Health

  • Report no:
    201603186
  • Date:
    September 2017
  • Body:
    Grampian NHS Board
  • Sector:
    Health

Summary
Ms C complained about the treatment provided to her late mother (Mrs A).  Mrs A was 53 years old when she attended at Aberdeen Royal Infirmary (the hospital) with lower abdominal pain and urinary frequency.  She was discharged with plans for urgent follow-up.  Before this took place, Mrs A was re-admitted via the emergency department.  She was found to be suffering from cancer and procedures to insert plastic tubes into her kidneys to drain urine were necessary.  The procedure, called nephrostomy, is carried out when the tube linking the kidney to the bladder has become blocked.  After the nephrostomies were carried out, Mrs A later began to show signs of infection.  Although antibiotic treatment was started, Mrs A developed sepsis (a severe complication of infection) and died.

Ms C complained that Mrs A had not been prescribed prophylactic antibiotics (antibiotics given as a precaution to prevent, rather than treat, an infection) prior to the nephrostomies.  The board initially responded that there was no requirement to prescribed these and Ms C brought her concerns to this office for investigation.  A short time later, the board advised us that a hospital policy recommending the use of prophylactic antibiotics had been identified.  We suspended our investigation to allow the board to address this matter and a number of further issues Ms C raised.  After the board issued their final response, Ms C brought the complaint back to this office and we restarted our investigation.

We took advice from a consultant urologist.  We found that there had been a failure to follow the hospital policy on prescription of prophylactic antibiotics for Mrs A.  We established that Mrs A had a poor prognosis due to the extent of her cancer.  While prescribing prophylactic antibiotics may­ have prevented her from developing sepsis, it was impossible to definitively determine the effect they would have had.

Although the board latterly acknowledged its policy had not been followed, no apology was offered to Ms C for either the failing itself or for the fact its initial complaint response was inaccurate.  We upheld Ms C's complaint and made a number of recommendations to address the issues identified.

Redress and Recommendations
The Ombudsman's recommendations are set out below:

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

What we found

What the organisation should do

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

The Board acknowledged that the local recommendation to prescribe prophylactic antibiotic was not followed but has not apologised

Apologise to Ms C for the failure to follow local guidance.  The apology should meet the standards set out in the SPSO guidelines on apology available at https://www.spso.org.uk/leaflets-and-guidance

A copy or record of the apology

By:  20 October 2017

The initial complaint response gave inaccurate information on the prescription of prophylactic antibiotics for nephrostomies

Apologise to Ms C for not giving a full and accurate response.  The apology should meet the standards set out in the SPSO guidelines on apology available at https://www.spso.org.uk/leaflets-and-guidance

A copy or record of the apology

By:  20 October 2017

 

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

What we found

What should change

Evidence SPSO needs to check that this has happened and deadline

The Board has advised its intent to review the local policy on prescribing prophylactic antibiotics for nephrostomies

The local policy should provide clear guidance to clinicians on when prophylactic antibiotics are to be prescribed and by whom

Evidence that the policy has been reviewed including the choice of antibiotic, length of prescription and clear definition of the clinician responsible for prescribing

By:  20 November 2017

At the time of Mrs A's admission and the initial complaint response, staff were not following local policy

All relevant clinicians should be aware of the guidance

Evidence, such as memos, emails, training resources, to confirm that awareness of the policy has been raised with relevant staff

By:  20 December 2017

 

Feedback
Complaints handling
Due to new issues being raised by Ms C, this investigation was suspended to allow the Board to respond.  By this time, the Board had recognised that there was, in fact, a local recommendation to prescribe prophylactic antibiotics for patients like Mrs A.  This represented an opportunity for the Board to acknowledge that its original response was inaccurate and apologise.  More effective handling of this complaint could have resolved the matter for Ms C at an earlier stage without the need for this further investigation.  The Board should reflect on this.

  • Report no:
    201605095
  • Date:
    August 2017
  • Body:
    Greater Glasgow and Clyde NHS Board
  • Sector:
    Health

Summary
Mr C complained about the care and treatment provided to his late wife (Mrs A).  Mrs A was diagnosed with bladder cancer in April 2015 and Mr C complained that both before and after the diagnosis there were delays in providing necessary appointments.  Mr C also complained that there were unreasonable delays in the treatment of Mrs A's cancer after she had cardiac surgery, and that there were failings in communication between specialists treating her.

We took advice from a consultant urologist.  With regards to delays in appointments, we found that there was an unreasonable delay between the results of a biopsy being taken and a subsequent resection.  We also found that there was an unreasonable delay from the time of diagnosis to the time that Mrs A discussed definitive management with a surgeon.  We considered these delays to be unreasonable.  We upheld this aspect of Mr C's complaint.

We also found that there was a delay in Mrs A being provided with treatment for her bladder cancer.  We identified a failure of the urology service to act upon a letter which stated that Mrs A would be suitable to go ahead with treatment for her bladder cancer in a months' time.  We further found that the possibility of Mrs A's condition deteriorating, and her treatment options, were not fully discussed with her, and that there was a delay in Mrs A being offered palliative radiotherapy.  We determined that there were multiple failings in communication between specialists treating Mrs A regarding her condition and treatment.

