Health

  • Case ref:
    201803695
  • Date:
    January 2019
  • Body:
    NHS 24
  • Sector:
    Health
  • Outcome:
    Upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained that NHS 24 failed to handle his call appropriately. Mr C initially phoned 999 to request an ambulance for his wife (Mrs A). However, it was deemed that an ambulance was not required and Mr C was referred to NHS 24 for a further assessment of Mrs A's symptoms to be carried out. Mr C complained to NHS 24 about the call handler's line of questioning and their refusal to send an ambulance. NHS 24 acknowledged the call could have been handled better. Mr  C was unhappy with this response and brought his complaint to us.

We took independent advice from a nursing adviser who reviewed the case records and the audio recording of the call. We found that the call handler should have been more flexible in their questioning and they could have been more empathetic and understanding of Mr C's frustration. We upheld the complaint and asked NHS 24 to provide an update on the learning and improvement they had already identified.

  • Case ref:
    201800504
  • Date:
    January 2019
  • Body:
    A Medical Practice in the Tayside NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C, an advocacy worker, complained on behalf of her client (Ms A) about the care and treatment provided by the practice. Ms C complained that there had been unreasonable delays in the diagnosis of Ms A's bladder cancer and that a urology referral should have been made earlier.

We took independent advice from a GP. We found that the referral to urology (the branch of medicine that specialises in the male and female urinary tract, and the male reproductive organs) had been made at the appropriate point and that the care provided to Ms A was reasonable for the symptoms she reported across the period covered by the complaint. We did not uphold Ms C's complaint.

  • Case ref:
    201804414
  • Date:
    January 2019
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C complained about the treatment she received at the Royal Infirmary of Edinburgh. Ms C had a contraceptive device fitted and a number of months later she developed a number of symptoms including body aches, severe period pain, headaches and joint pain. Ms C only has one fallopian tube (either of a pair of tubes along which eggs travel from the ovaries to the uterus) and understood that the device should not have been fitted in patients with only one fallopian tube. Ms C complained about this and that she was not given anaesthetic during the procedure.

We took independent advice from a consultant gynaecologist (a doctor who specialises in the female reproductive system). We found that although the information about the device does caution against patients with only one fallopian tube, it does not give specific reasons why this is so. There was no clinical reason why the device could not be used in Ms C's circumstances. We also found that adequate consent was obtained along with an explanation of the possible side effects which could be encountered. There was also no requirement for an anaesthetic as it was not a surgical procedure. Therefore, we did not uphold Ms  C's complaint.

  • Case ref:
    201802900
  • Date:
    January 2019
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Miss C complained about the care and treatment she received at the Western General Hospital. Miss C had a history of breast cancer and at a routine examination a member of staff noticed some discolouration of the skin around the breast. Miss C was told by staff that they felt she may have dermatitis (a skin condition) and an urgent referral was made to the dermatology department (the  branch of medicine concerned with the diagnosis and treatment of skin disorders). Miss C was subsequently told that she had angiosarcoma (cancer of the inner lining of blood vessels, commonly found in the skin, breast, liver, spleen and deep tissue). Miss C felt that it was unreasonable that staff had thought she had dermatitis and by referring her to dermatology there was a delay in the treatment of her returning breast cancer.

We took independent advice from a medical adviser. We found that Miss C's original breast cancer had not returned and that she had developed a rare but recognised complication of breast cancer treatment, angiosarcoma. In its early stages, this can often look like dermatitis or bruising. We found that staff acted appropriately by arranging an urgent dermatology review with investigations which resulted in the correct diagnosis. There was no evidence of any undue delay in the diagnosis. Therefore, we did not uphold Miss C's complaint.

  • Case ref:
    201800744
  • Date:
    January 2019
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C complained about the care and treatment her husband (Mr A) had received at St John's Hospital following a suicide attempt. Ms C complained that Mr A was inappropriately given diazepam (a medicine used to treat anxiety), as it can be addictive.

We independent advice from a consultant psychiatrist. We found that it might have been appropriate to have given Mr A diazepam on a short term basis but the reason for prescribing it to him was not recorded. We found that when Mr A self-discharged from the hospital, there was a failure to carry out and/or document an appropriate suicide risk assessment. There was no evidence that medical staff considered detaining Mr A. There was also no evidence that they signposted him to any other sources of support or carried out any contingency planning in case his condition or level of risk to himself changed. In addition, we found that a junior medical staff member was not able to reach a senior colleague by phone for advice. Therefore, we upheld this aspect of Ms C's complaint. We also found that the board had not handled Ms C's complaint regarding the diazepam appropriately and we made a recommendation in relation to this.

