treatment) was identified in the early hours of 13 June 2022. Sadly, A died a short time later.

C complained to me (having been though the Board’s complaint process) about the events preceding A’s death. In particular, C complained about events relating to the assessment of A on admission and that communication with A’s family prior to A’s death was unreasonable. 

The Board reviewed this case again after receiving notification of my investigation and identified some areas for improvement. They determined that further investigation through a Significant Adverse Event Review (SAER) was not required. 

During my investigation I took independent advice from a Consultant in Acute and General Medicine. Having considered and accepted the advice I received, I found that:

Care and treatment

  • An abdominal x-ray should have been carried out when A was admitted to hospital in the early hours of 12 June 2022 on the basis of A’s presentation and also as part of an assessment for Clostridium difficile (C. diff, an infectious disease) as set out under relevant national prescribing guidelines. 
  • It was unreasonable that there was no record of an abdominal examination by a consultant on the morning of 12 June 2022 given an abdominal examination should have been carried out and documented based on A’s presentation.
  • The Board’s failure to carry out an abdominal x-ray on admission and the lack of evidence that an abdominal examination was carried out by the consultant on the morning of 12 June 2022 means that the opportunity to detect signs of bowel obstruction was missed at an earlier stage when A was stable enough to undergo life-saving treatment. Therefore, there is a prospect that A might have survived.

Communication

  • On balance, I found that the Board’s communication with A’s family was reasonable.

Taking all of the above into account, I upheld C’s complaint about A’s care and treatment. I did not uphold C’s complaint about the Board’s communication. 

I was also critical that a SAER was not held in this case given it related to an unexpected death and given the Board’s review had identified three specific points where consideration should be given to escalating to a SAER.

Finally, I found the Board’s handling of C’s complaint was unreasonable.

Further comment

It is of concern to me that I have made similar findings regarding Health Boards not carrying out adverse event reviews in other recent public reports (case references 202100979; 202209575; 202100560; 202101928; 202105840; 202200588). I intend to write to the Scottish Government and Health Improvement Scotland to draw their attention to the findings and recommendations I have made in relation to adverse event reviews in recent cases, including this one.

Recommendations

The Ombudsman’s recommendations are set out below:

What we are asking the Board to do for C:

Rec number

What we found

What the organisation should do

What we need to see

1.

Under complaint point a) I found the Board’s care and treatment fell below a reasonable standard. In particular I found the Board should have:

  1. carried out an abdominal x-ray when A was admitted to hospital in relation to A’s presentation and as part of screening for C. diff.
  2. carried out an abdominal examination on the consultant ward round the morning after A’s hospital admission and appropriately documented the results of the examination. There is no evidence that this happened which is unreasonable.
  3. the Board’s own review, which was only carried out after I decided to investigate, did not identify all of the significant failings in care and areas for improvement including that this was a potentially preventable death. This was unreasonable.
  4. the Board did not appropriately consider carrying out a SAER.
  5. in relation to complaint handling, I found that the Board’s complaint investigation was unreasonable. In particular the Board failed to update about delays to the final response and to provide a full and informed response to the complaint about A’s care and treatment.

Apologise to C for the failings identified in this investigation.

The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/meaningful-apologies

A copy or record of the apology.

By: 19 March 2025

 

We are asking the Board to improve the way they do things:

Rec number

What we found

Outcome needed

What we need to see

2.

Under complaint point a) I found the Board’s care and treatment fell below a reasonable standard. In particular I found the Board should have:

  1. carried out an abdominal x-ray when A was admitted to hospital in relation to A’s presentation and as part of screening for C. diff.
  2. carried out an abdominal examination the morning after A’s hospital admission and appropriately documented the results of the examination. There is no evidence that this happened which is unreasonable.

Patients presenting with diarrhoea and vomiting should have their symptoms fully assessed and be appropriately examined in a timely manner in line with relevant guidance.

Evidence the findings of my investigation has been shared with relevant staff in a supportive manner for reflection and learning.

By: 16 April 2025

Evidence that the Board have reviewed their guidance for the screening of C. diff to ensure it is in line with national guidance in relation to the carrying out of an x-ray with details provided of any changes and how this will be disseminated to staff. 

Evidence that the Board have reviewed their guidance for clinical staff in the medical assessment unit in relation to the carrying out of abdominal examinations and x-rays and the recording of findings with details provided of any changes and how this will be disseminated to staff.

By: 16 May 2025

 

3.

The Board’s review into A’s case following notification of my investigation did not identify all of the significant failings in care and areas for improvement, including that this was a potentially preventable death.

The Board did not appropriately consider carrying out a SAER.