Mr C also complained about the board's handling of his complaint, specifically that they did not address all of the issues which he had raised.  We considered that the board had failed to address some important questions Mr C had asked, and therefore we upheld this aspect of Mr C's complaint.

Redress and Recommendations
The Ombudsman's recommendations are set out below:

Complaint number

What we found

What the organisation should do

Evidence SPSO needs to check that this has happened and deadline

(a), (b) and (c)

  • There were unreasonable delays in Mrs A being provided with the relevant appointments following her diagnosis of bladder cancer;
  • There were unreasonable delays in the treatment of Mrs A's cancer;
  • There were unreasonable failings in communication between the specialists treating Mrs A regarding her condition and treatment; and
  • The Board's handling of Mr C's complaint was unreasonable

Provide a written apology to Mr C for the failings identified

Copy of apology letter which meets with the SPSO guidelines on making an apology, available at https://www.spso.org.uk/leaflets-and-guidance

By:  27 September 2017

 

We are asking Greater Glasgow and Clyde NHS Board - Acute Services Division 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)

There was a delay between the results of the biopsy being reported on 10 February 2015 and Mrs A having a resection on 22 April 2015

In similar cases patients should receive treatment within 31 days from decision to treat to first treatment, as per the Scottish Government targets

Documentary evidence of a review of urology treatment waiting times for patients with cancer and the steps being taken to better meet National guidelines

By:  22 November 2017

(a)

There was a period of approximately two and a half months from the time Mrs A was diagnosed with muscle invasive bladder cancer to the time she saw a surgeon to discuss definitive management

In similar cases, timescales between histology reporting and out-patient appointments in the urology service should be shorter

Documentary evidence of a review of the timescales between histology reporting and out-patient appointments in the urology service and details of steps being taken to shorten timescales

By:  22 November 2017

(b)

The urology service failed to act on the letter of 3 November 2015 stating that Mrs A could go ahead with surgery for her bladder cancer in a month's time

Letters between services should be shared at the appropriate time and acted upon where necessary

Documentary evidence that this finding has been shared and discussed with relevant staff.  This could include, for example, minutes of discussion at a staff meeting or copies of internal memos, emails or notes of feedback given about this complaint

By: 25 October 2017

(b)

Mrs A was not offered palliative radiotherapy at an earlier point

Palliative radiotherapy should be considered and offered as early as possible to reduce patients' pain

Documentary evidence of the learning from this case and any subsequent changes to procedures, instructions and training provided to clinical staff

By:  25 October 2017

(b)

When Mrs A suffered the MI, her options should have been discussed more thoroughly with her and the possibility of disease progression whilst she was undergoing cardiac surgery and recovery should have been made clear

The Board should demonstrate that staff are aware of the need to ensure patients are made fully aware of the possibility of disease progression if treatment for other health issues is required; and of their options for treatment

Documentary evidence that this finding has been shared and discussed with relevant staff.  This could include, for example, minutes of discussion at a staff meeting or copies of internal memos, emails or notes of feedback given about this complaint

By:  25 October 2017

(c)

There were failings in communication between the oncology and urology teams with regard to Mrs A's condition and treatment

The Board should demonstrate that they have reflected and learned from this case to ensure that there is better communication and coordination between teams, including discussion at multi-disciplinary team meetings as appropriate, so that patients receive good and timely care

Documentary evidence that the relevant board staff have considered Ms A's case and how to ensure better communication and coordination of care between departments and hospitals.  This could include evidence such as a minute of a staff meeting; an action plan, instructions to staff and/or a revised protocol

By:  25 October 2017

(d)

The Board failed to address all of the issues that Mr C raised in his original complaint

The Board should ensure that complaint responses correctly identify and respond to all issues raised by complainants

Documentary evidence that this finding has been shared and discussed with relevant staff.  This could include, for example, minutes of discussion at a staff meeting or copies of internal memos, emails or notes of feedback given about this complaint

By:  27 September 2017

 

Evidence of action already taken
Greater Glasgow and Clyde NHS Board - Acute Services Division told us they had already taken action to fix the problem.  We will ask them for evidence that this has happened:

Complaint number

What we found

What the organisation say they have done

Evidence SPSO needs to check that this has happened and deadline

(b)

There were unreasonable delays in the treatment of Mrs A's cancer

Reviewed the pathway available to bladder cancer patients to improve the services available and the coordination of care

Copy of the bladder cancer pathway, highlighted to show the changes and/or additions

By:  27 September 2017

 

 

  • Report no:
    201606803
  • Date:
    August 2017
  • Body:
    Grampian NHS Board
  • Sector:
    Health

Summary

Ms C complained about the care she received from Grampian NHS Board (the board).  As Ms C was experiencing post-menopausal bleeding, her GP urgently referred her to the gynaecology service of Aberdeen Royal Infirmary.

Ms C's referral was downgraded from urgent to routine by the gynaecology service.  She was offered an appointment six weeks after her GP referral.  Her GP contacted the gynaecology service on two occasions to request an earlier appointment but was told it was unnecessary for Ms C to be seen any sooner.  When Ms C contacted the gynaecology service, they agreed to bring her appointment forward by a week.  Given her concerns, Ms C was told that a consultant gynaecologist would look at her ultrasound scan report.  Ms C received a phone call from a non-clinical staff member reassuring her that she did not need an urgent appointment.

