Health

  • Report no:
    200800557 200800997
  • Date:
    December 2009
  • Body:
    Lothian NHS Board and A Medical Practice, Lothian NHS Board
  • Sector:
    Health

Overview
The complainant (Mrs C) raised a number of concerns that her mother (Mrs A) had not been reasonably cared for or treated by medical staff at St John's Hospital (the Hospital) or her GP practice (the Practice) in the months before her death, and that the responses to Mrs C's enquiries and complaints by Lothian NHS Board (the Board) and the Practice had not been appropriate and had been unnecessarily distressing to her.

Specific complaints and conclusions
The complaints which have been investigated are that:

  • (a) the Board did not provide reasonable care and treatment to Mrs A between May 2007 and February 2008 (partially upheld to the extent that the investigation, diagnosis, care and treatment of Mrs A from November 2007 to February 2008 was not reasonable);
  • (b) the actions taken by the Board in response to Mrs C's complaints about the care and treatment of Mrs A were not reasonable (upheld);
  • (c) Mrs A did not receive adequate care and treatment from the Practice between November 2007 and February 2008 (partially upheld to the extent that the Practice did not reasonably address or follow-up the symptoms that Mrs A displayed which can be linked to cancer, that the Practice's prescription of pills rather than other forms of treatment to Mrs A was not reasonable, that the Practice did not reasonably take into account changes in Mrs A's condition and that the level of information recorded in Mrs A's notes was not comprehensive); and
  • (d) the Practice's responses to Mrs C's enquiries and complaints were inappropriate and unnecessarily distressing (partially upheld to the extent that, although the Practice appropriately responded to some of Mrs C's enquiries and complaints, some of the Practice's responses, or lack of responses, to Mrs C's enquiries and complaints were inappropriate and unnecessarily distressing).

 

Redress and recommendations
The Ombudsman recommends that the Board:

  • (i) apologise to Mrs A's family that the chest x-ray of 26 November 2007 was mis-reported and that this led to a delay in the diagnosis of Mrs A's cancer;
  • (ii) remind medical staff that letters to GPs should be dictated immediately after consultations with patients;
  • (iii) encourage the practice of discussing patients with atypical clinical features at multi-disciplinary meetings;
  • (iv) take steps to assure themselves of the quality of their chest x-ray reporting service;
  • (v) apologise to Mrs C that the investigation of her complaints did not uncover the mis-reporting of the chest x-ray of 26 November 2007; and
  • (vi) ensure that investigations of similar complaints in the future consider the possibility that x-rays, scans, test results or similar may have been mis-reported.

 

The Ombudsman recommends that the Practice:

  • (i) apologise to Mrs A's family for those aspects of her care and treatment that were not reasonable;
  • (ii) produce a plan for reviewing their adherence to national guidelines. This plan should be minuted and form part of the Practice's clinical governance meetings. The minutes should be inspected by the Board's clinical governance lead to ensure that the Practice have identified areas for improvement and taken action to address these issues;
  • (iii) ensure that national guidelines are readily available to all practitioners;
  • (iv) undertake a review of clinical record-keeping using the Royal College of General Practitioners (Scotland) template on section 3D (2) of the Revalidation Toolkit. The review should be discussed with the Board's clinical governance lead to ensure that the Practice have identified areas for improvement and taken action to address these areas;
  • (v) apologise to Mrs C that their responses to her enquiries and complaints were inappropriate and unnecessarily distressing; and
  • (vi) review their complaints handling procedure to ensure that complainants are given direct answers to reasonable direct questions, that individual circumstances, distress and stated preferences are reasonably taken into account when suggesting meetings with correspondents and complainants, that it is made clear to correspondents how to set in motion the Practice's complaints procedure and that avoidable errors are reasonably eliminated, taking into account the individual circumstances of a complaint.

 

The Board and the Practice have accepted the recommendations and will act on them accordingly.

