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Health

  • Case ref:
    201803549
  • Date:
    January 2019
  • Body:
    Grampian NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained about the care and treatment he had received at Dr Gray's Hospital. Mr C, who had a history of heart problems, had attended a consultation at the cardiology unit (the branch of medicine that deals with diseases and abnormalities of the heart) where investigations were carried out and he was told there was no cause for concern. However, Mr C suffered a heart attack three months later and had to be fitted with a stent (tube inserted in a blocked artery to keep it open). Mr C felt that the previous investigations must have shown that he was at risk of a heart attack and that preventative action should have been taken.

We took independent advice from a cardiac consultant. We found that the previous investigations were appropriately carried out and reported on and it was reasonable for the clinicians to have diagnosed that Mr C had mild and stable angina (chest pain). The clinicians involved could not have predicted that Mr C would go on to suffer a heart attack after such a short period of time. We did not uphold the complaint.

  • Case ref:
    201803366
  • Date:
    January 2019
  • Body:
    Grampian NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained about the care and treatment he received at Woodend Hospital. Mr C had suffered knee problems for a number of years and had been refused surgery as his Body Mass Index (BMI - weight health calculation) was too high. Mr C lost a substantial amount of weight and reduced his BMI. Mr C was then reviewed by a consultant who said that they would not consider surgery unless he lost at least a further three and a half stone in weight.

We took independent advice from an orthopaedic consultant (a specialist in the treatment of diseases and injuries of the musculoskeletal system). We found that Mr C had previously been given a target BMI which he reached. However, when Mr C was reviewed by the consultant, they felt that Mr C needed to achieve an even lower BMI before they would consider surgery. We considered that Mr C had persevered with his weight loss attempts and that it was then unreasonable for the consultant to have decided that Mr C continue to lose a further substantial amount of weight. Therefore, we upheld Mr C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mr C for asking him to lose a further three stones in weight before staff would consider surgery. 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:

  • Staff should review the decision as Mr C had reached the target BMI for consideration of surgery.
  • Case ref:
    201706330
  • Date:
    January 2019
  • Body:
    Grampian NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained about the care and treatment that his wife (Mrs A) received from the board's gastroenterology department (the branch of medicine which deals with disorders of the stomach and intestines) at Aberdeen Royal Infirmary for her abdominal problems. A number of tests were carried out and it was considered that she had probable small bowel Crohn's disease (a long-term condition that causes inflammation of the lining of the digestive system).

We took independent advice from a consultant gastroenterologist. We found that Mrs A's case was complex. Whilst there had been a short delay in her seeing a consultant, this was not unreasonable. That said, we found that there had then been an unreasonable delay in carrying out an urgent colonoscopy (examination of the bowel with a camera on a flexible tube) that had been requested for her. However, in their response to Mr C's complaint, the board said that this had been reviewed and action had already been taken to prevent similar delays. We also found that given staff were aware of Mrs A being atypical for a Crohn's disease patient, alternative / additional diagnoses, including a psychological diagnosis, should have been considered, documented, discussed and treated earlier in the course of her assessment. Staff should have concentrated more on controlling Mrs A's symptoms and considered more active treatment for irritable bowel syndrome type symptoms. In view of these failings, we upheld this aspect of Mr  C's complaint.

Mr C also complained that the board's response to his complaint was unreasonable. Given the symptoms Mr C had described in his complaint to the board, we found that the board should have explored what further treatment should be provided to Mrs A and referred to this in their response. Given the failure to do so, we also upheld this aspect of Mr C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mrs A for the delay in carrying out an urgent colonoscopy, failing to concentrate on controlling Mrs A's symptoms and failing to explore what further treatment could be provided to Mrs A. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/leafletsand-guidance.
  • Review Mrs A's treatment to ensure it is appropriate.

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

  • In cases similar to Mrs A's where a patient's presentation with Crohn's disease is atypical, staff should consider alternative/additional diagnoses.