When Ms C attended her appointment at the gynaecology service, an endometrial biopsy was carried out.  When the results were issued, Ms C was diagnosed with endometrial cancer.

During our investigation, we took independent advice from a consultant gynaecologist and from a consultant obstetrician and gynaecologist.  We found that Ms C's referral should not have been downgraded to routine and she should have been seen by the gynaecology service within two weeks of her GP referral.  We found that the target for the treatment of Ms C's cancer was missed by 19 days.  We found that Ms C should not have been given reassurance about the findings of her ultrasound scan report as they could have indicated cancer.  We also found that this reassurance should not have been given to Ms C by a non-clinical staff member.  We upheld Ms C's complaint.

Redress and Recommendations
The Ombudsman’s recommendations are set out below:

What we are asking The Board, to do for Ms 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 giving Ms C a gynaecology appointment and a delay in treatment after her diagnosis.

Ms C was given inappropriate advice about her ultrasound scan results by a non-clinical member of staff

Provide a written apology which complies with the SPSO guidelines on making an apology, available at https://www.spso.org.uk/leaflets-and-guidance

A copy of the apology letter.

By:  2 October 2017

 

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)

There was an unreasonable delay in the gynaecology service offering Ms C an appointment

Patients with postmenopausal bleeding should be offered a gynaecology appointment in line with the NICE guidelines [NG 12]

Documentary evidence of the steps to being taken to prevent similar failings in future cases, such as an action plan, instructions to staff, revised guidance

By:  30 October 2017

(a)

There was an unreasonable delay in treating Ms C's cancer

In similar cases, patients should receive treatment within 62 days of referral as per the Scottish Government targets

Documentary evidence of the steps being taken to reduce waiting times for treatment

By:  30 October 2017

(a)

The Board’s vetting guidance on endometrial cancer is incorrect

The guidance should be updated urgently taking into account NICE guidance

New or updated guidance, highlighted to show the changes and/ or additions

By:  2 October 2017

(b)

Ms C was given inappropriate advice about the ultrasound scan results

Staff should reflect and learn from the adviser’s comments in relation to the ultrasound scan results

Documentary evidence that this decision has been shared and discussed with staff.  This could, for example, include minutes of discussions at a staff meeting or copies of internal memos/emails, or notes of feedback given about this complaint

By:  30 October 2017

(b)

Ms C was given clinical advice by a non-clinical member of staff

The Board (including staff) should reflect and learn from the adviser's comments about the inappropriateness of non-clinical staff giving clinical information to patients

Documentary evidence that this decision has been shared and discussed with staff.  This could, for example, include minutes of discussions at a staff meeting or copies of internal memos/emails, or notes of feedback given about this complaint.

By:  30 October 2017

 

  • Report no:
    201607618
  • Date:
    August 2017
  • Body:
    Orkney NHS Board
  • Sector:
    Health

Summary
Ms C, a support and advocacy worker, complained on behalf of Ms B about the care and treatment provided to Ms B's son (Mr A) when he was admitted to Balfour Hospital (the hospital) following a road traffic accident.  Ms C said that when Mr A arrived at the hospital his spine was not x-rayed despite him reporting pain in his back, and that when Mr A was later transferred to another hospital it was found that he had a spinal fracture.  Ms C also complained that a wound to Mr A's leg was not cleaned appropriately and said this led to infections.

We took advice from an emergency consultant and an orthopaedic surgeon.  We found multiple significant failings in the care and treatment provided to Mr A.  These included a failure to examine and x-ray Mr A's spine; a failure to obtain
x-rays of Mr A's neck, chest and pelvis; a failure to assess and clean a wound in Mr A's arm in a timely manner; a failure to administer antibiotics in a timely manner; and a failure to administer appropriate pain medication.  We also found that the treatment provided was not appropriately documented in the medical records.  However, we determined that Mr A's leg wound was appropriately cleaned and therefore did not uphold this aspect of Ms C's complaint.

We had further concerns that the board's own investigation into Ms C's complaint failed to identify the serious clinical failings in this case and made recommendation regarding this.

Redress and Recommendations
The Ombudsman's recommendations are set out below:

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

Complaint number

What we found

What the organisation should do

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

(a)

The Board failed to provide Mr A with appropriate clinical treatment in view of his presenting symptoms

Provide a written apology to Ms B and Mr A for failing to provide Mr A with appropriate clinical treatment in view of his presenting symptoms.  This apology should be copied to Ms C

Copy of written apology which complies with the SPSO guidelines on making an apology, available at https://www.spso.org.uk/leaflets-and-guidance

By:  27 September 2017

 

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)

There were a number of significant failings in Mr A's care, including failure to:

  • examine and x-ray Mr A's spine;
  • obtain x-rays of Mr A's neck, chest and pelvis;
  • assess and clean Mr A's arm wound in a timely manner;
  • administer antibiotics in a timely manner; and
  • administer appropriate analgesics

The Board should provide a reasonable standard of trauma care, with adequate staff training and effective systems in place to support this

Evidence that the Board have carried out a significant event review in to this case, with the findings made available to Mr A's family