  • Report no:
    200703138
  • Date:
    December 2009
  • Body:
    Greater Glasgow and Clyde NHS Board
  • Sector:
    Health

Overview
The Ombudsman received a complaint from an advice worker (Mrs C) on behalf of a member of the public (Mrs A). Mrs A's daughter, Child A, had a narrowing of the main artery from her heart which needed surgical repair. Mrs A complained that the surgery had left Child A paralysed. She also complained about what she considered was poor communication from Greater Glasgow and Clyde NHS Board.

Specific complaints and conclusions
The complaints which have been investigated are that there was:

  • (a) alleged clinical failure during surgery to repair a coarctation of the aorta (not upheld); and
  • (b) poor communication from the Board both before and after surgery (not upheld).

 

Redress and recommendation
The Ombudsman has no recommendation to make.

  • Report no:
    200701396
  • Date:
    December 2009
  • Body:
    A Medical Practice, Lanarkshire NHS Board
  • Sector:
    Health

Overview
The complainant (Miss C) complained about her general practitioner practice (the Practice), saying that they had removed her, her mother (Mrs C) and her father (Mr C) from their list of patients.

Specific complaint and conclusion
The complaint which has been investigated is that the Practice wrongly removed Miss C, Mrs C and Mr C from their patient list (not upheld).

Redress and recommendations
The Ombudsman has no recommendations to make.

  • Report no:
    200801457
  • Date:
    November 2009
  • Body:
    Ayrshire and Arran NHS Board
  • Sector:
    Health

Overview
The complainant (Ms C) complained about the care and treatment her client (Ms A) received while she was a patient at Crosshouse Hospital (Hospital 2).

Specific complains and conclusions
The complaints which have been investigated are that:

  • (a) when Ms A was admitted as an emergency to Hospital 2 on 17 December 2007, there was a delay in performing surgery to remove a dermoid ovarian cyst (upheld);
  • (b) there was a failure to inform Ms A of the removal of her right ovary and tube until 20 December 2007 - the day after her surgery (upheld);
  • (c) there was a failure to take into account Ms A's description of the pain she was suffering while she was an out-patient (not upheld); and
  • (d) when Ms A was a patient in Ward 6 of Hospital 2 she was sometimes forgotten about (not upheld).
     

Redress and recommendations
The Ombudsman recommends that Ayrshire and Arran NHS Board (the Board):

  • (i) apologise to Ms A for the delay in undertaking her surgery and take steps to ensure that such delays do not recur;
  • (ii) inform the Ombudsman of the measures being undertaken to address the issues raised; and
  • (iii) take steps to ensure delays in communicating the results of surgery to patients do not recur.

The Board have accepted the recommendations and will act on them accordingly.

  • Report no:
    200801379
  • Date:
    November 2009
  • Body:
    Ayrshire and Arran NHS Board
  • Sector:
    Health

Overview
The complainant (Mr C) had part of a lung removed following a diagnosis of cancer at Crosshouse Hospital (Hospital 1). He was subsequently found not to have cancer and Mr C complained that the treatment had been unnecessary. Mr C also said that staff at Hospital 1 had delayed in communicating the change in diagnosis to him and had not answered his questions fully. In addition, Mr C complained that there had been a delay in putting him back on the kidney transplant waiting list and that the response to his complaints by Ayrshire and Arran NHS Board (the Board) had been inadequate.

Specific complaints and conclusions
The complaints which have been investigated are that:

  • (a) there had been an error in the diagnosis of cancer, which led to an unnecessary operation (upheld);
  • (b) there were problems with the communication to Mr C about the new diagnosis and the response to his questions about this (upheld);
  • (c) there had been an unreasonable delay in ensuring Mr C was put back on the kidney transplant list (upheld); and
  • (d) the responses to Mr C's complaints were inadequate (upheld).