In relation to complaints handling, we recommended:

  • In complaints, where complainants have raised concerns about the lack of treatment being provided, the board should explore what further treatment should be provided and refer to this in their response.
  • Case ref:
    201707103
  • Date:
    January 2019
  • Body:
    A Dentist in the Forth Valley NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained that the dentist unreasonably failed to diagnose the cause of his facial pain. Mr C said that he attended his dentist but was told there was nothing wrong with his teeth. He continued to see his GP about his facial pain and several medical investigations were carried out. Fourteen months after Mr  C had attended his dentist, he saw a specialist who found out that he had a long- standing infection.

We took independent advice from a dental adviser. We found that the treatment decisions and management of Mr C was reasonable in the circumstances, as was the failure to diagnose an infection. We did not uphold Mr C's complaint.

  • Case ref:
    201706114
  • Date:
    January 2019
  • Body:
    A Medical Practice in the Fife NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained about the care and treatment provided to her mother (Mrs A) by the practice. She complained that Mrs A's symptoms and medical and dental history were largely ignored. Mrs C felt that Mrs A's life was cut short as a result of poor care and treatment by the practice.

We took independent advice from a GP. We found that the care and treatment provided to Mrs A by the practice was of a reasonable standard. We found no evidence that the practice had failed to act on abnormal results or that the practice failed to arrange appropriate investigations and referral to secondary care. We did not uphold the complaint.

  • Case ref:
    201706113
  • Date:
    January 2019
  • Body:
    Fife NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained about the medical care and treatment her late mother (Mrs A) received when she attended the Victoria Hospital. In particular that more could have been done by the cardiac service to investigate Mrs A's symptoms and diagnose her.

We took independent advice from a consultant cardiologist (a doctor who specialises in the heart and blood vessels). We found that there had been some shortcomings in relation to aspects of communication, however, this did not impact on Mrs A's condition. We found that overall the care and treatment Mrs A received had been reasonable. We also noted that the timing of the cardiac tests less than two weeks after a referral from a GP demonstrated good practice and a responsive organisation. We did not uphold Mrs C's complaint.

  • Case ref:
    201803425
  • Date:
    January 2019
  • Body:
    Dumfries and Galloway NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained about the care and treatment he received at Dumfries and Galloway Royal Infirmary. Mr C received an injection into his hip for pain relief but the needle was placed in the wrong place causing Mr A pain. Another consultant had to remove the needle and gave a further injection in another place. Mr C said that he continues to suffer pain from the procedure and that he had been unable to return to work.

We took independent advice from an orthopaedic consultant (a specialist in the treatment of diseases and injuries of the musculoskeletal system). We found that adequate consent had been obtained from Mr C and that he was advised of the potential risks and the possibility that the procedure may not be successful. We noted that Mr C had suffered a rare but recognised complication of the procedure. The supervising consultant had to take over when difficulties were encountered and this is normal practice. Therefore, we did not uphold Mr C's complaint.

  • Case ref:
    201800823
  • Date:
    January 2019
  • Body:
    A Medical Practice in the Borders NHS Board area
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained about the care and treatment provided to his late mother (Miss  A) by the practice. He complained that the decision to initiate end of life care for Miss A was unreasonable and that she should have been moved to a more appropriate facility for active treatment.

We took independent advice from a GP. We found that the decision to commence Miss A on end of life care was reasonable as she was no longer responding to treatment. We further found that it would not have been appropraite to transfer Miss A to a different facility. We did not uphold this aspect of Mr C's complaint.

Mr C also raised concerns about the practice's handling of his complaint, as they had declined to release any information to him due to him not being Miss A's recorded next of kin and them having no information regarding his position to make a complaint. We found that whilst it was not unreasonable for the practice to take this position, it would have been helpful for them to acknowledge Mr C's complaint in a timely manner and seek further information from Mr C regarding Miss A's personal representative. We also found that the practice failed to respond to Mr C within 20 working days and did not signpost him to this office. We upheld this aspect of Mr C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mr C for failing to handle his complaint in a reasonable manner. 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:

  • Complaints should be handled in line with the model Complaints Handling Procedure.
  • Case ref:
    201704980
  • Date:
    January 2019
  • Body:
    Ayrshire and Arran NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained about the care and treatment that was provided to her at University Hospital Crosshouse for a melanoma in situ (an early stage of skin cancer where the cancer cells are in the top layer of skin) on her face. Mrs C was concerned that the consent process for the procedure to remove the melanoma was inadequate, as she had been unaware that she would be left with a scar far larger than the area of skin removed. Mrs C complained about the procedure that was carried out and considered that the overall handling of her complaint was unreasonable.