By: 22 November 2017

Evidence that the Board has reviewed their systems and staff training for the initial management of seriously injured patients (including review of the competencies and training for consultants who are expected to lead the assessment and resuscitation of patients with major trauma)

By:  22 November 2017

(a)

The Board's own investigation did not identify or address the serious failings in the care provided to Mr A

The Board's complaints handling system should ensure that failings (and good practice) are identified, and enable learning from complaints to inform service development and improvement

Evidence that the Board have reviewed why its own investigation into the complaint did not identify the failings highlighted in this report

By:  25 October 2017

(a) & (b)

There was a failure to appropriately document the treatment provided in the medical records

All treatment should be appropriately documented in medical records

Documentary evidence that this finding, and what action will be taken to ensure medical records are adequate in the future, has been shared and discussed with relevant staff.  This could include, for example, minutes of discussion at a staff meeting or copies of internal memos, emails or notes of feedback given about this complaint

By:  27 September 2017

 

  • Report no:
    201602616
  • Date:
    July 2017
  • Body:
    Fife NHS Board
  • Sector:
    Health

Summary
Mr and Mrs C complained about the management of Mrs C's pregnancy, leading up to the stillbirth of their baby.  Mrs C experienced increased blood pressure during pregnancy, as well as slightly raised urine protein levels.  These can be signs of pre-eclampsia (a condition that can affect pregnant women, particularly during the second half of pregnancy, which can lead to serious complications for both mother and baby).

About 38 weeks into Mrs C's pregnancy, a plan was made for induction in a week's time.  In the meantime, Mrs C was admitted overnight for monitoring of her high blood pressure, and she also attended a follow-up appointment where a cardiotocography (CTG) was carried out.  The CTG showed some problems of loss of contact and deceleration of heartbeat, but staff thought this was due to Mrs C's movements, and she was discharged.  Sadly, when Mrs C returned two days later for the induction, her baby was found to have died (he was stillborn the next day).  Mr and Mrs C gave consent for a post-mortem examination, which showed Mrs C's placenta had not been functioning properly, which was consistent with pre-eclampsia.

Following discussion with the consultant in charge, Mr and Mrs C complained to the board.  While the board had begun carrying out a routine review of Mrs C's care (which they do for all stillbirths), they also carried out a further clinical review of the care (the REI review) in response to the complaint.  This review found that there was no clear diagnosis made between gestational hypertension (high blood pressure) and pre-eclampsia for Mrs C.  It found that the local guidance about when to measure urine protein levels (a test for diagnosing pre-eclampsia) differed from the National Institute of Health and Care Excellence (NICE) guidelines about this.  The REI review also found there was a lack of continuity of care, and the way that records were kept made it difficult to identify trends in blood pressure recording and blood results in this case.

Following the REI review, the board put in place an action plan for improvement, including amending their guidelines to be consistent with NICE guidelines.  However, the results of the REI review were not shared with Mr and Mrs C.  While the board intended to share the results, they felt it would be easiest to do this in a meeting.  A complaint response had already been drafted before the REI review was finished (indicating that the management of Mrs C's pregnancy was reasonable), and the board simply added a line stating that a review had been carried out and inviting Mr and Mrs C to contact them for a meeting.  The rest of the letter was not updated to include the outcomes from the REI review.

After taking independent clinical advice from a midwife and two obstetrics and gynaecology consultants, we upheld Mr and Mrs C's complaint about the management of her pregnancy.  We found the board failed to conduct further tests to clarify Mrs C's diagnosis (between high blood pressure and pre-eclampsia), contrary to NICE guidance.  We also found the board had failed to recognise abnormalities on two CTG recordings.  We did not uphold Mr and Mrs C's complaints about the continuity of care, their involvement in the REI review or the bereavement support made available to them, although we gave the board some feedback on these points.

Redress and Recommendations
The Ombudsman's recommendations are set out below:

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

What we found

What the organisation should do

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

The Board failed to conduct further tests to clarify Mrs C's diagnosis; and failed to recognise abnormalities on two CTG recordings

Provide Mr and Mrs C with a written apology that meets the SPSO guidelines on making an apology available at https://www.spso.org.uk/leaflets-and-guidance

Copy of apology letter

 

By:  16 August 2017

 

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

What we found

What should change

Evidence SPSO needs to check that this has happened and deadline

The Board failed to recognise abnormalities on two CTG recordings

Staff should competent and confident in interpreting CTGs, taking into account the clinical background of the case

Evidence that the Board has reviewed midwifery and obstetrics staff competence in conducting CTG, delivered appropriate training and development, and has a plan to ensure this is kept up to date

By:  11 October 2017

The Board's complaint investigation did not identify all the failings in Mrs C's care

Clinical staff involved in Mrs C's care and in the complaint investigation should reflect on and learn from the findings of this report

Evidence that my findings have been shared, with appropriate support, with staff involved in Mrs C's care and in the REI review

By:  16 August 2017

The Board's complaint response did not include the information and findings from their REI review

Where a clinical review is undertaken as part of a complaint investigation, the complaint response should include the findings of the review

Documentary evidence that the Board has processes in place to ensure someone involved in the review writes or reviews any complaint response

By: 11 October 2017

 

Evidence of action already taken
The Board told us they had already taken action to fix the problem.  We will ask them for evidence that this has happened:

