Health

  • Report no:
    202200588
  • Date:
    August 2023
  • Body:
    Ayrshire and Arran NHS Board
  • Sector:
    Health

The complainant (C) had a family history of breast cancer and was referred to the high risk/family history service for monitoring. C attended appointments with the high risk/family history service to have regular mammogram scans carried out. In 2019, C had symptoms in their left breast. They received a mammogram scan from the symptomatic service and appropriate investigations were carried out to establish the nature of the symptoms in C’s left breast which was confirmed to be a cyst. At this time, C’s right breast was reported as normal. In 2021, a mammogram scan identified abnormalities in the right breast which led to the diagnosis of advanced (stage 3) cancer. C was told that there were abnormalities present in the right breast on the scan in 2019.

C complained that the Board did not follow up on these abnormalities at the time. In light of C’s complaint the Board carried out an internal review, which C was unhappy with as they thought the review would be independent.

The Board said that mammogram scans are reviewed by two consultant radiologists or consultant radiographers who report independently to ensure there are two clinical opinions. The Board’s response to C’s complaint indicated that the abnormalities were considered and discussed at the time but it was decided that they should not be biopsied.

I took independent clinical advice from a consultant radiologist with specific experience in breast radiology (the Adviser). The Adviser highlighted that the Board’s response did not match the medical records, specifically that the abnormalities were not discussed in 2019 and that these were missed. The Adviser said that it was reasonable for the Board to carry out an internal review but the conclusions reached by the review were not reasonable.

I found that the Board failed to provide reasonable care and treatment to C as abnormalities were missed in 2019. Therefore, the opportunity for early diagnosis was missed. I found that the internal review was unreasonable due to the conclusions reached and that the Board did not appear to be holding appropriate meetings in line with relevant standards. I do not consider that the Board demonstrated they have learned from what happened in this case.

My investigation identified some issues with the way in which the Board investigated and responded to C’s complaint. As mentioned above, I found the medical records did not support the Board’s response. On seeing a draft version of this report, the Board clarified that the abnormalities were not identified or discussed in 2019, and that they were referring to a meeting that was held in 2021. I considered that this should have been made clearer in the complaint response. I found the Board’s handling of C’s complaint to be unreasonable.

As such, I upheld C’s complaints.

 

Redress and Recommendations

The Ombudsman's recommendations are set out below:

What we are asking the Board to do for C:

Complaint number

What we found

What the organisation should do

What we need to see

(a) and (b)

  • Calcifications present in 2019 were missed and not biopsied. Therefore, an opportunity to make an early diagnosis was missed.
  • If the calcifications were biopsied in 2019 a diagnosis of cancer would have been achieved.
  • An appropriate internal review was not carried out as the conclusion reached in relation to the impact of the failings was unreasonable.
  • The Board’s practice of excluding breast radiology cases from radiology education and learning meetings does not appear to be in line with the Standards for Radiology Events and Learning meetings.
  • Information included in the final response to C’s complaint was not supported by the medical records.

Apologise to C for:

  • the failure to identify and biopsy calcifications in 2019, the opportunity to make an early diagnosis, and the significant, detrimental impact this has had on C and their prognosis
  • the failure to carry out an appropriate internal review; and
  • for the failures in complaint handling.

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

A copy or record of the apology

By: 31 August 2023

 

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

Complaint number

What we found

What should change

What we need to see

(a)

  • Calcifications present in 2019 were missed and not biopsied. Therefore, an opportunity to make an early diagnosis was missed.
  • If the calcifications were biopsied in 2019 a diagnosis of cancer would have been achieved.

When mammograms are undertaken on patients presenting with issues in one breast, radiologists should consider and fully report on the findings in both breasts.

There should be appropriate consideration given to carrying out a biopsy when abnormalities such as definite and sizeable calcification are present on a mammogram and the decision in this regard recorded.

