Health

  • Case ref:
    201704181
  • Date:
    April 2018
  • Body:
    A Medical Practice in the Lanarkshire NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained to us that the practice had failed to provide appropriate treatment to his late wife (Mrs A). Mrs A had been attending a hospital out-patient department for a separate matter and had been advised to make an emergency GP appointment as she was showing symptoms of a cough and breathlessness. Mrs A developed deep vein thrombosis (DVT, blood clot in a large vein) four days after the consultation and later died. Mr C believed that the practice should have referred his wife to hospital at the time of the appointment.

The practice responded that Mrs A was given an emergency appointment following her attendance at the out-patient clinic. However, the reason for the appointment was for anxiety problems and Mrs A only reported symptoms of low mood and that her heart was racing. Mrs A did not report symptoms of having a cough, chest pain, shortness of breath, or pain or swelling in her leg. The practice prescribed anti-depressant medication and diagnosed anxiety problems.

We took independent advice from an adviser in general practice medicine and concluded that, from the entries in Mrs A's medical records, the practice had provided a reasonable level of care. There was no indication that Mrs A had reported symptoms suggestive of DVT and the medication prescribed by the practice was appropriate for symptoms of anxiety and low mood. There was also no indication that a hospital referral was required at that time. We did not uphold the complaint.

  • Case ref:
    201703294
  • Date:
    April 2018
  • Body:
    A Medical Practice in the Lanarkshire NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C complained on behalf of her late father (Mr A) about the care and treatment he received from the practice prior to his diagnosis of cancer. Mr A presented at the practice with a swollen jaw and neck and was advised to visit his dentist immediately. Mr A later attended the out-of-hours GP service. The practice received the out-of-hours report that stated Mr A had an upcoming appointment at hospital and that he had been referred to an ear, nose and throat specialist. Ms C later contacted the practice as Mr A had become more unwell and an admission to hospital was agreed. Mr A was diagnosed with cancer and died not long after his diagnosis. Ms C complained that more could have been done by the practice to speed up the diagnosis.

We took independent advice from a medical adviser. They reviewed the records and were satisfied that the practice had provided reasonable care at each point of contact. Mr A had been seen by his dentist and out-of-hours services and was soon under the care of a consultant. Therefore, we did not uphold the complaint.

  • Case ref:
    201609412
  • Date:
    April 2018
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, no recommendations
  • Subject:
    appointments / admissions (delay / cancellation / waiting lists)

Summary

Mrs C, who is an advocacy and support worker, complained on behalf of her client (Mrs A). Mrs A was unhappy about delays in getting confirmation of an appointment with a consultant ophthalmologist (a doctor who deals with injuries and conditions in and around the eye). Mrs A was also unhappy with ophthalmology advice and treatment provided to her by the board.

The board acknowledged that Mrs A's clinic appointments were cancelled on a number of occasions and they apologised to Mrs A for the inconvenience this had caused. We found that, at the time, the board did not know that Mrs A's appointments had been cancelled so many times until Mrs C complained on her behalf. We found that the board had unreasonably delayed in confirming an appointment for Mrs A with a consultant ophthalmologist, and we upheld this aspect of Mrs C's complaint. The board provided reassurance that they were taking administrative steps and had recruited staff to stop such delays happening again. Given these steps taken by the board, we made no further recommendations in relation to this.

Mrs A was given different ophthalmology advice at her most recent clinic appointment from advice she had been given before. Mrs A felt she should have been given the new advice previously. We were satisfied with the board's explanation that the latest advice given to Mrs A was not a new type of treatment, but was a variation of the standard advice given for her eye condition. We did not uphold this aspect of Mrs C's complaint.

  • Case ref:
    201605138
  • Date:
    April 2018
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C complained about the care and treatment that her late mother (Mrs A) received at Monklands Hospital. Mrs A was admitted to A&E and was diagnosed with a urine infection. Hospital staff expressed concern over her condition and offered admission to the hospital but Mrs A declined as she thought she only had a urine infection. A week later, as Mrs A's symptoms did not improve, she was seen at home by a doctor. A large mass was identified in her pelvis and there was concern that she may have had a stroke. Mrs A was subsequently admitted to hospital where her stroke diagnosis was confirmed with a scan. Mrs A fell out of bed twice while in the hospital, the second time fracturing her hip which required surgery. After recovering from surgery, she was transferred to another hospital which catered for elderly patients. Mrs A was later discharged and died a few months later.