What we found

What the organisation say they have done

Evidence SPSO needs to check that this has happened and deadline

The Board found the layout of maternity records could be improved to ensure key information is easily accessible to all clinical staff

Improve the layout of records, including by:

  • using the MEWS chart for out-patient care in women  with high risk; and
  • developing a blood results summary sheet

Evidence that the changes in record layout have been implemented

By:  11 October 2017

 

Feedback
Complaints handling:  It was good practice by the Head of Midwifery/Nursing to escalate this complaint for a multi-disciplinary REI review (due to her concerns about the draft complaint response).  However, the results of the REI review were not reflected in the final complaint response, and were never provided to the family (other than an offer to meet and discuss the results, which was not followed up when the family did not get in contact).  If the Board had shared the REI review results and made appropriate apologies, this complaint might have been resolved earlier.

Response to SPSO investigation:  The Board responded promptly to our enquiries.

Points to note:  The professional advisers raised several points for the Board's consideration:

  • In relation to continuity of care, Adviser 2 suggested the Board could consider how often women undergoing surveillance for high blood pressure are booked to see their own consultant (for example, in an antenatal clinic), so that decisions could be made with more continuity.
  • In relation to the REI review, Adviser 3 suggested the Board may wish to review their guidance on clinical reviews prompted by complaint investigations, to ensure that families who wish to be involved in a review have this opportunity.
  • In relation to support following a stillbirth, Adviser 1 said it is good practice for maternity units to have at least one member of staff who has specialist knowledge and training in bereavement care, and recommended that the Board should seriously consider and agree the business proposal for a bereavement midwife.

 

  • Report no:
    201601493
  • Date:
    July 2017
  • Body:
    A Medical Practice in the Forth Valley NHS Board area
  • Sector:
    Health

Summary
Mrs C complained that the practice failed to take appropriate action when her late father (Mr A) presented to them reporting symptoms of back pain.  Mr A was 81 years old at the time and Mrs C considered that the GPs failed to recognise potential underlying symptoms and arrange appropriate investigations.  Mr C was initially given pain medication and told to return if his symptoms did not improve.  When his symptoms had not improved by the following month, a referral was made to urology for further investigation.  Shortly after this, Mrs C removed Mr A from the practice and took him to live with her.  He was subsequently diagnosed with terminal cancer.

We took independent GP advice, which noted that the GP elected to refer Mr A to urology due to his history of raised prostate-specific antigen (PSA).  This is a protein produced by cells of the prostate gland, levels of which can indicate prostate cancer or other problems with the prostate.  Mr A had been diagnosed two years previously with benign prostatic hyperplasia (BPH) - an enlarged prostate gland - and he was prescribed medication for this.  Mr A’s PSA had last been checked around this time and we were advised that this should have been followed up by the practice with an urgent urology referral, rectal examination, and repeat blood tests.

The next clinical prompt for checking Mr A’s PSA was when he presented with back pain but this was not done.  We were advised that new onset back pain in a man of Mr A’s age should have been a red flag sign and should have prompted further investigations and/or specialist referral.  The practice acknowledged that further investigations should have been carried out, including a check of Mr A’s PSA.  We were also advised that Mr A’s PSA should have been re-checked at the time of referring him to urology and, again, the practice acknowledged that this should have happened.  It was also noted that the referral was sent on a routine basis, when we were advised it should have been given an urgent priority.

We found nothing to link the identified failings to Mr A’s death.  His death certificate recorded gastric cancer and no prostate cancer diagnosis was evident.  However, we were advised that the actions taken by the GPs were unreasonable irrespective of the cause of death.  We found it particularly concerning that their knowledge of Mr A’s history of raised PSA, and lack of follow-up in this regard, did not appear to have prompted a higher degree of suspicion when he presented with new onset back pain.  In the circumstances, we upheld the complaint.  While we were satisfied that the practice had ultimately demonstrated adequate reflection, we considered that there were earlier opportunities for them to have recognised the noted failings.  In particular, they carried out a significant event analysis which did not identify any shortcomings in the care provided.

Redress and Recommendations
The Ombudsman recommends that the practice:

  • apologise to Mrs C for the failings this investigation has identified; and
  • ensure that the Practice team involved in carrying out significant event analyses have familiarised themselves with the relevant NHS Education for Scotland guidance and report back to the Ombudsman when this has been done.
  • Report no:
    201601215
  • Date:
    July 2017
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health

Summary
Mrs C complained about the care and treatment provided to her brother, (Mr A) by Lanarkshire NHS Board (the board).  Mr A had been experiencing pain in his legs, feet and ankles.  He was referred to the deep venous thrombosis (DVT) service at Hairmyres Hospital (the hospital) by his general practitioner and DVT was ruled out as a cause of his symptoms.

Mr A later had a circulation assessment at one of the board's community clinics (the clinic).  Staff at the clinic were unable to find a pulse in Mr A's foot.  Attempts were made to contact the vascular service at the hospital by telephone but there was no reply and a message was left on an answering service.  Mr A returned home. Five days later, however, one of his toes turned black and Mrs C took him directly to the hospital.