  • Evidence that the findings of this investigation have been fed back to relevant staff in a supportive way for learning and improvement and to avoid a similar mistake being made again.
     
  • Evidence that learning is reflected in policy and guidance

    By: 2 September 2023

(b)
  • The internal review that was carried out in this case was unreasonable as the conclusion reached in relation to the impact of the failings was incorrect.
  • The Board failed to reasonably demonstrate that as an organisation they learned from what happened in this case.
  • The Board’s practice of excluding breast radiology cases from radiology education and learning meetings does not appear to be in line with the Standards for Radiology Events and Learning meetings.

An urgent meeting (or meetings) held in line with the Standards to discuss a sample of breast radiology cases from 2021 to date (at least six per year, pro rata for the current year). These cases should be selected in line with the Standards i.e. that are clinically important and have an educational message that would benefit their colleagues.

The meeting(s) should be chaired by an independent person external to the Board, with the appropriate level of expertise and experience. This is to provide assurance about the independence of the meeting(s).

The meeting(s) should

  • record the outcome on each case in line with the Standards, including any “good spots” and learning points and/ or follow-up action
  • identify and share any learning
  • encourage constructive discussion and reflection
  • produce a consensus on structured learning outcomes, learning points, and follow-up actions, supported by an overall, clear implementation plan.

This office and the complainant should be informed of

  • the results of the radiology meetings
  • any learning points and action plan to implement and share findings (as appropriate)

Meeting held by:

31 October 2023

Results of meeting and (as relevant) any action plan by:

1 November 2023

 

(b) We found that the Board’s practice of excluding breast radiology cases from radiology education and learning meetings does not appear to be in line with the Standards for Radiology Events and Learning meetings.

Systems and arrangements should be in place to support all radiology staff and ensure radiology education and learning meetings are held in line with the Standards.

Assurance that the Board will follow the Standards consistently in the future.

  • Evidence the Board has in place an action plan to ensure that the Standards are in place for all radiology staff.
  • Evidence of how the Board will ensure the Standards will continue to be met in the future.
  • Evidence that the Board has communicated the outcome with the complainant.

By: 2 September 2023

We are asking the board to improve their complaints handling:

Complaint number

What we found

Outcome needed

What we need to see

(a)

We found that information included in the final response to C’s complaint was not supported by the medical records.

Complaint investigations should be carried out in line with the NHS Model Complaints Handling Procedure. They should be: accurate in their findings and conclusions, clear, and supported by relevant evidence, such as, medical records.

 

Evidence that the findings of this investigation have been fed back to relevant staff in a supportive way for learning and improvement and to avoid a similar mistake being made again.

Evidence that demonstrates how the Board ensure decisions are accurate and based on available evidence.

By: 2 September 2023

Feedback

Points to note

In this case, the complainant was given the impression that an independent review would be carried out as part of the complaints investigation process. However, it was an internal review that was carried out. Whilst it was reasonable for an internal review to be carried out, I consider that better and clearer communication about this in advance of the review would have been beneficial for the complainant. This would likely have set the complainant’s expectations about what action the Board would be taking and what type of outcome they could expect.

I would ask that the Board reflect on this point and consider this feedback when handling similar situations in the future.

Complaints handling – responding to an SPSO investigation

When organisations are notified of our intention to investigate a complaint they are asked to provide all information relevant to the complaint, including any relevant policies or procedures.

It is disappointing that the Board provided information about radiology meeting standards only once my draft report was issued for comment, and further information only when provided with details about adjustments made to my report in light of that information. This information was relevant to the complaint and particularly important to our investigation of head of complaint (b). This information could have, and should have, been provided at an earlier stage.

I draw the Board’s attention to this point and ask that when responding to enquiries by my office in the future they ensure all relevant available information is provided at the start of our investigation.

In this case, the failure to do this resulted in avoidable delay in finalising my report, and I ask the Board also to reflect on the impact this would have on the complainer and the Board’s own staff.

