New Customer Service Standards

We have updated our Customer Service Standards and are looking for feedback from customers. Please fill out our survey here by 12 May 2025: https://forms.office.com/e/ZDpjibqe8r 

Health

  • Case ref:
    201805548
  • Date:
    May 2019
  • Body:
    A Dentist in the Lothian NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Miss C complained about the treatment she received from her dentist. She said that she had presented with a small chip on a tooth and that the dentist had put on a small filling which repeatedly fell off. Miss C said that at the time of the filling the dentist ground the tooth down with an implement. Miss C said that when the filling fell out she was left with an unsightly tooth and she continually had to pay for the filling to be replaced.

We took independent advice from a dentist. We found that there was no evidence that the treatment provided was inappropriate or that it was the cause of the filling repeatedly falling out. The records indicated that the dentist had listened to Miss C's concerns about the tooth and explained the potential treatment options. We considered that the problems Miss C reported to the dentist were likely to have been caused by natural wear and tear and that it was appropriate to have offered her the different treatment options. We did not uphold the complaint.

  • Case ref:
    201708311
  • Date:
    May 2019
  • Body:
    Fife NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    admission / discharge / transfer procedures

Summary

Mrs C complained on behalf of her husband (Mr A) about the care and treatment he received. Mr A was admitted to Queen Margaret Hospital for surgery to treat a hernia (where an internal part of the body pushes through a weakness in the muscle or tissue near the belly button). He was discharged home on the same day as his surgery. However, Mr A began to experience pain at home that worsened overnight. Early the next morning, Mr A was taken by ambulance to Victoria Hospital. He was found to have suffered a serious complication from his surgery.

Mrs C complained that Mr A should not have been discharged home after his surgery at Queen Margaret Hospital. We took independent advice from a general and colorectal surgeon (a surgeon who specialises in conditions in the colon, rectum or anus). We found that it was reasonable that Mr A was discharged home, as his did not yet have signs of any complication from the surgery and his recovery was as expected. We did not uphold this aspect of the complaint.

Mrs C also complained that when Mr A arrived at Victoria Hospital, he was not assessed at A&E before he was transferred to the surgical assessment unit. We took independent advice from an emergency medicine consultant. We found the board's process is that where a patient has recently undergone surgery, they are transferred straight to the surgical assessment unit if they are clinically stable. We found that the process was reasonable and safe and it did not cause any undue delay in Mr A's care and treatment. We did not uphold this aspect of the complaint.

  • Case ref:
    201805122
  • Date:
    May 2019
  • Body:
    Dumfries and Galloway NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained about the lack of pain relief provided to his late mother (Mrs A) and that she did not have a regular doctor who saw her during her admission to Castle Douglas Hospital. Mr C also complained about the board's communication with him about the decline in his mother's condition.

We took independent advice from a nursing adviser. We found that Mrs A's pain was assessed appropriately during her admission and the pain relief provided to her was reasonable. Mrs A was reviewed by doctors during her admission and the input from medical staff was reasonable. We also found that the board's communication with Mr C was reasonable. Therefore, we did not uphold the complaints.

  • Case ref:
    201803700
  • Date:
    May 2019
  • Body:
    A Medical Practice in the Dumfries and Galloway NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained about the care and treatment given to her late husband (Mr A) by the practice before his death. In particular, she said that he was given a specific medication in tablet form althought it was known that he had swallowing problems, that communication from the practice had been poor and that Mr A had had sepsis (a blood infection) which had gone undiagnosed.

We took independent advice from a GP. We found that Mr A was taking many different medications all in tablet form and there was no information in his medical records to indicate that he had a problem swallowing medication. We also found that the records showed appropriate communication and no evidence that Mr A had sepsis.

We did not uphold the complaint.

  • Case ref:
    201803694
  • Date:
    May 2019
  • Body:
    Dumfries and Galloway NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    nurses / nursing care

Summary

Mrs C complained about the nursing care and treatment given to her late husband (Mr A) at Dumfries and Galloway Royal Infirmary. She also complained that communication by the board was poor.

Mr A had a complicated medical history. As he began to experience an increase in symptoms, he was admitted to hospital. Mrs C said that when she visited she found him in an undignified state. Later, she found that he had six stitches to a head wound, about which she had not been informed.