Reviews into patient care should be undertaken at the right time, identify failings and good practice, and findings and recommendations are followed up, to demonstrate learning. 

Where adverse event(s) occur a significant adverse event review should be held in line with the Board’s protocols and national guidance to ensure there is appropriate learning and service improvements that enhance patient safety.

Evidence the findings of my investigation has been shared with relevant staff in a supportive manner for reflection and learning.

By: 16 April 2025

Evidence that the Board’s systems for carrying out significant adverse event reviews have been reviewed to ensure they are carried out in line with the Board’s protocols and national guidance.

By: 16 May 2025


 

We are asking the Board to improve their complaints handling:

Rec number

What we found

Outcome needed

What we need to see

4.

The Board’s complaint handling was unreasonable. In particular I found the Board should have:

  1. updated about delays to the final complaint response.
  2. identified the failings that occurred and areas for improvement during the complaint investigation, prior to contact from my office.
  3. provided a full and informed response to their complaint about A’s care and treatment.

Complaints should be investigated and responded to in accordance with the Board’s complaint handling procedure and the NHS Model Complaints Handling Procedure.

Complaints investigators should fully investigate and address the key issues raised, identify and action appropriate learning.

Evidence that these findings have been fed back to relevant staff in a supportive manner that encourages learning, including reference to what that learning is (for example, a record of a meeting with staff; or feedback given at one-to-one sessions).

By: 16 April 2025

 

Evidence of action already taken

The Board told me they had already taken action to address the issues and provided me with an action log which I am satisfied are reasonable. I will ask them to confirm that all actions are now complete and for an explanation about how they will assess their effectiveness going forward. (By 16 April 2025)

Feedback 

Points to note

In the advice I took (and accepted), the Adviser said that:

  1. the Emergency Department Nursing Record (which recorded a history of diarrhoea and vomiting) provided very useful additional information that - had it been used - may have guided the team towards earlier investigation and management; 
  2. the record made by a junior doctor who admitted A to the MAU included a picture of a hexagon to signify the abdomen, with an arrow through it, to indicate everything was fine. The Adviser said this record is not detailed, does not address bowel sounds and does not record what the doctor found, only showing that nothing was abnormal. The Adviser said that, while not unreasonable, this is a concern; and
  3. A should have been nursed in a side room until potentially infective diarrhoea or vomiting was excluded.

I am drawing these points to the Board’s attention and encourage them to consider and reflect on them, and whether there is scope for further learning from them.

  • Report no:
    202207986
  • Date:
    February 2025
  • Body:
    Greater Glasgow and Clyde NHS Board - Acute Services Division
  • Sector:
    Health

The complainant (C) complained to my office about the treatment provided to their late parent (A) by Greater Glasgow and Clyde NHS Board - Acute Services Division (the Board).

A had a number of pre-existing health conditions and had previously had a laryngectomy (the surgical removal of the larynx (voice box) which disconnects the upper airway (nose and mouth) from the lungs).  A had a laryngectomy ‘larytube’ stoma and cannula in situ (where the trachea (windpipe) is cut and then the open end is stitched onto the front of the neck).

On 20 April 2021, A had a fall at home and was taken to the Emergency Department (ED) at Glasgow Royal Infirmary (the hospital) via ambulance. A was admitted to the Acute Medical Receiving Unit (AMRU).  A Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) Order was put in place (meaning a patient does not receive resuscitation where their heart stops beating or their breathing stops). 

On 21 April 2021, A indicated that they felt that their larytube was blocked.  A student nurse provided laryngectomy care to A and was unable to replace the larytube. A experienced respiratory arrest (where breathing stops) followed by a cardiac arrest (where the heart stops beating) and sadly died. 

The Board carried out a Significant Adverse Event Review (SAER).  In their SAER, and their written response to C’s complaint, the Board’s overall conclusion was that the care provided to A was both appropriate and competent despite some failings having been identified.

C complained to my office about aspects of A’s laryngectomy care, including the decision to put a DNACPR Order in place and the conclusions reached by the SAER investigation.

