Health

  • Case ref:
    201907667
  • Date:
    November 2022
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the care and treatment provided to their parent (A) by the board. A was admitted to the hospital due to a catheter blockage. On examination, it was determined that A required specialist treatment and an ambulance transfer to another hospital within the board was arranged. It took approximately six hours for the ambulance to arrive by which time A was showing signs of sepsis (a life-threatening reaction to an infection).

Antibiotics treatment was initiated on A’s arrival and they had regular washouts of their catheter and continuous irrigation due to blockages and bleeding. A had ongoing uro-sepsis and required blood transfusions. A suffered a heart attack during their admission and blood-thinning medication was prescribed. However, this made the bleeding at the catheter site increase. A died in hospital several days later.

C complained to the board about A’s care and treatment but the board did not identify any failings. The board did identify and apologise for failure in communication with C. C remained unhappy and asked us to investigate. C complained that the staff in the first hospital had unreasonably delayed in treating A with antibiotics. C complained that staff in the second hospital subjected A to unnecessary pain while irrigating their catheter. C also complained that staff failed to identify that A’s catheter had been incorrectly placed. C complained about a decision to prescribe A with the anti-coagulant. C also complained about the palliative care given to A.

We took independent advice from a consultant in emergency medicine and a consultant urological surgeon (specialist in the male and female urinary tract, and the male reproductive organs). We found that staff in the first hospital had unreasonably delayed in treating A with antibiotics and we upheld this aspect of C’s complaint. We found that the care and treatment given to A in the second hospital was reasonable. However, we considered that staff had failed to recognise that A’s catheter was in the incorrect position within a reasonable timescale and therefore upheld this aspect of C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the delay in treating A with antibiotics until they had been transferred to the specialist; and in recognising that A’s catheter was in the incorrect position. 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:

  • Patients diagnosed with sepsis should have antibiotics administered promptly and without delay.
  • Patients undergoing catheter insertion should be closely monitored so that any complications such as incorrect placement are recognised and treated without delay.

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:
    202103864
  • Date:
    November 2022
  • 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

C complained that the practice failed to provide their late spouse (A) with appropriate care and treatment. C said that GPs at the practice failed to see their partner at face to face consultations where they could observe their reported symptoms of facial weakness. Phone calls were made on a Friday and Monday but A was still not seen despite contacting the Out Of Hours Service (OOHS) at the weekend. A died a few days later of a stroke.

C felt that the practice should have seen A face to face rather than via telephone consultations. The practice believed that the GPs involved had provided A with appropriate care and treatment based on their reported symptoms at the time.

We took independent advice from an appropriately qualified adviser. We found that the practice had provided a reasonable level of care based on A’s reported symptoms. Therefore, we did not uphold the complaint but provided the practice with feedback concerning the standard of record keeping.

  • Case ref:
    202101586
  • Date:
    November 2022
  • Body:
    Greater Glasgow and Clyde NHS Board - Acute Services Division
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Nurses / nursing care

Summary

C’s parent (A) lived in a nursing home and had been shielding during the COVD-19 pandemic. A was later admitted to hospital and was placed in a green pathway (a ward for COVID-negative patients) ward in preparation for emergency surgery. Following surgery and a few days in the High Dependency Unit, A was transferred to another ward which C was advised was a red pathway ward (a ward for COVID-positive patients). A was discharged over a week later.

C complained to the board about A’s transfer to a red pathway ward and had not been satisfied with the explanation the board provided. C also complained about the standard of nursing care, the decision to discharge A, and that the board failed to arrange follow-up care for A following their discharge.

We took independent advice from a nurse and a consultant geriatrician (specialist in medicine of the elderly). We found that, while the decision to transfer A to a red pathway ward had been reasonable and appropriate in the specific circumstances, the board had not reasonably explained the decision to C. Therefore, we upheld this part of C’s complaint.

We also found that the standard of nursing care and decision to discharge A was reasonable. The board also made the relevant referrals to the appropriate community services after A’s discharge. Therefore, we did not uphold these aspects of C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for not explaining the rationale behind the transfer of A to a red pathway ward. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

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:
    202105940
  • Date:
    November 2022
  • Body:
    A Medical Practice in the Grampian NHS Board area
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained that the medical practice failed to provide reasonable care and treatment to their spouse (A) after they presented with a lump in their right breast.

We took independent advice from a GP. We found that the time taken to refer A to hospital when they first consulted the medical practice with the lump in their right breast was unreasonable. It was also unreasonable that the referral was not marked as urgent.