Redress and recommendations
The Ombudsman recommends that the Board:

  • (i) undertake a short, focussed audit of lung fine needle aspirations (FNA)s carried out by the department;
  • (ii) review, as a matter of urgency, the clinical use of such FNAs by Hospital 1;
  • (iii) emphasise to clinical staff involved the importance of taking and documenting a full clinical history; this matter should be confirmed with Consultant 1 as part of his annual appraisal;
  • (iv) emphasise to staff involved the importance of timely and open communication;
  • (v) alert staff to the need to ensure appropriate communication with patients and file management, in an effort to prevent the situation recurring, where a patient could be concerned about information placed in his/her file which has not been discussed with him/her;
  • (vi) undertake a full review of the operation of their complaints process and the relationship of this to clinical governance, as a matter of urgency;
  • (vii) establish why an incident review was not considered and this matter not re considered by the lung cancer multi-disciplinary team and take appropriate steps to ensure that their own policies and procedures are followed by clinical and complaints handling staff; and (viii) make a full apology to Mr C for the failings identified in this report.

The Board have accepted the recommendations and will act on them accordingly.

  • Report no:
    200802345
  • Date:
    November 2009
  • Body:
    Tayside NHS Board
  • Sector:
    Health

Overview
The complainant (Miss C), supporting her mother (Mrs A), raised a number of significant concerns about the care and treatment her father (Mr A) received at Ninewells Hospital, Dundee in the days leading up to his death, from cancer, in June 2008. Miss C was particularly concerned that Tayside NHS Board (the Board) had delivered sub-standard care to her father in a number of important respects such as assistance with feeding, hygiene, cleanliness, management of symptoms and pain as well as failing to accord him dignity and respect. Miss C also complained that hospital staff failed to communicate adequately with Mr A's family about his palliative care or to properly manage Mr A's transfer to a hospice. Miss C was also unhappy with the handling of her complaint.

Specific complaints and conclusions
The complaints which have been investigated are that the Board:

  • (a) failed to treat Mr A with all appropriate medical, nursing and personal care and dignity (upheld);
  • (b) failed to communicate adequately with Mr A or his family (upheld); and
  • (c) failed to deal with Mrs A's complaint in a timely or appropriate manner (upheld).


Redress and recommendations
The Ombudsman recommends that the Board:

  • (i) apologise to Mrs A and Miss C for the failings identified in this report;
  • (ii) review their administrative policy for the documentation of the administration of controlled drugs; documentation of patient symptom control; and support to foundation level doctors in the management of terminal patients;
  • (iii) review their policy for the insertion of chest drains to include the reporting of chest x-rays following drain insertion and the management and investigation of pain following drain insertion; and
  • (iv) review their approach to the documentation of complications of procedures such as chest drains including; i) decisions relating to best management of the complications; and ii) information given to the injured party or their relatives.

The Ombudsman also asks that the Board keep him appraised of progress towards achieving the goals of the Action Plan.

The Board have accepted the recommendations and will act on them accordingly.

Please note this report refers to an Annex 4 (at paragraph 16).  The report does not contain an Annex 4 and we apologise for including the reference.

  • Report no:
    200802262 200900284
  • Date:
    November 2009
  • Body:
    A Medical Practice, Fife NHS Board and Fife NHS Board
  • Sector:
    Health

Overview
The complainant (Ms C) raised a number of concerns that a GP from her mother (Mrs A)'s GP Practice (the Practice) and a consultant psychiatrist working for Fife NHS Board (the Board) prescribed anti-depressants and anti-psychotics to her mother without adequate assessment and had failed to report concerns about potential unprofessional conduct of a nurse to the appropriate organisation.

Specific complaints and conclusions
The complaints which have been investigated are that:

  • (a) the Practice unreasonably prescribed anti-depressants to Mrs A based on information from a third party (not upheld);
  • (b) the Practice unreasonably changed a routine psychiatric referral to an urgent referral based on information from a third party (not upheld);
  • (c) the Practice failed to refer the actions of another health professional, which they knew had given rise to professional concern, to the appropriate authority (upheld);
  • (d) the Board unreasonably prescribed medication to Mrs A based on information from a third party (not upheld); and
  • (e) the Board failed to refer the actions of a health professional, which had given rise to professional concern, to the appropriate authority (upheld).


Redress and recommendations
There are no recommendations in respect of the Practice.

The Ombudsman recommends that the Board take steps to remind all clinical staff, including Primary Care staff and Family Health Service providers in the Board area, of their professional duty to act when they have a concern about the fitness to practise of a health professional.