During my investigation I sought independent advice from Consultant Physician in Acute Medicine and a Consultant Ear, Nose and Throat (ENT) Surgeon.  Having considered and accepted the advice I received, I found that:

  • Appropriate equipment was not available at A’s bedside for laryngectomy care.
  • It was unreasonable that A did not receive humidified oxygen in the Emergency Department and did not receive humidification in accordance with National Tracheostomy Safety Programme (NTSP) guidelines.  This may have prevented the blockage in A’s larytube from happening.
  • A student nurse acted without supervision in providing laryngectomy care to A.
  • In the circumstances, given A’s complex co-morbidities, it was reasonable for the medical team to put a DNACPR in place without discussion with the family.  Notwithstanding this, it was unreasonable (both in placing the DNACPR order and in following it through) that no distinction was made between the context of an expected death/sudden cardiorespiratory arrest and an unforeseen event/ readily reversible cause. As a result, it was unreasonable that ventilation/ resuscitation was not attempted.
  • Airway help was not sought immediately when the larytube could not be reinserted.
  • There was a failure to activate the duty of candour process in this case.
  • There was a failure to undertake a reasonable SAER that identified key learning and improvements.  This included recording conclusion Code 2 (Issues identified but they did not contribute to the event) when conclusion Code 3 (Issues identified which may have caused or contributed to the event) would have been more appropriate.

Taking all of the above into account, I upheld C’s complaints.
 

Redress and Recommendations

The Ombudsman’s recommendations are set out below:

What we are asking Greater Glasgow and Clyde NHS Board - Acute Services Division to do for the complainant:

Rec. number

What we found

What the organisation should do

What we need to see

1.

Under complaint point (a) I found:

  • it was unreasonable that appropriate equipment was not at A’s bedside.
  • it was unreasonable that A did not receive adequate humidification.
  • it was unreasonable that the student nurse acted without supervision in providing laryngectomy care to A.
  • unreasonable that airway help was not sought immediately when the laryngectomy cannula could not be reinserted.
  • it was unreasonable that ventilation/ resuscitation was not attempted.

Under complaint point (b) I found:

  • there was a failure to activate the duty of candour process in this case.
  • there was a failure to undertake a reasonable Significant Adverse Event Review that identified key learning and improvements.  This included recording conclusion Code 2 (Issues identified but they did not contribute to the event) when conclusion Code 3 (Issues identified which may have caused or contributed to the event) would have been more appropriate.

Apologise to C and her family for:

  • The failure to ensure appropriate equipment was at A’s beside.

  • The failure to administer adequate humidification to A.

  • The student nurse acting without supervision in providing laryngectomy care to A.

  • The failure to attempt ventilation/   resuscitation of A.

  • The failure to activate the duty of candour process.

  • The failure to undertake a reasonable Significant Adverse Event Review that identified key learning and improvements.   This included recording conclusion Code 2 rather than conclusion Code 3.

     

The apology should be specific and meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets

A copy or record of the apology.

By: 19 March 2025

We are asking Greater Glasgow and Clyde NHS Board - Acute Services Division to improve the way they do things:

Rec. number

What we found

Outcome needed

What we need to see

2.

Under complaint point (a) I found it was unreasonable that A did not receive adequate humidification.

Patients with laryngectomies should receive appropriate humidification as set out in The National Tracheostomy Safety Programme (NTSP) guidelines.

Evidence that:

  • these findings have been fed back to relevant staff in a supportive manner that encourages learning, including reference to what that learning is (for example, a record of a meeting with staff; or feedback given at one-to-one sessions).

  • the learning from these events is reflected in policy/  guidance and staff training with details of how this will be disseminated to relevant staff.

By: 19 August 2025

3.

Under complaint point (a) I found it was unreasonable that airway help was not sought immediately when the laryngectomy cannula could not be reinserted.

Where there is a difficulty reinserting laryngectomy cannulas, airway help should be sought without delay. 

4.

Under complaint point (a) I found it was unreasonable that ventilation/ resuscitation was not attempted in the circumstances of A’s case.

Decisions in relation to ventilation/ resuscitation when a DNACPR is in place should be taken in line with relevant national guidance.  Where a decision is taken not to follow relevant national guidance this decision, and the reasons for it, should be clearly recorded.

5.

Under complaint point (b) I found that there was a failure to activate the duty of candour process in this case.

When an incident occurs that falls within the duty of candour legislation, the Board’s Duty of Candour processes should be activated without delay.

Evidence that the Board have reviewed their Duty of Candour processes, including their process for identifying and activating the process.

By:  19 May 2025

6.

Under complaint point (b) I found that there was a failure to undertake a reasonable Significant Adverse Event Review that identified key learning and improvements. 

Local and Significant adverse event reviews should be reflective and learning processes that ensure failings are identified and any appropriate learning and improvement taken forward.  Adverse event reviews should be held in line with relevant guidance.

Evidence that the Board have reviewed their process for carrying out adverse event reviews to ensure these reviews properly investigate, identify learnings, and develop system improvements to prevent similar incidents occurring.

By: 19 May 2025

7.

Under complaint point (b) I found that the Board unreasonably recorded a conclusion of Code 2 (Issues identified but they did not contribute to the event) on the SAER when a conclusion of Code 3 (Issues identified which may have caused or contributed to the event) would have been more appropriate.