Ms C also complained that there was a failure to provide Mr A with appropriate follow-up care after he self-discharged from the hospital. Mr A had been offered a follow-up appointment in two months' time. When he was unable to attend that appointment due to his poor mental health, he was offered an appointment for six months later. We found that Mr A was not given follow-up care that was appropriate to his needs, and that, in the circumstances, Mr A should have been offered an appointment within a week of him leaving the hospital. When Mr A could not attend that appointment due to poor mental health, he should have been offered a review at home. We upheld this aspect of Ms C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mrs C for failing to provide Mr A with reasonable care and treatment, for failing to provide him with appropriate follow-up care and for the inaccuracy in responding to her complaint. 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:

  • The reason for prescribing any medication, including one-off doses, should be clearly recorded.
  • If a patient wishes to self-discharge and it is unplanned, there should be adequate processes in place, and adhered to, to manage this. This should involve carrying out appropriate risk assessments, appropriately signposting patients and/or carers to crisis services and carrying out contingency planning.
  • Junior medical staff should have adequate supervision from senior medical staff, especially out of hours, and reliable mechanisms should be in place so they can contact senior colleagues for advice.
  • Patients should receive follow-up care that is sufficiently timely and robust, which is appropriate to their individual needs. If patients are unable to attend their out-patient appointment, the board should consider alternative arrangements such as home visits.

In relation to complaints handling, we recommended:

  • The board's complaints handling system should ensure that accurate responses are issued, which are based on the evidence gathered during their investigation.
  • Case ref:
    201708492
  • Date:
    January 2019
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    appliances / equipment / premises

Summary

Mrs C complained that the board failed to prevent her baby (Baby A) developing hypothermia (the condition of having an abnormally and typically dangerously low body temperature) in the hours after their birth at the Royal Infirmary of Edinburgh.

We took independent advice from a midwife. We found that Mrs C and hospital staff had different recollections of what was said about the reason why Baby A developed hypothermia. The medical records noted the likely reasons, such as possible infection or due to medication given to Mrs C during labour, but did not reach a definitive conclusion. We noted that staff gave Baby A antibiotics in line with relevant clinical guidance to ensure they recovered. We did not find evidence that the board acted unreasonably. Therefore, we did not uphold this aspect of Mrs C's complaint.

Mrs C also complained that the board's response to her complaint was unreasonable. Mrs C was particularly concerned that Baby A's hypothermia could have developed because the birthing centre was too cold. We found that the board failed to investigate this specific part of Mrs C's complaint, and did not respond to her about it, despite having noted it in their acknowledgement letter. Therefore, we upheld this aspect of Mrs C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mrs C for failing to investigate and respond to her specific complaint about the birthing centre temperature. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/leaflets-and-guidance.

In relation to complaints handling, we recommended:

  • Responses to complaints should address the points raised, or explain why information cannot be provided.
  • Case ref:
    201708065
  • Date:
    January 2019
  • Body:
    Lothian NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    communication / staff attitude / dignity / confidentiality

Summary

Ms C complained about the way her son (Mr A)'s psychiatrist dealt with communication from Mr A's father (Mr B). Mr A is estranged from Mr B, and the psychiatrist had been in contact with Mr B regarding some communication from Mr A to Mr B's work. Ms C and Mr A subsequently met the psychiatrist whose' contact with Mr B was discussed. Ms C said that the psychiatrist failed to deal with the matter in a reasonable way.

We took independent advice from a medical adviser. We found that the quality of record-keeping in relation to clinical decisions made and the rationale for these in relation to the communication was poor. We also found that the relevant guidelines in relation to consent was not followed. Therefore, we upheld Ms C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Ms C for how communication with Mr B was handled. The apology should meet the standards set out in the SPSO guidelines on apology available at https://www.spso.org.uk/leaflets-and-guidance.

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

  • Relevant staff should follow the General Medical Council guidance in relation to consent.
  • Clinical records should be audited regularly.
  • Case ref:
    201705298
  • Date:
    January 2019
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    appointments / admissions (delay / cancellation / waiting lists)

Summary

Mr C complained that there was an unreasonable delay in being offered an ophthalmology (the branch of medicine concerned with the study and treatment of disorders and diseases of the eye) appointment at Hairmyres Hospital following a referral by his optician with possible glaucoma (a common eye condition where the optic nerve becomes damaged).