The Board have accepted the recommendation and will act on it accordingly.

  • Report no:
    200800148
  • Date:
    November 2009
  • Body:
    Lothian NHS Board
  • Sector:
    Health

Overview
The complainant (Mr C) complained on behalf of himself and his family that Lothian NHS Board (the Board) failed to provide reasonable care and treatment to his wife (Mrs C) from 28 September 2007 to 15 January 2008. Mrs C was admitted to the Royal Infirmary of Edinburgh (Hospital 1) following a fall in September 2007. Mrs C suffered a fracture of her left ankle and a plaster cast was applied to her left leg. Mrs C subsequently had an above knee amputation of her left leg. Mr C did not consider this treatment was reasonable given Mrs C's other medical conditions. Mr C further complained that Mrs C contracted a Methicillin-resistant staphylococcus aureus (MRSA) infection while in Hospital 1 and about the overall standard of nursing care that Mrs C received. During the course of my investigation, I also included, as part of the investigation, the standard of record-keeping in respect of Mrs C's medical records.

Specific complaints and conclusions
The complaints which have been investigated are that:

  • (a) the plaster cast that was applied to Mrs C's left leg was not appropriate treatment given Mrs C's other medical conditions (not upheld);
  • (b) Mrs C contracted a MRSA infection whilst a patient in Hospital 1 (not upheld);
  • (c) the standard of nursing care which Mrs C received was inadequate (not upheld); and
  • (d) the standard of record-keeping in respect of Mrs C's medical notes was inadequate (upheld).


Redress and recommendations

The Ombudsman recommends that the Board:

  • (i) undertake a review of the policy for reviewing plaster casts and in particular referral to senior medical staff;
  • (ii) encourage the doctor concerned to reflect on the case at their next appraisal;
  • (iii) apologise to Mrs C and her family for the failing to review Mrs C's plaster cast which has been identified in head of complaint (a) of this report;
  • (iv) provide the Ombudsman with copies of the next Scottish Patient Safety Programme audit documentation in relation to all patient records within the orthopaedics department of Hospital 1; and
  • (v) remind staff of the importance of fully completing all significant documentation, paying particular attention to the omissions identified in head of complaint (d) of this report.

 

The Board have accepted the recommendations and will act on them accordingly.

  • Report no:
    200802376
  • Date:
    November 2009
  • Body:
    Highland NHS Board
  • Sector:
    Health

Overview
The complainant (Mr C) raised a number of concerns about the care and treatment he received during three Accident and Emergency admissions at Campbeltown Hospital (Hospital 1) on 24 and 26 August 2008.

Specific complaint and conclusion
The complaint which has been investigated is that Highland NHS Board (the Board) failed to provide Mr C with adequate care and treatment at Hospital 1 on 24 and 26 August 2008 (upheld).

Redress and recommendation
The Ombudsman recommends that the Board apologise to Mr C in writing for the failing identified in this report and their failure to provide him with adequate care and treatment on 24 and 26 August 2008.

The Board have accepted the recommendations and will act on them accordingly.

  • Report no:
    200702307
  • Date:
    November 2009
  • Body:
    Western Isles NHS Board
  • Sector:
    Health

Overview
The complainant (Mrs C) raised a number of concerns about the care and treatment provided by Western Isles NHS Board (the Board) to her and her daughter (Baby C) before, during and after labour over 29 and 30 April 2007.

Specific complaints and conclusions
The complaints which have been investigated are that the Board:

  • (a) did not provide adequate care to Mrs C before and during labour (upheld);
  • (b) did not provide adequate care to Mrs C after delivery (not upheld); and
  • (c) did not provide adequate care to Baby C after delivery (not upheld).


Redress and recommendations

The Ombudsman recommends that the Board:

  • (i) apologise to Mrs C for the failure to provide adequate care to her before and during labour;
  • (ii) reviews the guidelines for the use of electronic fetal monitoring to ensure that they are appropriate; and
  • (iii) ensures that clinical staff take note of the findings of this report and make any necessary adjustments to clinical practice accordingly.

 

The Board have accepted the recommendations and will act on them accordingly.