We took independent advice from a registered nurse. We found that the assessment taken on Mr A's admission noted that he could not properly answer questions to elicit information about his mental state, and that despite this, no further enquiries were made into whether or not he could be experiencing delirium, as was required. Similarly, despite his low score about his mental state, which should also have triggered a falls prevention plan and care plan, this did not happen. Mr A went on to fall twice, the second fall required him to have stitches. Furthermore although Mr A also appeared to be suffering delirium, the prescribed care for this was not evidenced in the nursing records and there were gaps in his care. We also found little record of conversations with Mrs C and she had not been told about his head wound until she visited him.

Given these failures, we upheld both aspects of Mrs C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mrs C for the identified failures in Mr A's care and treatment.
  • Apologise to Mrs C for failing to communicate in a reasonable and appropriate way. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/leaflets-and-guidance.

What we said should change to put things right in future:

  • Patients admitted to hospital should have falls risk assessments carried out in line with the Board's Falls Management Policy and assessments identified following review, carried out promptly. Nursing care provided to patients should be in line with the Nursing and Midwifery Code, particularly in relation to the importance of good record-keeping. Patients should receive medication as prescribed and this should be documented appropriately.
  • Family members and carers, as appropriate, should be kept up-to-date about a patient's treatment and condition. Where specific and reasonable requests for meetings/discussions have been made, these should take place and be recorded.
  • Case ref:
    201801523
  • Date:
    May 2019
  • Body:
    Dumfries and Galloway NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained about the treatment her mother (Mrs A) received when she attended the emergency department at Dumfries and Galloway Royal Infirmary having experienced a fall, and loss of mobility in her legs. Mrs A was discharged from hospital the same day. The following day, Mrs A was unable to mobilise and was admitted to hospital, where it was later discovered that she had suffered a stroke. Mrs C was unhappy that Mrs A was discharged, and complained that the opportunity for mitigating treatment for Mrs A's stroke and for further observation was lost. Mrs C said Mrs A had been visited at home by her GP the week earlier and that the GP said Mrs A might have had a slight stroke. Mrs C was unhappy that Mrs A's GP had not been consulted.

We took independent advice from a medical adviser. We found that the medical treatment Mrs A received was reasonable, and that, on the basis of tests appropriately carried out, stroke was not expected as the cause of Mrs A's mobility problems. We considered that, in the circumstances, stroke mitigating treatment would not have been appropriate and would not have altered the outcome for Mrs A. Therefore, we did not uphold this aspect of Mrs C's complaint.

Mrs C also complained about the board's handling of her complaint. We found that Mrs C's complaint was not acknowledged or responded to within the correct timescale. We found that the board had already acknowledged these shortcomings, had apologised, and had explained the action they were taking to address them. Mrs C also raised some issues that were not addressed in the board's response. We found that a clearer explanation could have been given for the reasons for Mrs A's discharge. Therefore, we upheld this aspect of Mrs C's complaint.

  • Case ref:
    201801992
  • Date:
    May 2019
  • Body:
    Ayrshire and Arran NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C complained about the care and treatment her husband (Mr A) received from the board at University Hospital Crosshouse. Ms C complained that there was a delay in diagnosing and treating Mr A's squamous cell carcinoma (a type of cancer of the skin's cells). Mr A had been under the care of the board, as he had a suspicious area of damage on his tongue. Mr A was later diagnosed with cancer in his tongue, which had spread to his neck. Mr A's cancer appeared to have been successfully treated with surgery and chemo-radiotherapy (where drugs and high-energy waves are used to treat cancer cells), however, Mr A's cancer was later found to have returned and spread further. Mr A died of widespread cancer later that year.

We took independent advice from a consultant ear, nose and throat (ENT) and head & neck surgeon. We found that there was an unreasonable delay in telling Mr A he might have cancer in his tongue and in carrying out surgery on Mr A's tongue, once the decision to treat it had been made. We also found that when Mr A later complained of pain in his shoulder, this should have been noted in his medical records and it was not. Therefore, we upheld Ms C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Ms C for the failings identified in Mr A's care and treatment. The apology should meet the standards set out in the SPSO guidelines on apology available at: www.spso.org.uk/leaflets-and-guidance.