A scan showed that Mr A had a blockage in one of the arteries in his thigh and a procedure was suggested to remedy this.  The procedure was not carried out for a further three days during which time Mr A became increasingly unwell.  This deterioration continued after the procedure and Mr A had to undergo an above the knee amputation of his leg.

During our investigation, we took independent advice from a consultant physician and a vascular surgeon.  While we found no issues with the DVT service examination, we identified that the referral pathway from the clinic to the vascular service had failed.  We found that this and the delay in conducting the procedure meant that the board had failed to take appropriate, timely action to try to save the limb.  While unable to definitively determine that the loss of Mr A's leg was avoidable, we considered more urgent action would have given him the best chance of a different outcome.   We upheld Mrs C's complaint.

Redress and Recommendations
The Ombudsman's recommendations are set out below:

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

What we found

What the organisation should do

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

The referral pathway from the Claudication Clinic to the Vascular Service failed for Mr A

Provide a written apology which complies with the SPSO guidelines on making an apology, available at https://www.spso.org.uk/leaflets-and-guidance

A copy of the apology letter

By:  16 August 2017

There were delays in the provision of appropriate treatment to Mr A

Provide a written apology for the delays and the impact this had on Mr A's prospects which complies with the SPSO guidelines on making an apology, available at https://www.spso.org.uk/leaflets-and-guidance

A copy of the apology letter

By:  16 August 2017

 

We are asking the Board to improve the way it does things:

What we found

What the organisation should do

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

The referral pathway from the Claudication Clinic to the Vascular Service failed for Mr A

Ensure it has in place an effective referral pathway which has a failsafe, so that urgent appointments are arranged when needed

Evidence that the referral pathway for urgent care of critical ischemia from the Claudication Clinic to the Vascular Service has been reviewed and, where needed, improved

By:  11 October 2017

There were delays in the provision of appropriate treatment to Mr A

Ensure timely action is taken when treating critical limb ischemia

Evidence that this case has been reviewed for learning and improvement within the Vascular Service.  This should include any action, or planned action, to apply learning identified

By:  11 October 2017

 

Feedback for the Board
Adviser 2's comments on the subjectivity of clinical judgement in assessing pulses should be circulated to relevant staff for learning purposes.

 

  • Report no:
    201507500
  • Date:
    July 2017
  • Body:
    Fife NHS Board
  • Sector:
    Health

Summary
Mrs C complained about the care and treatment her husband (Mr C) received at the Victoria Hospital, Kirkcaldy.

Mrs C said that her husband suffered a fall getting out of bed while on holiday abroad which had caused him to hit his head and lose consciousness for approximately ten minutes.  On arrival home a few days later, Mr C attended the hospital's emergency department.  He was treated as a minor head injury and discharged home the same day with head injury advice.  Mrs C complained that Mr C was not provided with appropriate treatment, and, in particular, that a CT scan was not carried out.

Eleven days later, Mr C returned to the hospital as he had a constant headache.  Mrs C said that, although on this occasion a CT scan was carried out, she had to beg staff to carry it out.  The scan showed Mr C had suffered a brain haemorrhage.  He was transferred the same day to another hospital where he had a craniotomy for an acute subdural haematoma.

Mr C was subsequently transferred back to the Victoria hospital and admitted to a ward.  Mrs C was unhappy with the nursing care Mr C received there.

During our investigation we took independent advice from three advisers:  a consultant in emergency medicine, a consultant neurosurgeon and a nurse.  We found that given his presenting symptoms, an urgent CT scan of Mr C's head should have been carried out when he first presented to the emergency department, and the decision not to do was a significant and serious failing.  We also found that the failure to carry out a CT scan had delayed Mr C's diagnosis and treatment and adversely affected his outcome.  If the diagnosis and treatment had been made sooner there would in all probability have been a significantly improved prognosis for Mr C.  Given this we upheld this aspect of Mrs C's complaint.

We considered, however, that the treatment Mr C received when he returned to the emergency department was timely and was of an excellent standard.  Therefore, we did not uphold this part of Mrs C's complaint.

In relation to the nursing care which Mr C received, the board said they had identified a number of issues where Mr C's care and their communication with Mrs C had at times fallen short of the standard Mrs C expected and they had apologised.  The board said these matters were also addressed with the nursing staff concerned.  We received advice that Mr C's brain injury had caused him to exhibit behaviour which was at times difficult for staff to manage.  While there were many aspects of Mr C's nursing care which were reasonable, we found that he should have been observed for falls better.  We also identified shortcomings in how Mr C's nursing records were kept.  We considered that, on balance, and in the circumstances of this case, the nursing care provided to Mr C was not reasonable and we therefore upheld this aspect of Mrs 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 and Mrs C:

What we found

What the organisation should do

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

The Victoria Hospital's Emergency Department failed to carry out a CT scan of Mr C's head when he attended on 22 August 2015

Provide a written apology for the failure, that complies with the SPSO guideline on making an apology (available at https://www.spso.org.uk/leaflets-and-guidance)

Copy of the apology letter

By: 19 August 2017

 

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

What we found

What should change

Evidence SPSO needs to check that this has happened and deadline

The Victoria Hospital's Emergency Department failed to carry out a CT scan of Mr C's head when he attended on 22 August 2015