Ms C complained that Mrs A had not been properly assessed when she was first admitted to A&E and that Mrs A was not given proper rehabilitation support or physiotherapy following her stroke. Ms C was also concerned that the care Mrs A received after her hip fracture was unreasonable. Finally, Ms C complained that communication between the hospital and Mrs A's family was poor.

We took independent advice from a consultant geriatrician, a chartered physiotherapist and a registered nurse. We found that Mrs A's initial assessment had been thorough, and a reasonable diagnosis had been made. We also found that her rehabilitation and physiotherapy had been reasonable but that it had been limited by Mrs A's inability to participate due to her condition. Similarly, her care after she fractured her hip had been appropriate and we found that, although efforts had been made to prevent her fall, it had not been possible to do so. While communication with Mrs A had not always met her and her family's needs, we found that it had been clear and reasonable. For these reasons, we did not uphold Ms C's complaints.

  • Case ref:
    201608505
  • Date:
    April 2018
  • Body:
    Highland NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C, who works for an advocacy and support agency, complained on behalf of her client (Mr A). Ms C complained that Mr A did not receive a reasonable standard of surgical care and treatment when he was admitted to Raigmore Hospital for an operation. During the operation, Mr A suffered an ureteric injury (an injury or cut to the ureter - a tube that carries urine from the kidneys to the urinary bladder). Ms C said that Mr A was not warned of the risk of ureteric injury when he consented to the procedure and that the injury itself was an unreasonable surgical error. Ms C also said that the injury was not identified and treated within a reasonable time. As a result of the failings, Mr A has endured poor health and the quality of his life has significantly deteriorated. It was also likely that Mr A would require further surgical procedures.

We took independent advice from a colorectal surgeon. We found no evidence that the specific risk of ureteric injury was discussed with Mr A during the consent process, which was unreasonable and contrary to the relevant guidance. We also found that the ureteric injury was a surgical error which had an adverse outcome and that it was, to an extent, avoidable. We also found that there was an unreasonable lack of detail in the operation note which may have helped clinicians to be more alert to post-operative complications, although we found that the standard of post-operative care and treatment provided was reasonable. We upheld Ms C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mr A for failing to follow the relevant guidance on consent and ensure sufficient care was taken during the procedure and in completing the operation note. 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:

  • The consent process and related documentation should be reviewed so that clinicians properly obtain and document consent for procedures. The surgeon involved should reflect on this case in their annual appraisal.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

  • Case ref:
    201607458
  • Date:
    April 2018
  • Body:
    Highland NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained about the care and treatment her father (Mr A) received from the board at Caithness General Hospital. Mrs C complained that the board unreasonably failed to take into account her father's dementia, unreasonably failed to establish that Mrs C held a welfare power of attorney in respect of her father and unreasonably failed to obtain appropriate consent for a gastroscopy procedure (an examination of the inside of the gullet, stomach and the first part of the small intestine).

We took independent advice from a nurse and from a consultant in acute medicine. Based on the information in Mr A's records and the advice we received, we considered that the board did not unreasonably fail to take into account Mr A's dementia while he was in hospital and we did not uphold this part of the complaint. However, we were concerned that some documents relating to this were not completed by hospital staff and so we made a recommendation regarding this.

On the issue of welfare power of attorney, we found that attempts should have been made to establish if Mr A had a welfare power of attorney within 24 hours of admission. We found that this had taken the board three days and that this was an unreasonably long time for this to take. We upheld this aspect of the complaint.

Mr A had more than one gastroscopy and Mrs C's complaint was that the board had not obtained appropriate consent for the first gastroscopy. We found that it was reasonable for staff to conclude that Mr A had sufficient capacity to give his consent for his first gastroscopy procedure and that appropriate consent was obtained. We, therefore, did not uphold this part of Mrs C's complaint. However, we were concerned about the consent process for Mr A's second gastroscopy and we found that an adult with incapacity form (completed for patients deemed not to have capacity to consent) should have been completed and that the procedure should have been discussed with Mrs C. We also found that the board's response to Mrs C's complaint was inadequate. We, therefore, made recommendations on these matters.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mrs C, Mr A and their family for the failings in establishing if Mr A had welfare power of attorney, the failings in record-keeping and the complaints handling failures. 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:

  • Patients' Admission/Care Records and Treatment Escalation Plans should be completed fully and accurately.
  • In cases such as this, staff should establish if patients have a welfare power of attorney in a timely manner.
  • In cases such as this, staff should obtain appropriate consent for patients' surgical procedures.