What we said should change to put things right in future:

  • Patients suspected to have cancer should receive prompt treatment once the decision to treat has been made.
  • The board should ensure that there is appropriate recording of reported symptoms at clinic appointments.
  • Report no:
    201800964
  • Date:
    April 2019
  • Body:
    Grampian NHS Board
  • Sector:
    Health

Summary

Mrs C complained about the care and treatment given by Grampian NHS Board (the Board) to her late mother (Mrs A) during the period after she had a coronary artery bypass graft (a surgical procedure to treat coronary heart disease) and an aortic (heart) valve replacement in December 2016, until her death in March 2017.

Mrs A had a history of type 2 diabetes and after her operation she experienced significant delirium and a stroke. Her leg wound also broke down and became infected. Because of her changing and deteriorating symptoms, Mrs A moved on a number of occasions between Aberdeen Royal Infirmary (ARI) and Woodend Hospital. Regrettably, Mrs A’s condition deteriorated and she died in March 2017.

Mrs C was unhappy with Mrs A’s care and treatment and complained to the Board. They said that her case had been a complex one and that although her outcome had been poor, Mrs A had been treated by appropriate specialists and that management decisions made at each stage of her illness appeared to have been reasonable.

We took independent advice from a consultant geriatrician and from a registered nurse specialising in tissue viability. We found that while she was in ARI some of Mrs A’s post-operative problems could have been expected in someone with her complex health and overall frailty. However, insufficient attention had been paid to her symptoms of delirium in relation to her more surgical complications despite them causing Mrs A significant distress. We also found that the Board’s own pressure ulcer prevention and management pathway had not been followed; there were delays in referring Mrs A to the tissue viability team, her wounds were not attended to frequently enough and inappropriate dressings were used.

While we found that Mrs A’s medical care improved when she was initially transferred from ARI to Woodend Hospital for rehabilitation and more attention was paid to her delirium, the nursing care of her leg wound remained extremely poor and caused Mrs A pain and distress which were all avoidable.

Finally, we found that there had been a lack of information given to the family by ARI about Mrs A’s delirium and little to no evidence of discussion between nursing staff and the family. This was an extremely distressing time for Mrs A which was compounded by a lack of information.

We upheld Mrs C’s complaints and made a number of recommendations to address the failings identified.

 

Redress and Recommendations

The Ombudsman's recommendations are set out below:

What we are asking the Board to do for Mrs C:

Complaint number

What we found

What the organisation should do

Evidence SPSO needs to check that this has happened and the deadline

(a)

Mrs A’s post -operative care in ARI fell below a level she and her family could have expected; there was a lack of attention to her delirium management and her wounds and pressure ulcer were not treated appropriately

Apologise to Mrs C for the failure of ARI to give proper care and attention to the symptoms of Mrs A’s delirium and to her wounds

A copy or record of the apology made

 

By: 17 May 2019

(b)

While she was a patient in Woodend Hospital, the attention paid to Mrs A’s leg wound and sacral pressure sore remained poor: no referral was made to Tissue Viability; her leg wound was not dressed with appropriate products; a review did not take place until 16 February 2017; important documentation (the Applied Wound Management Chart) was not completed.  Similarly, her sacral pressure sore did not receive appropriate and reasonable attention

Apologise to Mrs C for the failure of Woodend Hospital to give Mrs A's leg wound and sacral pressure sore the required care and treatment

A copy or record of the apology made

 

By: 17 May 2017

(c)

The level of communication with Mrs A’s family was not what they could have reasonably expected

Apologise to Mrs C for the failure of Board staff to communicate reasonably and appropriately

A copy or record of the apology made

 

By: 17 May 2019

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

Complaint number

What we found

What should change

Evidence SPSO needs to check that this has happened and deadline

(a)

Mrs A’s post-operative care in ARI fell below a level she and her family could have expected; there was a lack of attention to her delirium management and her wounds and pressure ulcer were not treated appropriately

Proper care and attention should be given to the symptoms of delirium.  The Board should follow the Health Improvement Scotland (HIS) Standards for the prevention and management of pressure ulcers; staff should have wound knowledge of how to assess and dress a wound appropriately and be aware when to refer to the Tissue Viability Service

 

 

Evidence that the Board are improving the care of patients with delirium. Also evidence that they have taken measures to improve the clinical knowledge of the staff concerned in relation to pressure ulcers, wound management and referrals to the Tissue Viability team