We took independent advice from a consultant maxillofacial surgeon (a doctor who specialises in treating diseases and injuries to the mouth, jaws, face and neck). We found that the procedure carried out to remove the melanoma in situ was appropriate for Mrs C and there were no concerns about the standard of the surgery itself. However, we found that the consent process had been inadequate and that the operation note was not sufficiently detailed. Neither of these records included a diagram to aid understanding of the procedure, and there was no evidence that the extent of the wound Mrs C would be left with had been discussed before the surgery. The advice also highlighted that, despite the fact that the melanoma in situ was in a cosmetically sensitive area on Mrs C's face, no photographs were taken prior to initial investigations. We upheld Mrs C's complaint about care and treatment.

In relation to complaints handling, we found that the board had not responded within the 20 working day target and that Mrs C had not been kept timeously updated. We upheld this complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mrs C for the inadequate consent process, the quality of the operation note and the complaints handling failing identified. 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:

  • There should be effective communication with patients to ensure they have sufficient information to understand their treatment. The consent process should be in line with national guidance on consent.
  • Consideration should be given to photographing all pigmented lesions or lesions of cosmetic significance prior to biopsy.
  • Operation notes should be of an appropriate standard.

In relation to complaints handling, we recommended:

  • Complaints should be handled within the prescribed timescale and where this is not possible, complainants should receive a timeous update.
  • Report no:
    201701938
  • Date:
    December 2018
  • Body:
    Grampian NHS Board
  • Sector:
    Health

Summary

Mr C complained on behalf of his late mother (Mrs A) about the care and treatment she received from the Board.  Mr C and his father (Mr B) complained that there was an unreasonable delay diagnosing that Mrs A had bowel cancer.  In relation to an admission at Woodend Hospital towards the end of Mrs A’s life, Mr C complained that the nursing care was unreasonable and that there was an unreasonable delay diagnosing internal bleeding.

We took independent advice from a consultant gastroenterologist, a registered nurse and a consultant geriatrician. 

In relation to Mr C’s complaint about delay in diagnosis of cancer, we found that inadequate investigations were carried out.  We concluded that if the relevant clinical guidance regarding investigations had been followed, then Mrs A’s cancer would have been diagnosed in 2013 rather than 2016.  We noted that a number of failings contributed to the delay, including a failure to review the quality of previous investigations performed. 

We concluded that the failings in the investigation of Mrs A’s bowel symptoms likely had a significant impact on her ability to survive her illness.  In addition to this, we also concluded that it was likely that with correct treatment Mrs A would not have had prolonged and profound anaemia and may not have developed a myocardial infarction.  Finally, we were critical of the Board’s investigation of the complaint and concluded that they had failed to provide a full and accurate response to the family. We upheld this complaint.

Following surgery in Aberdeen Royal Infirmary to remove a tumour in her bowel, Mrs A was transferred to Woodend Hospital for a period of rehabilitation.  Mr C raised a number of concerns about the nursing care Mrs A received at Woodend Hospital.  We found a number of failings in the nursing care Mrs A received during this admission.  We were critical of the monitoring of Mrs A’s condition and found there was no care plan for the management of her diabetes.  Furthermore, there were failings in pressure ulcer management and also in falls prevention.  We also found failings in stoma care, noting there was no care plan or fluid balance monitoring.  Finally, we noted that there was little evidence of family involvement in care planning and limited records of communication.  We concluded that the nursing care was unreasonable and upheld the complaint.