  • Case ref:
    202104143
  • Date:
    July 2023
  • Body:
    Western Isles NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Communication / staff attitude / dignity / confidentiality

Summary

C engaged with the board’s mental health services and believed that they had received a diagnosis of Borderline Personality Disorder (BPD, a mental disorder characterised by the instability in mood, behaviour, and functioning). They complained to the board that they had been prematurely discharged from mental health services. They also complained about delays, confusion affecting appointments, as well as a failure from the board to reasonably assess their condition.

The board’s position was that C had been discharged originally due to a lack of response to correspondence. When C was thereafter seen by mental health services they acknowledged some confusion with respect to the arrangement for an appointment. With respect to the subsequent appointments C attended, the board explained that there was evidence of possible BPD, but that a diagnosis had not been confirmed. A further appointment was arranged but C did not manage to keep the appointment. The board considered that the psychiatric consultations, over the telephone, were appropriate and did not uphold C’s complaints.

We took independent advice from a specialist in community psychiatry. We found that it was reasonable to discharge C given the evidence available and that they had received no response to their attempts to contact them. Given attempts were made to contact C, we did not uphold the complaint that C was unreasonably discharged.

With respect to the psychiatric assessment and diagnosis of BPD, we found that the assessments carried out were careful and competent, the diagnostic statement was reasonable and that there was no firm diagnosis made, with reasonable advice and plan for follow up. Whilst it was concerning that C had formed the view that the diagnosis was definite, and it was acknowledged that assessments via Teams were preferred over telephone (as occurred in this case), we found that the assessment of C was reasonable. We did not uphold the complaint.

  • Case ref:
    202112026
  • Date:
    July 2023
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Communication / staff attitude / dignity / confidentiality

Summary

C complained on behalf of their parent (A) who was in hospital when they passed away. C complained about the hospitals communication with A and their family during their hospital admission.

We took independent advice from a nursing adviser. We found that there was evidence of a good standard of communication in the medical notes.

  • Case ref:
    202110464
  • Date:
    July 2023
  • Body:
    A Medical Practice in the Lanarkshire NHS Board area
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C presented to the medical practice with nausea and weight loss. Following blood tests, a significant drop in haemoglobin levels was noted and anaemia (deficiency of healthy red blood cells in blood) was diagnosed. C complained that they were not referred on to secondary care for admission or investigation at this point. A few days later, C collapsed and suffered internal bleeding as a result of a large gastric ulcer (a perforation or hole in the lining of the small intestine, lower oesophagus or stomach).

The practice advised that C was a new patient to the practice and had recently been in hospital with acute kidney injury. On first presentation they had a urine infection, which was treated with antibiotics. Following the blood test results, examinations were carried out to check for internal bleeding. No signs of bleeding had been found but C had a bladder full of urine and their catheter was bypassing. The doctor referred to district nursing for a catheter change and a repeat blood test. This was to check whether C was experiencing further kidney injury. There were no obvious signs of dyspepsia (a condition where digestion is impaired) as no heart burn was recorded.

We took independent medical advice from a GP adviser. We found that it would have been appropriate to make an urgent cancer referral based on the symptoms, but that it was reasonable not to have suspected a gastric ulcer. We also found that there was no record that the causes of the anaemia had been fully explored or that a treatment plan and safety netting advice had been considered or communicated.

We upheld the complaint as we considered that although many of the actions had been reasonable, it did not appear that a cancer referral, a treatment plan or safety netting had been properly considered, recorded or communicated. We did not consider that this had changed C’s outcome and acknowledged that the practice had taken steps to learn from the complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for not fully exploring C’s symptom history and medication, for not communicating a treatment plan and for not providing worsening advice in case of deterioration. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflet.

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

  • The practice should consider scheduling regular peer reviews to ensure that consultations are fully recorded including treatment plan and safety netting advice. Staff should be aware of NICE Guidelines and Scottish Referral Pathways for suspected cancer.