Conclusion codes on adverse event reviews should reflect the findings.

Evidence that the Board have noted the incorrect conclusion code on the SAER report and have ensured this is a matter of record either by reissuing a revised SAER report, or by issuing an addendum, in line with any relevant Healthcare Improvement Scotland guidance and advice.

By: 19 May 2025

 

We are asking Greater Glasgow and Clyde NHS Board - Acute Services Division to improve their complaints handling:

Rec. number

What we found

Outcome needed

What we need to see

8.

There was a failure to fully investigate and identify the significant failings in this case in accordance with the Board’s complaint handling procedure and the NHS Model Complaints Handling Procedure.  There was also a failure to apologise to C as part of the complaint response.

Complaints should be investigated and responded to in accordance with the Board’s complaint handling procedure and the NHS Model Complaints Handling Procedure.  Complaints investigators should fully investigate and address the key issues raised, identify and action appropriate learning and apologise where issues have been identified.

Evidence that:

  • the Board have carried out a review of the management of this case from a complaint handling perspective 
  • these findings have been fed back to relevant staff in a supportive manner that encourages learning, including reference to what that learning is (for example, a record of a meeting with staff; or feedback given at one-to-one sessions).

By: 19 May 2025

Feedback 

Response to SPSO investigation

The Board’s response to our enquiries initially provided us with the accounts of different specialists employed by the Board which differed in opinion on some significant points, without providing the Board’s overall view.  This resulted in delays to our investigation while we established what the Board’s overall view was.  When responding to SPSO enquiries, the Board should ensure that their response reflects the Board’s overall position.  I am including this as feedback for the Board to reflect on.

  • Report no:
    202111459
  • Date:
    January 2025
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health

The complainant (C) complained to my office about the care and treatment provided to their late adult child (A) by Lothian NHS Board – Acute Division (the Board). 

A was in their thirties and suffered from a number of chronic illnesses and very poor health. A had regular admissions to hospital and received treatment from community and district nurses between admissions to hospital. 

A was admitted to the Royal Infirmary of Edinburgh (the hospital) on 6 June 2021 with shortness of breath. A’s pre-existing leg wounds were treated in hospital during their admissions. A was discharged home on 24 June 2021. A continued to receive treatment at home from district nurses for their leg wounds. 

A’s condition deteriorated and they were admitted to hospital again on 26 August 2021. A’s health continued to deteriorate, and A underwent a right knee amputation on 2 September 2021. A did not make a full recovery following surgery. A remained in hospital and suffered a cardiac arrest on 11 October 2021. Sadly, A died the same day. 

C complained that A’s wounds were not appropriately assessed or treated during their admission to hospital, or during the time they were cared for at home. 

In their complaint response the Board said that throughout A’s care, where infection was suspected by the district nursing team, appropriate treatment was provided. During the course of treatment at home by district nurses, A’s care plan was reviewed regularly, changes were made to the wound care plan when necessary, dressings were changed when appropriate and a referral made to the tissue viability service. 

In response to our enquiries the Board said that there was evidence of good practice during A’s admission to hospital in June 2021 with respect to the management of A’s wounds. The Board acknowledged a wound care chart was not completed on the day of admission, but there were clear entries thereafter evidencing A’s wound care. 

With respect to A’s admission to hospital in August 2021, the Board said that A’s wound care was appropriately documented and that available records evidenced appropriate nursing care during A’s admission. 

During my investigation I took independent advice from a registered nurse. Having considered and accepted the advice I received, I found that:

Care at home

  • There was no evidence of appropriate wound assessments having been undertaken whilst A was treated by district nurses for their wounds.
  • The choice of dressings was on occasion unreasonable and inappropriate to manage A’s wounds.
  • Whilst there were occasions where the frequency of dressing changes was stepped-up to daily changes, these were inconsistent. As a result A was left with wet and foul smelling dressings, which is unreasonable.
  • There was an unreasonable delay in seeking specialist wound care when it was clear A’s wounds were deteriorating. 

Care during hospital admissions

  • During both admissions A’s wounds were not appropriately assessed and there were a number of instances of inappropriate and unreasonable wound care provided to A.
  • During A’s June 2021 admission to hospital there was an unreasonable failure to update their wound management plan and appropriately assess a deep abscess.
  • During the admission from August 2021, inadine dressings were inappropriately prescribed and applied.
  • Negative Pressure Wound Therapy (NPWT, a device to promote wound healing) was used on A’s wounds without evidence of the appropriate assessments having been carried out prior to its use. NPWT was applied in circumstances where it was contraindicated. Its use was unreasonable.
  • Clinicians and nursing staff did not appear to have the requisite knowledge in relation to the application of NPWT. 