The medical practice had carried out a detailed review of A’s care and had accepted that there was a complete systems failure in the care and treatment provided to A. They had made a number of changes which we welcomed and considered were appropriate. Nevertheless, we found that they had not fully acknowledged their specific role and responsibility in relation to the failings which had occurred given their responsibilities for the supervision, training and actions of their employed staff.

We also identified additional issues not addressed by the medical practice in their consideration and response to the complaint. In particular, that the medical practice should have a system in place to ensure any outstanding referrals were identified when a colleague is unexpectedly absent due to sickness or ill-health and that it was unreasonable that A was not contacted by the medical practice after the cancer diagnosis given the significance of the diagnosis and their delay in sending the referral and marking it as urgent. We also found that the medical practice did not appear to have considered their duty of candour responsibilities in this case. Therefore, we upheld C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C and A 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:

  • Patients should receive appropriate assessment and referral in line with relevant guidelines. Patient referrals should be reviewed and actioned when the responsible member of staff is absent unexpectedly. Where appropriate, patients should be contacted after receiving a significant diagnosis. This should include when the practice become aware that harm has occurred as a result of an unintended incident in healthcare to take into account duty of candour responsibilities, individual roles and their role responsibilities in making sure this happens.

In relation to complaints handling, we recommended:

  • The practice should ensure that, where failings have been identified during a complaint investigation, the investigation and response fully acknowledges and take responsibility for the failings and ensures there is appropriate learning across the practice.

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:
    202001722
  • Date:
    November 2022
  • Body:
    Grampian NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained that the board took too long to offer them steroid/local anaesthetic injections for vulvodynia (chronic pain or discomfort in the vulva). C felt this was dismissive and unsatisfactory. The board said that C did not receive the treatment initially as it was not clinically appropriate at that time. They said in order for the treatment to be effective, there should be a locally tender area to inject which C did not have. The board added that it was important to note that the treatment is unlicensed and so is only to be considered for use when definitely clinically indicated.

We sought independent clinical advice from a consultant. We found that it is right for the board to have a cautious approach to the use of unlicensed treatment. We noted that the treatment C received for many years was reasonable. However, it was later indicated that C had developed a localised area of pain and it would have been reasonable to discuss the treatment with C at that point.

We considered that whilst the care and treatment provided to C was generally reasonable, the board should have discussed the treatment option of steroid/local anaesthetic injections earlier than they did. For this reason, on balance, we upheld C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for not discussing the pros and cons of steroid/local anaesthetic injections as a treatment option or offering C the chance to decide whether or not they wanted to try this treatment. 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:

  • Patients attending vulval pain clinics should be fully informed about their condition as well as the pros and cons of available treatments. Staff caring for patients attending vulval pain clinics should be aware of the full range of treatment options so that they are able to provide holistic care and advice to patients.

In relation to complaints handling, we recommended:

  • Complaints should be responded to in line with the Model Complaints Handling Procedure (MCHP) and issued within the expected timescale of 20 working days. If the board are unable to meet the 20-working day deadline, updates and a new deadline should be issued to C in line with the MCHP.
  • Letters of complaint received by the board should be logged and forwarded as appropriate to the complaints and feedback team.

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:
    202007052
  • Date:
    November 2022
  • Body:
    Forth Valley NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the care and treatment they received from the board having required hip surgery following a fall. Specifically, C was concerned about the type of hip surgery they received, their post-operative care, the arrangements made for their discharge home, and the way in which the board had responded to their complaint. In responding to C, the board did not uphold the failings they had identified, and they provided a rationale for the type of surgery C received, and for the care and treatment given.

We took independent advice from an orthopaedic surgeon (specialist in the treatment of diseases and injuries of the musculoskeletal system). We considered the procedure chosen for C to be evidence based and appropriate to their particular circumstances. We also found the post-operative care and discharge planning for C to be reasonable. Finally, we considered the board’s complaint response to have appropriately responded to the matters they had complained about. Therefore, we did not uphold C’s complaints.

  • Case ref:
    202111152
  • Date:
    November 2022
  • Body:
    A Medical Practice in the Fife NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained on behalf of their parent (A) for whom they hold power of attorney. C complained that the practice had incorrectly diagnosed and treated A with chronic back pain. C stated that A was later admitted to hospital with a fractured back and pneumonia.