Mr C also complained that there was a delay in diagnosing internal bleeding during the admission to Woodend Hospital.  We found that medical staff reviewed Mrs A’s condition reasonably during the admission and we did not identify an unreasonable delay in the diagnosis.  While we recognised that there were issues with the nursing observations, we did not consider that these impacted on the ability of medical staff to diagnose Mrs A’s condition.  We did not uphold this aspect of Mr C’s complaint.

Redress and Recommendations

The Ombudsman's recommendations are set out below:

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

Complaint number

What we found

What the organisation should do

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

(a) and (b)

There was an unreasonable delay in diagnosing that Mrs A had cancer.

The nursing care provided to Mrs A during the admission in Woodend Hospital was unreasonable.

The Board did not investigate Mr C’s complaint to a reasonable standard 

Apologise to Mr C and Mr B for:

  • the unreasonable delay in diagnosing that Mrs A had cancer;
  • the failings in nursing care during the admission in Woodend Hospital;
  • the poor quality of the investigation of the complaint.

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

A copy or record of the apology.

 

By:  22 January 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 was not offered a repeat colonoscopy after an incomplete colonoscopy was performed in June 2013 

Patients who have had an incomplete colonoscopy should be offered a repeat colonoscopy or another appropriate investigation in line with clinical guidelines

 

 

Evidence that the gastroenterology department have carried out an audit of current colonoscopy practice.  This should include:

  • the proportion of incomplete colonoscopies over the last 12 months and the reasons for this;
  • the outcomes of incomplete colonoscopies, including whether repeat or follow on tests were arranged in line with national guidelines; and
  • in cases where the guidance was not followed regarding follow up tests, the action being taken to address this.

Evidence that the Board have developed a local protocol to ensure that the national guidelines are followed when colonoscopy is incomplete so that appropriate follow-up tests are arranged  

 

By:  16 April 2019

(a)

The documentation of the extent of completion of the colonoscopy was inadequate.  It was unclear how it was established that the hepatic flexure was passed or whether a scope guide was used

Patient records should include details of how the extent of completion of a colonoscopy has been established. 

Where a scope guide is used, this should be documented 

Evidence that the Board have taken action to ensure that the extent of completion of colonoscopies are adequately documented.  (For instance, the Board might summarise documentation standards on a poster in the endoscopy department, or incorporate this into the colonoscopy reporting system)

 

By: 19 March 2019

(a)

The incompleteness of the colonoscopy was not documented in the discharge letter from the admission in June 2013.

There was no evidence of senior input into the discharge letter

All diagnoses, operations and procedures relevant to a patient’s admission should be accurately documented in the discharge documentation. 

Discharge documentation should receive appropriate input or review from senior medical staff, and this should be documented

Evidence that the Board have reviewed the discharge documentation practice in place in the Gastroenterology Department to ensure that senior medical staff have appropriate input into discharge documentation

 

By: 19 March 2019

(a)

The quality of the colonoscopy in June 2013 was not reviewed at subsequent consultations in 2014 and 2015. 

A colonic cause for Mrs A’s iron deficiency anaemia was not ruled out before iron therapy and capsule endoscopy were performed.

The Board failed to investigate the possibility that the endoscopy capsule had been retained

The quality of colonoscopies should be appropriately reviewed and investigated at subsequent consultations.

A colonic cause for iron deficiency anaemia should be excluded before prescribing iron therapy and performing capsule endoscopy.   

Where a patient reports that they have not passed an endoscopy capsule, investigation should be performed where there is a reasonable clinical suspicion of this complication

Evidence that the Gastroenterology Consultants involved in Mrs A’s care have reflected on their practice in relation to the review and investigation of patients at subsequent consultations and in relation to investigating iron deficiency anaemia.

Evidence that the Board have performed quality improvement work (for instance, development of written guidance or protocol) to ensure appropriate investigations are performed to exclude pathology outside the small bowel and to reduce the risk of a retained capsule.  The Board should provide the SPSO with a copy of any guideline or protocol developed

 

By: 16 April 2019

(b)

Completion of NEWS monitoring charts was inconsistent and not in accordance with guidance.