Taking all of the above into account, I upheld C’s complaints

Recommendations

What we are asking Lothian NHS Board - Acute Division to do for the complainant

Rec. number What we found What the organisation should do What we need to see
1.

In relation to (a) and (b) I found that:

  • A’s wounds were not appropriately assessed
  • The frequency of dressing changes was not sufficient to manage A’s wounds
  • There were missed opportunities to refer A to the Tissue Viability Specialists, and that there was an unreasonable delay in making the referral
  • Dressings applied to A’s wounds were at times contraindicated or inappropriate to manage their wounds
  • Negative Pressure Wound Therapy was inappropriately and unreasonably applied to an actively bleeding wound and
  • Negative Pressure Wound Therapy was also inappropriately and unreasonably applied to a sloughy wound.

Apologise to C for the failures identified in my decision. 

The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflet.

A copy or record of the apology. 

By: 19 February 2025.

What we are asking Lothian NHS Board - Acute Division to improve the way they do things

Rec. number What we found Outcome needed What we need to see
2. A’s wounds were not appropriately assessed. Wound assessments for patients should be completed holistically and on a timely basis in line with the patient’s presentation. Assessments should appropriately document the progression/ deterioration of a patient’s wound and prescribe appropriate wound management.

Evidence that the Board have shared the decision with all staff involved with wound care in a supportive manner for reflection and learning. 

By: 19 February 2025. 

Evidence that the Board have reviewed their wound management guidance to ensure it appropriately takes into account relevant national guidance with details of how any changes will be disseminated to staff. 

Evidence that the Board have reviewed their wound care assessment training for relevant nursing staff in light of the findings of this investigation with details of how it will be rolled out to relevant staff. 

By: 16 April 2025

3. 

The frequency of dressing changes was not sufficient to manage A’s wounds. On one occasion hospital at home staff attending A inappropriately left wet and soaked through dressings for district nursing staff to change which was unreasonable, and 

Dressings applied to A’s wounds were at times not appropriate, contraindicated, or inappropriate to manage their wounds.

Wound dressings should be changed frequently enough to manage the level of exudate, to prevent ‘strikethrough’ and foul smells. Patients should not be left at home with wet or soaked through dressings unchanged.

Evidence that the Board have shared the decision with all relevant staff involved with wound care assessment in a supportive manner for reflection and learning. 

By: 19 February 2025. 

Evidence that the Board has ensured that staff delivering such services have received the appropriate training and ongoing professional development. 

This should include details of future plans to either / both provide training now and how expertise will be maintained. 

By: 16 April 2025

4.  There was an unreasonable delay in referring A to Tissue Viability Specialists and there was an unreasonable delay in making the referral.

Where a patient’s wounds deteriorate despite on-going treatment or are non-progressing over a period of time, nursing staff should consider immediate referral for specialist tissue viability assessment. 

Decisions in relation to referral should be documented and if the need for referral is identified this should be actioned without delay.

Evidence that The Board have shared the decision with relevant nursing staff involved with wound care in a supportive manner for reflection and learning. 

By: 19 February 2025. 

Evidence that the Board have an appropriate referral pathway for specialist wound management and that relevant nursing staff are aware of how to access it to make a referral. 

By: 16 April 2025.

5.

Negative Pressure Wound Therapy was inappropriately applied to an actively bleeding wound. 

Negative Pressure Wound Therapy was also inappropriately applied to a sloughy wound.

Negative Pressure Wound Therapy should be applied in accordance with manufacturers guidance and in accordance with Board policy and HIS guidance.

Evidence that the Board have shared the decision with all relevant staff involved in wound management. 

By: 19 February 2025. 

Evidence that relevant staff are aware of the Board’s policy on the use of Negative Pressure Wound Therapy and manufacturers guidelines, and 

that medical staff deemed competent in prescribing/applying Negative Pressure Wound Therapy have received training in its use. 

By: 16 April 2025

Feedback

Points to note

The ‘house held’ records which contain the written record of care provided at A’s home have been reported as lost. I encourage the Board to reflect on the circumstances leading to their loss, and whether there is any learning for them in relation to record keeping and records management policies and staff guidance.

Scottish Parliament opens applications for next Ombudsman

The Scottish Parliament has advertised for a new Scottish Public Services Ombudsman (SPSO), as the current term comes to an end in April 2025. 

The current Ombudsman, Rosemary Agnew, will conclude her term in April after years of dedicated service. Since her appointment, Rosemary has been instrumental in improving complaints handling processes and promoting fairness across Scotland's public services.