In relation to complaints handling, we recommended:

  • Information in internal investigations of complaints should be accurately reflected in complaint responses and full explanations of decisions should be provided.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

  • Case ref:
    201705195
  • Date:
    April 2018
  • Body:
    A Medical Practice in the Greater Glasgow and Clyde NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C complained that the medical practice wrongly provided her with the flu vaccination a number of years ago and that, as a result, she suffered from numerous medical conditions. These included brain damage, multiple sclerosis, uveitis (inflammation in the eye), reactive arthritis and facial disfigurement. Ms C was concerned that she had not been advised of the risks or potential side effects of the vaccination.

We took independent advice from a GP and found that it was appropriate for the practice to have offered Ms C the vaccination as she suffered from asthma. There was nothing in Ms C's medical records that showed she was suffering from any medical conditions which would have prevented her from receiving the flu vaccination. We also noted that Ms C had signed the consent form for the vaccination at the time. In addition, Ms C's later health issues were not recognised as being attributed side effects from the vaccination. Therefore, we did not uphold the complaint.

  • Case ref:
    201704777
  • Date:
    April 2018
  • Body:
    A Medical Practice in the Greater Glasgow and Clyde NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C, who works for an advice and support agency, complained to us on behalf of his client (Mrs A) that her GP practice failed to provide her with appropriate medical treatment for a painful shoulder. Mrs A asked the practice to give her a steroid injection as her frozen shoulder was causing her pain and distress but was referred to physiotherapy who would decide whether or not to provide the injection. Mrs A was unhappy as she had been given the steroid injection by the practice the year before.

We took independent advice from a GP and found that the practice had provided a reasonable level of care. Although some practices can administer steroid injections to patients if they have additional training, there is no requirement for them to do so. We found that the practice had acted reasonably by asking Mrs A to attend physiotherapy and that they would determine if it was appropriate to administer a steroid injection. We also found that the practice had acted reasonably by prescribing painkilling medication to Mrs A in order to address her symptoms. Therefore, we did not uphold Mr C's complaint.

  • Case ref:
    201704505
  • Date:
    April 2018
  • Body:
    A Dentist in the Greater Glasgow and Clyde NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    communication / staff attitude / dignity / confidentiality

Summary

Mr C complained that his dentist had failed to provide him with appropriate dental treatment. In particular Mr C felt that his dentist had taken a radiograph which was not required and that they had tried to promote the use of private dental treatment over NHS treatment.

We took independent advice from an adviser in general dentistry and found that the dentist had acted in accordance with the national guidance for taking radiographs. The radiographs indicated that there was decay present in Mr C's teeth and that the dentist had suggested appropriate treatment to be carried out. The records also contained evidence of discussions between the dentist and Mr C where it was explained what treatment was available on either NHS dental treatment or private dental treatment. There was no evidence to suggest that the dentist had promoted private dental care. Therefore, we did not uphold Mr C's complaint.

  • Case ref:
    201704364
  • Date:
    April 2018
  • Body:
    Greater Glasgow and Clyde NHS Board - Acute Services Division
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    communication / staff attitude / dignity / confidentiality

Summary

Mr C, who works for an advice and support agency, complained on behalf of his client (Mrs A) about aspects of her admission at Royal Alexandra Hospital. Mrs A was admitted to the hospital after she experienced flu-like symptoms. She was initially treated in the acute medical unit before being transferred to the acute stroke unit. Following a CT scan, a diagnosis of dural venous sinus thrombosis (a type of blood clot that affects part of the brain) was confirmed. Mrs A continued to receive care on the ward, and after she was able to move independently, she was discharged home with a follow-up consultation arranged in the neurology department.

Mrs A was unhappy about the lack of information provided to her about her condition, during her admission. She said that she was not informed that she had two clots in her brain until she attended a consultation with the neurologist three months after discharge. In response to the complaint, the board said that the stroke physician recalled discussing the diagnosis and the need for anticoagulation treatment (treatment with drugs that reduce the body's ability to form clots in the blood) with Mrs A, and also recalled Mrs A's agreement to this treatment. Mrs A was unhappy with this response and brought her complaint to us.

We took independent advice from a medical adviser with experience in stroke care. We found that the care and treatment provided to Mrs A was of a good standard. However, there was no documentation indicating that Mrs A was given an explanation of what was being done, and why, at the time of her treatment. The adviser said that it would have been good practice to record the important parts of the communication with the patient. We could not find evidence of this in the board’s record-keeping and we, therefore, were not satisfied that Mrs A was provided with appropriate information about her condition during her admission. We upheld Mr C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Mrs A for failing to provide her with appropriate information about her condition and any anxiety this might have caused her. 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:

  • Medical staff should provide patients with the information they want or need to know in a way they can understand, and ensure this is documented.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.