 

By: 17 July 2019

(b)

While she was a patient in Woodend Hospital, the attention paid to Mrs A’s leg wound and sacral pressure sore remained poor: no referral was made to Tissue Viability; her leg wound was not dressed with appropriate products; a review did not take place until 16 February 2017; important documentation (the Applied Wound Management Chart) was not completed. Similarly, her sacral  pressure sore did not receive appropriate and reasonable attention

Proper care and attention should be given to the symptoms of delirium in line with HIS Scotland Standards for the management of delirium.  The Board should follow the HIS Standards for the prevention and management of pressure ulcers; staff should have wound knowledge of how to assess and dress a wound appropriately and be aware when to refer to the Tissue Viability Service

Evidence that the Board are improving the care of patients with delirium. Also evidence that they have taken measures to improve the clinical knowledge of the staff concerned in relation to pressure ulcers, wound management and referrals to the Tissue Viability team

 

By: 17 July 2019

(c)

The level of communication with Mrs A’s family was not what they could have reasonably expected

Particularly where there are capacity issues, staff should communicate with family members in a reasonable and appropriate manner

All staff who were involved in Mrs A’s care and treatment were made aware of the outcome of this report and were reminded of their obligations to communicate clearly with family members

 

By: 17 May 2019

 

We are asking The Board to improve their complaints handling:

Complaint number What we found Outcome needed What we need to see
(a) and (b)

The Board's investigation failed to identify the significant failures in Mrs A’s care, in particular, in relation to the management of her delirium and her wound/pressure ulcer

The Board’s complaint handling monitoring and governance system should ensure that failings (and good practice) are identified and learning from complaints are used to drive service development and improvement

 

 

Evidence that SPSO's findings on this complaint have been fed back in a supportive manner to the staff involved in investigating Mrs C’s complaints and that they have reflected on the findings of this investigation. (For instance, a copy of a meeting note or summary of a discussion)

 

By: 17 July 2019

  • Case ref:
    201708281
  • Date:
    April 2019
  • Body:
    Tayside NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained about the treatment which she received at Ninewells Hospital. Mrs C had been receiving iloprost infusions (intravenous medication) for a number of years for her medical conditions which included Raynaud's disease (numbness in fingers or toes). However, the board had changed the criteria for iloprost infusions and advised Mrs C that the infusions would stop. Mrs C felt that this was unfair as the treatment had provided her with relief from her symptoms.

We took independent advice from a consultant physician and rheumatologist (a doctor who specialises in the diagnosis and treatment of rheumatism, arthritis, and other disorders of the joints, muscles, and ligaments). We found that the criteria followed by the board in relation to iloprost infusions was reasonable and that while Mrs C may have benefitted from the treatment, there was no clinical evidence that this was the case. We also found that the board had offered to refer Mrs C to another health board who would offer the treatment as a temporary measure. The board also suggested reasonable alternative treatment options and were continuing to do so. Therefore, we did not uphold the complaint.

  • Case ref:
    201707309
  • Date:
    April 2019
  • Body:
    Tayside NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C complained to us about the care and treatment her son (Mr A) had received at Ninewells Hospital. Mr A was admitted to the Intensive Care Unit (ICU) with pneumonia (an infection of the lungs) and died within a month of his admission. In particular, Ms C complained that there was a delay in referring Mr A for surgery to treat his pneumonia.

We took independent advice from a consultant in intensive care medicine. We found that there were no failings in the management of Mr A's pneumonia and that his treatment was reasonable and appropriate.

Ms C also complained that Mr A was kept awake during his time in the ICU, even though he had mental health issues and he was experiencing alcohol and nicotine withdrawal. We found that Mr A's level of sedation was assessed appropriately on a daily basis and that he was given a combination of sedative medication that was appropriate for his individual needs. However, we found that in future, the board may wish to consider the use of nicotine patches for patients withdrawing from nicotine.

Ms C raised concerns that there were delays in treating Mr A's diarrhoea. We found that he was appropriately investigated for any underlying infection and in the meantime, his diarrhoea was managed appropriately through the use of a flexiseal device (a bowel movement management device).

We considered that the care and treatment Mr A received was reasonable and did not uphold Ms C's complaint.