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:
    202108773
  • Date:
    July 2023
  • Body:
    A Medical Practice in the Lanarkshire NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained on behalf of their late parent (A) who passed away from cancer. C complained that the practice had unreasonably failed to diagnose A’s cancer. A was suspected of having a chest infection and was given multiple courses of antibiotics. A also had a number of blood tests which C said that A was not always sure what the blood tests were for, nor were they told the results.

We took independent advice from a GP adviser. We found that the blood tests which were carried out were done so for clinical reasons and that there was no error in the taking or analysing of the blood test results. Some of the blood tests were requested by hospital departments. The practice explained that they would not normally contact a patient if the test results were normal. A CT scan carried out by the hospital did not show any malignancy and this would have been reassuring for the GP’s treating A. We did not uphold this complaint.

  • Case ref:
    202108771
  • Date:
    July 2023
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained on behalf of their late parent (A) that the board unreasonably failed to diagnose A’s cancer, from which they later died.

We took independent advice from a respiratory consultant adviser. We found that clinical management from the respiratory team carried out appropriate investigations.

We found that there was a failure in communication of the CT results to A and their family and that there was also a delay in intervention following the abnormal CT report, that a biopsy could have been carried out earlier, and that there was no need to await review at an MDT.

On balance, we found that there was no evidence of an unreasonable delay in diagnosing cancer, therefore we did not uphold this complaint.

  • Case ref:
    202106371
  • Date:
    July 2023
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Hygiene / cleanliness / infection control

Summary

C complained that the board failed to provide reasonable care and treatment to their late parent (A), who died following an admission to hospital. This included issues relating to A contracting COVID-19, that the board unreasonably failed to carry out an SAER/independent review, and that the board failed to reasonably respond to the complaint.

We took independent advice from a specialist in geriatrics (medical care for the elderly). We found that the board had carried out a review of A’s care and had accepted some failings, including that there had been an unnecessary transfer and a delay in cleaning. They apologised for this and had taken improvement action and organised training, which we welcomed and considered were appropriate.

Whilst there were a number of aspects of care provided to A which were appropriate and reasonable, given the unnecessary transfer, the apparent delay in cleaning, and failings with regard to communication, on balance, we upheld this aspect of the complaint.

We also identified complaint handling failings. Whist the complaint response was detailed and lengthy, and attempted to address all of C’s concerns, we upheld this aspect of the complaint, given the lack of detail in the complaint response regarding learning and improvement actions.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the failings in communication, and the lack of information in the complaint response. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

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

  • The board are implementing an electronic handover which will reduce the risk of human error and highlight any issues timeously.
  • Patients who have disabilities such as hearing impairments which may result in them and their families requiring additional support should have their communication needs fully supported and met.
  • The board held Deaf Awareness sessions.

In relation to complaints handling, we recommended:

  • Complaint responses should contain full information to explain decisions and should include information about learning and improvement actions.

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:
    202111811
  • Date:
    July 2023
  • Body:
    Greater Glasgow and Clyde NHS Board - Acute Services Division
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained on behalf of their parent (A) that the board did not provide a reasonable standard of nursing care. A was admitted to hospital with COVID-19 and had to be nursed in isolation due to their COVID-19 positive status.

We took independent advice from a nursing adviser. We found that the majority of the events described by C and A would not necessarily be documented. That in itself was not evidence of a failing, merely that events documented in the notes would be largely clinical in nature rather than communication. Due to the time that had passed since the events complained about, staff did not recall the specific period of care. We found that there was no evidence of unreasonable nursing care or treatment in the medical notes. As such, we did not uphold the complaint.

  • Case ref:
    202108962
  • Date:
    July 2023
  • Body:
    Greater Glasgow and Clyde NHS Board - Acute Services Division
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C spent time in hospital for their mental health. C complained about how the board had managed their prescriptions and about the lack of treatment for their physical symptoms of migraines and hand/arm injuries.