Mrs A had type 2 diabetes but there was no care plan as to how her condition should be monitored

NEWS charts should be completed to accurately reflect the patient’s condition.  Observations of a patient should be completed in line with the planned frequency in the patient’s records.

A care plan should be in place for patients with diabetes and monitoring should be performed in line with this

Evidence that the Board have reviewed the training needs of nursing staff in relation to:

  • completion of NEWS; and
  • diabetes monitoring.

A copy of an improvement plan to address the issues identified, which details any training, practice development or other intervention planned

 

By: 16 April 2019

(b) The assessment and management of pressure ulcer risk was inconsistent and incomplete

Patients should receive nursing care to prevent and manage pressure ulcers in line with relevant standards[1]

 

Evidence that the Board have reviewed the training needs of nursing staff in relation to the assessment and management of pressure ulcer risk.

A copy of an improvement plan to address the issues identified, which details any training, practice development or other intervention planned

 

By: 16 April 2019

(b) It was unclear how information was shared when Mrs A transferred between hospitals   

Relevant information about a patient’s care should be transferred with a patient when the patient transfers between hospitals

Evidence that the Board have a clear pathway in place for inter-hospital patient transfers, which details how key information is shared between nurses in both hospitals

 

By: 16 April 2019

(b)

There was no falls prevention care plan in place, despite the risks identified

Where a patient has been assessed as at risk of falling, a falls prevention care plan should be in place

Evidence that the Board have reviewed the approach to falls care planning in Woodend Hospital to make sure that risks are identified, and care plans are developed in conjunction with patients, and their family/carers as appropriate. 

A copy of an improvement plan to address the issues identified, which details any training, practice development or other intervention planned

 

By: 16 April 2019

(b)

The management of Mrs A’s stoma care was not reasonable.  There was no stoma care plan in the records 

There was no fluid intake and output measurement in Woodend Hospital for Mrs A, despite her clinical condition 

Where a patient has a stoma a stoma care plan should be in place

Fluid balance charts should be used to measure a patient’s fluid intake and output

Evidence that the Board have reviewed:

  • how stoma nurses advise and support stoma care for patients to ensure that there is a patient centred care plan which can be adhered to by all nurses;
  • the use of fluid balance charts at Woodend Hospital.

A copy of an improvement plan to address the issues identified, which details any training, practice development or other intervention planned 

 

By: 16 April 2019

(b) ‘Five Must Dos With Me’ documented do not appear to have informed the care planning.  Mrs A’s family do not appear to have been involved and there are limited records of communication Patients and their family/ significant others should be appropriately involved in care planning

Evidence that the Board have reviewed how the 'Five Must Dos With Me' inform care plans in Woodend Hospital and have reviewed how families and carers are involved and communicated with.

A copy of an improvement plan to address the issues identified, which details any training, practice development or other intervention planned 

 

By: 16 April 2019

[1] Since the time of the complaint, the following standards were introduced: Prevention and Management of Pressure Ulcers Standards. Healthcare Improvement Scotland (September 2016)

We are asking The Board to improve their complaints handling:

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

The Board did not

investigate Mr C’s

complaint to an

acceptable

standard

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 Mr B’s and Mr

C’s complaints and meeting with the family 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: 19 February 2019

 

Feedback

Response to SPSO investigation:

Multiple enquiries were needed in order to obtain the records required by SPSO to carry out a full and detailed investigation.  This led to increased work and lengthened the investigation time.  I strongly encourage the Board to review the way evidence and responses are provided to SPSO.  The Board should ensure that all the relevant records are provided to SPSO at the first request.  Where additional enquiries are made by SPSO, the Board should provide the specific information requested and not duplicates of records already provided.

The Board have accepted the recommendations and will act on them accordingly.  We will follow-up on these recommendations.  The Board are asked to inform us of the steps that have been taken to implement these recommendations by the date specified.  We will expect evidence (including supporting documentation) that appropriate action has been taken before we can confirm that the recommendations have been implemented.