The Board should reflect and learn from the comments of Adviser 1 and Adviser 2 for the management of patients with a head injury.  This review should consider how learning from the specific incidents of this case, in particular, where patients present with a sudden onset of severe headache (whether following a head injury or spontaneously).  The review should be used to inform the need for systemic improvement in this aspect of the Board's service

Documentary evidence that reflection has taken place and learning captured, such as copies of minutes of discussions of this report with the relevant staff and managers, internal memos/emails, or reports, and documentation showing feedback given

By: 19 September 2017

The Victoria Hospital's Emergency Department failed to carry out a CT scan of Mr C's head when he attended there on 22 August 2015

The Board should demonstrate they have acted on their learning to ensure their procedure for the management of patients with a head injury, in particular, where patients present with a sudden onset of severe headache. (whether following a head injury or spontaneously) are fit for purpose and reduce the likelihood of a recurrence of the circumstances of this case

Documentary evidence of procedural review and subsequent change.  This should include revised procedures with changes highlighted.

It could include: copies of process audits, internal meeting minutes, review reports or a detailed explanation of the review and its conclusions / any resulting process changes

By: 19 September 2017

 

What we found

What should change

Evidence SPSO needs to check that this has happened and deadline

Nursing staff caring for patients who have suffered a brain injury and for patients with challenging behaviour were not sufficiently well trained

The Board should ensure nursing staff caring for patients who have suffered a brain injury, and for patients with challenging behaviour, receive appropriate learning and development and that mechanisms exist to ensure this is kept up-to-date

Documentary evidence that these training needs are being met, or planned (with definitive timescales, not simply a broad intention)

By: 19 September 2017

There were omissions in record-keeping in relation to the assessment of capacity and consent/violence and aggression assessment

The Board should ensure that systems are in place that ensure nursing records are maintained in accordance with the nursing and midwifery code of practice

Documentary evidence such as discussions about this report, changes that are (or have been) made as a result, and revised procedures or instructions to staff about the application of current procedures

By: 19 September 2017

 

Evidence of action already taken
The Board told us they had already taken action to fix the problem.  We will ask them for evidence that this has happened:

What we found

What the organisation say they have done

Evidence SPSO needs to check that this has happened and deadline

The Board acknowledged that Mr C's care had at times fallen short of the standard Mrs C would expect

The Board said Mrs C's concerns had been shared with the nursing staff and staff had been asked to reflect on this and consider how Mr C's care could have been better

Documentary evidence  of discussion of Mrs C's concerns with the relevant nursing staff at a staff meeting

By: 19 September 2017

 

Feedback for Fife NHS Board
Complaint Number (c)
Points to note:  Given the comments of Adviser 3, the Ombudsman recommends the Board give consideration to having a dedicated ward/part of a ward where patients who have suffered a brain injury and/or exhibit challenging behaviour can be cared for jointly by acute and mental health teams with appropriate staffing levels. 

When responding to a draft of this report, the Board told me that, having considered it, it would not be practicably possible to deliver the point noted in my feedback.  Even so, they will make every effort to accommodate patients with this presentation within two specific wards of Hospital 1 where they have an acute psychiatric liaison service/unscheduled care team.  The Board have also informed me that the supervision procedure for patients requiring one-to-one intensive supervision is currently under review.  It is ultimately a matter for the Board, and I am pleased that they considered the feedback in relation to their services, seriously.

  • Report no:
    201603725
  • Date:
    June 2017
  • Body:
    Lothian NHS Board
  • Sector:
    Health

Summary
Mrs C complained about the delay in arranging an endoscopy procedure for her late husband (Mr C).  She said that although Mr C's GP requested an urgent referral for him, the required procedure was not undertaken until more than three months' later.  At this time, a malignant tumour was found in his oesophagus which was later determined to be inoperable.  Mr C died seven months after this.

Mrs C complained to the board who said that as Mr C's review was not marked 'urgent suspicion of cancer', it was not upgraded to be seen with the highest priority at a time when there were substantial waiting time delays for endoscopy procedures to be carried out.  The board accepted that there had been a delay and said that they were planning to put procedures in place to increase their capacity to meet endoscopy waiting time targets.

We obtained independent clinical advice and found that the board's approach had not been a reasonable one in that there were too many priority streams for grading the urgency of endoscopies.  There was already sufficient clinical information available for Mr C's case to have been triaged as a suspected cancer case and, from the available guidance, it appeared that Mr C's GP had followed the instructions given.  We upheld the complaint.

Redress and Recommendations
The Ombudsman's recommendations are set out below:

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

What we found

What the organisation should do

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

There was a delay in arranging an endoscopy for Mr C

Send Mrs C a written apology for the unreasonable delay in arranging the endoscopy

Provide a copy of the letter of apology

by 21 July 2017

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

What we found

What should change

Evidence SPSO needs to check that this has happened and deadline

Delays in the provision of endoscopies

The delay should be reduced

Evidence of the steps being taken to meet Scottish Government standards

by 21 August 2017

There were too many different priority streams for grading the urgency of endoscopies and the Board's guidance  did not flag the pathway 'urgent suspicion of cancer'

Remove the referral 'urgent suspicion of cancer' or make it absolutely clear that an alternative referral route is required

Evidence of the replacement/new guidance

by 21 July 2017

There were problems with triage

Urgently review their triage process to ensure that patients with dysphagia are appropriately triaged

Evidence that a review has taken place

by 21 July 2017

Evidence of action already taken
The Board told us they had already taken action to fix the problem.  We will ask them for evidence that this has happened:

What we found

What the organisation say they have done

Evidence SPSO needs to check that this has happened and deadline

Delays in the provision of endoscopies

Provided a nurse endoscopist/ additional staffing from December 2016

Immediate confirmation that the additional staff are now in place

This has been provided.