We took independent advice from a consultant psychiatrist adviser. We found that C’s perspective was recorded in contemporaneous notes, that they had requested a change of medication and that their doctor agreed to the trial of an alternative. C’s consent was regularly sought and this was good practice. The evidence suggested that C’s reports of physical symptoms were also properly investigated and that C was offered appropriate pain relief for their migraines. As such, we did not uphold the complaints.

  • Case ref:
    202104299
  • Date:
    July 2023
  • Body:
    Greater Glasgow and Clyde NHS Board - Acute Services Division
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the care and treatment provided to their late parent (A). A underwent surgery to treat hypertension (high blood pressure). A few days later, A’s condition deteriorated with the cause thought to be sepsis (a life-threatening reaction to an infection). A’s condition worsened further and they were transferred to the High Dependency Unit (HDU). A died later that day.

C complained that there had been a failure to administer antibiotics that A had required and that there had been unreasonable delays in transferring A to the HDU, which resulted in A being left in a state of distress. C also complained about the conclusions that the board had reached about A’s care following a Significant Clinical Investigation (SCI).

The board stated that A had been monitored every 30 minutes and that there had been no delay in providing antibiotics to A. The board accepted that there had been a failure in communication between nursing and porter staff which had led to a delay in A being transferred to HDU. However, the board considered that this would not have resulted in a different outcome although it was acknowledged that this would have reduced A’s family’s distress.

We took independent clinical advice from an acute medicine and nursing adviser. We found that there were a number of failings in the care provided to A following the initial deterioration in their condition. This included failure to initiate tests to identify sepsis, failure to commence intravenous fluids (medical technique that administers fluids, medications and nutrients directly into a person's vein) and failure to perform necessary blood tests, as had been outlined by A’s consultant. There was also no evidence that A had received antibiotics nor had been monitored with the frequency stated by the board. We also found that nursing staff failed to escalate a further deterioration in A’s deterioration and that there had been an unreasonable delay of around two hours in transferring A to HDU. In addition, we found that several aspects of the nursing records fell below the professional standards required by the Nursing and Midwifery Council and that the board’s SCI had failed to identify areas of learning arising from this case. For these reasons, we upheld this complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the failings identified. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

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

  • Significant Clinical Incident reports should:
  • (i) be reflective and learning processes that consider events against relevant standards and guidelines,
  • (ii) ensure failings are identified and any appropriate learning and practice improvements are made and,
  • (iii) be in line with Learning from adverse events through reporting and review - A national framework for Scotland: December 2019 (healthcareimprovementscotland.org)
  • Treatment plans should be comprehensive and document the working diagnosis. Patients should receive the treatment plan recorded in the medical records following consultant review unless there is a change of plan. If this happens this should be clearly recorded.
  • Where the cause of a patient’s deterioration is suspected to be due to sepsis, the sepsis bundle should be initiated.
  • Patients should be assessed, in accordance with the NEWS guidance relative to the patient's NEWS score. Where there is deviation from this, this should be recorded. In addition, patients who are assessed to have a NEWS score of five or greater should be escalated urgently for further assessment in line with NEWS guidance. NEWS scoring documentation should be fully completed and recorded.
  • For patients where there is the presence of red flags indicating an ECG, this should be acted on without delay.
  • Where blood tests are requested in order to investigate a deterioration in patient's condition they should be processed and reviewed as soon as possible. Patients should receive the appropriate blood tests to adequately assess the cause of deterioration and any tests that have been specifically requested by clinicians.
  • Where a deteriorating patient requires to be transferred from the ward for more intensive treatment, the transfer should take place as soon as possible and without undue delay. A record should also be made showing which member of staff has requested the transfer, the time at which the transfer was requested and to whom the request was made.
  • Nursing records should be documented in real time, as far as it is reasonably practicable to do so. They should also include a clear timeline of events, the actions taken by nursing staff (including in what order) and details of all communication with relatives and other healthcare professionals.

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.