We took independent advice from a consultant ophthalmologist. We found that it had been an unreasonable for Mr C to wait for seven months for the appointment. We noted that the board had apologised to Mr C for the unacceptable length of time he had had to wait for the appointment. We also found that there was a lack of documentation of the triaging process (a process in which things are ranked in terms of importance or priority) used by the board for referral to secondary ophthalmic care which made the auditing of the triage decisions impossible. We upheld Mr C's complaint.

Recommendations

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

  • Cases of possible glaucoma who have optic disc and visual field changes typical of glaucoma should be seen within four to six weeks.
  • Triage systems for referral to secondary ophthalmic care should be transparent and auditable and should specify the desired appointment time in weeks.
  • Case ref:
    201705123
  • Date:
    January 2019
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained about the care and treatment he received at Monklands Hospital. Following an accident, Mr C presented to the emergency department on three occasions over a two day period. He raised concern that doctors did not listen to his concerns about his injury and that an x-ray was not performed until his third presentation. At the first presentation, Mr C was examined for a head injury and was discharged without an x-ray being performed. Mr C returned to the department the next day and was assessed by a different doctor who also discharged Mr C. A short time later, the doctor revised their decision to discharge Mr C and he returned to the department a short time later. An x-ray identified that he had suffered a spinal fracture.

In response to Mr C's complaint, the board acknowledged that a scan should have been performed at the first presentation and an apology was offered to Mr  C. The board detailed a number of steps that would be taken to learn from the issues identified. We took independent advice from an emergency medicine consultant. We found that the board had appropriately identified all the failings in relation to this matter. We upheld this aspect of Mr C's complaint and asked the board to provide evidence of actions taken to prevent these failings reoccurring.

Following the diagnosis of a spinal fracture, Mr C experienced an episode of urinary retention (inability to empty the bladder completely) during the admission. A number of attempts at urethral catheterisation (insertion of a thin tube into the urethra to drain and collect urine from the bladder) were made, yet these were unsuccessful. Urology doctors (a doctor who specialises in the male and female urinary tract, and the male reproductive organs) offered to perform suprapubic catheterisation (surgical insertion of a thin tube through the skin to drain and collect urine from the bladder), yet Mr C did not consent to this procedure. Mr C felt that doctors did not listen to him when attempting catheterisation and was unhappy that a camera was not used to assist catheterisation. We took independent advice from a consultant urologist. We found that the attempts at catheterisation were not sufficiently documented and that the documentation regarding consent was inadequate. Therefore, we upheld this aspect of Mr C's complaint.

Finally, Mr C was unhappy that, during a previous admission to hospital a number of years before, he was not informed that he had experienced complications related to urological treatment. We did not find evidence that Mr C had experienced complications related to earlier treatment and so we were unable to conclude that there had been a failure to inform Mr C. Therefore, we did not uphold this aspect of his complaint. However, we gave feedback to the board regarding communication as it seemed that a communication breakdown had contributed to Mr C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mr C for the inadequate documentation of the urethral catheterisation attempts and the inadequate documentation of the consenting process for catheterisation. 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:

  • Where catheterisation has been attempted, this should be documented along with any complications (such as bleeding). Where the attempt fails, the size of the catheter used, the level of obstruction within the urethra and number of attempts should be clearly documented.
  • The risks and benefits of catheterisation should be explained to the patient and this should be documented. If a patient has objections or queries about catheterisation, these should be listened to, documented and resolved before proceeding with catheterisation.
  • Case ref:
    201803689
  • Date:
    January 2019
  • Body:
    Highland NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C, an advocacy and support worker, complained on behalf of her client (Mr  A) about the care and treatment for knee pain Mr A received at Raigmore Hospital. Mr A had been assessed by a physiotherapist (a person qualified to treat disease, injury, or deformity by physical methods such as massage, heat treatment, and exercise) but they did not arrange an x-ray or CT scan. Mr A's GP continued to prescribe pain relief, but as there was no improvement he sought a private opinion. The private opinion included a CT scan of the knee which identified that Mr A would require surgery for a torn cartilage. Mr A complained that there had been a delay in his treatment by the failure of the physiotherapist to arrange a CT scan of his knee.

We took independent advice from a physiotherapist. We found that the physiotherapist had taken an appropriate medical history from Mr A and an appropriate examination which resulted in a reasonable diagnosis of degenerative damage to the knee cartilage with a treatment plan of rehabilitation. There was no clinical requirement to arrange a CT scan at that time. Although it was subsequently established that Mr A had suffered an acute cartilage injury rather than by normal wear and tear, the treatment by rehabilitation can be used for either. Therefore, did not uphold Ms C's complaint.