  • Report no:
    201601952
  • Date:
    June 2017
  • Body:
    Grampian NHS Board
  • Sector:
    Health

Summary
Mrs C complained to us about the care and treatment provided to her late son, (Baby A), at the Aberdeen Royal Children's Hospital.  Baby A had been fitted with a shunt (a medical device that relieves pressure on the brain by draining excess fluid into the abdominal cavity) shortly after he was born.  Mrs C complained that when he was admitted to the hospital several months later, there were multiple failings in care and treatment.  Baby A passed away in a specialist paediatric neurosurgery centre under another health board a few days after his admission to the hospital.

During our investigation, we took independent advice from a paediatrician, a neurosurgeon, and an anaesthetist.  We found that although the board's internal investigation had identified some issues in Baby A's care and treatment, they had not addressed the important issues with the episode of care.  Our investigation determined that there was a lack of clarity regarding the roles of each medical team, and that there was a lack of communication between consultants when Baby A's condition was not improving.  We also found that the neurosurgical team had not kept reasonable records, nor had they appropriately assessed Baby A before and after operations.  We identified significant delays in Baby A being reviewed after he underwent operations, and a delay in clinicians contacting the specialist centre for advice on the management of Baby A.  Finally, we considered there to have been a lack of communication from the neurosurgical team and Baby A's parents.  Given the multiple failings identified by our investigation, we upheld this aspect of Mrs C's complaint.

Mrs C further complained to us that after Baby A's death, the board did not contact her or communicate with her until she submitted her complaint.  The board accepted that this was unacceptable, and we upheld this aspect of Mrs C's complaint.

Redress and Recommendations
The Ombudsman's recommendations are set out below:

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

What we found

What the organisation should do

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

There were multiple failings in care and treatment provided to Baby A when he became unwell in August 2015; and the Board failed to reasonably communicate with Mrs and Mr C following Baby A's death

Apologise to Mrs and Mr C for the failings in care and treatment provided to Baby A when he became unwell in August 2015; and for failing to reasonably communicate with Mrs and Mr C following Baby A's death

Copy of apology letter

By:  19 July 2017

 

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

What we found

What should change

Evidence SPSO needs to check that this has happened and deadline

There was a lack of clarity regarding the roles of each team in the care and treatment of Baby A

Roles of each team in situations of joint care (for example neurosurgical and paediatric) should be made clear

Evidence of consideration by the Board as to how teams can clarify roles in situations of joint care

By:  16 August 2017

There was no 'consultant to consultant' discussion when it became clear that Baby A's condition was not improving

Consultants in situations of joint care should discuss a child's presentation when it becomes clear that their condition is not improving

Evidence that this has been fed back to relevant staff (for example, a copy of the minutes of discussion of the complaint at a staff meeting or of internal memos/emails, or documentation showing feedback given about the complaint)

By:  19 July 2017

The Board's internal investigation focussed on the shunt tap attempt as a reason for Baby A's continued deterioration, when in fact it is unlikely that this had any impact on Baby A's clinical status

Internal investigations should involve the appropriate specialisms to identify what issues are pertinent to an episode of care

Evidence that this has been fed back to relevant staff

By:  19 July 2017

There was poor record-keeping by the neurosurgical team

Records made by all clinicians should be in line with national guidance and note all relevant factors in decision making

Evidence that this has been fed back to relevant staff

By:  19 July 2017

There was a failure of the neurosurgical team to document any neurological assessment of Baby A pre- or post- operatively

Neurological assessment should be fully carried out and recorded both before and after operations to revise a ventriculo-peritoneal shunt

Evidence that this has been fed back to relevant staff and evidence that the Board have considered implementing guidelines with regards to neurological assessment pre- and post- ventriculo-peritoneal shunt revision

By:  16 August 2017

There was a lack of post-operative review of Baby A by the neurosurgical team

There should be clear plans in place to review children in a timely manner after neurosurgical procedures

Copy of protocols put in place which note time stipulations for reviewing children after ventriculo-peritoneal shunt revision

By:  13 September 2017

Baby A's condition was not discussed with the specialist paediatric neurosurgery unit until after the second operation

Clinicians should be clear when to discuss cases with specialist units, rather than it being left to the discretion of the individual clinician.

Copy of more specific guidance on which children should be discussed with specialist units

By:  13 September 2017

There was a lack of communication from the neurosurgical team with Mrs and Mr C

Clinicians should be clearly communicating with parents of children in the high dependency unit

Evidence that this has been fed back to relevant staff

By:  19 July 2017

Until Mrs C made a complaint, Board staff did not communicate with Mrs and Mr C after the death of Baby A

Relevant clinical and management staff should initiate communication with the family soon after a child dies

Copy of protocol which stipulates arrangements for communication after a child dies

By:  13 September 2017