The practice advised that there was nothing to clinically suggest a fracture at the time and it would not have altered treatment. They noted that A did not have pneumonia as per hospital discharge.

We took independent advice from a GP. We found that a thorough physical examination was undertaken which did not raise concerns of a fracture. We also found that appropriate pain relief is the only immediate treatment for vertebral fractures. There were no symptoms of pneumonia when the patient was seen by the GP and no suggestion of pneumonia in the medical records. We did find one mention of pneumonia in a letter between two third party medical professionals, who were not involved in A’s hospital care. Therefore, we did not accept this as evidence of a pneumonia diagnosis. In light of this, we found that the overall care and treatment provided to C was reasonable and did not uphold C’s complaint.

  • Case ref:
    202104829
  • Date:
    November 2022
  • Body:
    A Medical Practice in the Borders NHS Board area
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the care and treatment their adult child (A) received from the practice. A had undergone surgery to remove infected fluid on the right lung. Gabapentin (an anticonvulsant medication primarily used to treat partial seizures and neuropathic pain) was prescribed to manage nerve pain at the incision site. The practice later stopped prescribing gabapentin and A’s mental health deteriorated significantly.

C complained about the abrupt withdrawal of gabapentin. They highlighted that gabapentin had been prescribed to manage ongoing nerve pain following surgery and noted the risks of sudden withdrawal. The practice stated that prior to the discontinuation of gabapentin there had been an increase in early requests for renewal of medication, which caused concern. A had not attended appointments with the GP or with cardiology (specialists in diseases and abnormalities of the heart). The GP felt that they could not justify further prescription of controlled drugs without seeing the patient.

We took independent advice from a GP. We found that there was no record of any significant harm from gabapentin or evidence of overuse, or had there been any discussion around reducing or stopping gabapentin. We noted that gabapentin is known to cause problems during the withdrawal period and it should therefore be withdrawn slowly. We also found that no withdrawal support was given. In light of this, we considered that the practice had failed to appropriately manage A’s prescription for gabapentin and upheld C’s complaint.

We also found failings in the practice’s handling of C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to A for abruptly stopping gabapentin. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.
  • Apologise to A for the complaint handling issues. 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:

  • Complaint acknowledgements should include all the information required by the Model Complaints Handling Procedure. Points of complaint should be agreed with the complainant at the outset. Points of complaint should be addressed in the response. Care should be taken with the tone of the response.
  • GPs should be familiar with the guidelines for withdrawal of medicines associated with dependence.
  • The practice should have a policy around how they contact patients especially when their phones are unobtainable. Alternative modes of communication like home visit, letter or taking help from a household contact to confirm phone number could help clinicians provide safe care to patients.

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.

  • Report no:
    202105473
  • Date:
    November 2022
  • Body:
    Highland NHS Board
  • Sector:
    Health

The complainant (C) complained to my office about the care and treatment provided during the period January 2018 to September 2021. In January 2018 C underwent emergency surgery for a perforated sigmoid diverticulum (a complication of diverticulitis, an infection or inflammation of pouches that can form in the intestines). An emergency Hartmann's procedure (a surgical procedure for the removal of a section of the bowel and the formation of a stoma - an opening in the bowel) was performed. In April 2018, C was seen in an outpatient clinic and informed it would be possible to have a stoma reversal.

C complained that the Board had continually delayed the stoma reversal surgery which they required, which as of September 2021 had not taken place. C also complained that COVID-19 could not account for the delays between the Board informing C they were ready for surgery around December 2018 and the start of the pandemic in March 2020. C noted that as a consequence they had developed significant complications: a large hernia. C added that this had severely impacted their personal life and self-esteem, and left them unable to work and reliant on welfare benefits.

The Board apologised that C had experienced delays waiting for their operation. They explained that despite a positive reintroduction of surgery in June 2021, they were required to significantly reduce elective surgical activity as COVID-19 patients again increased. C was said to be at the top of the list for their surgery, however, C would require two consultants to perform a joint procedure. They added that there were limited high dependency beds available, necessary for C's post-operative care, causing further delay. The Board were therefore unable to offer a definitive timescale for C's surgery.

I sought independent advice from a consultant general and colorectal surgeon (the Adviser). The Adviser told me that it was unreasonable for C to have waited eight months between being seen in an outpatient clinic in April 2018 and having a flexible sigmoidoscopy (a non-surgical examination) in December 2018. The Adviser considered that this delay had been due to C having been unnecessarily placed on a 'named person list' requiring a specific consultant to carry out what was a routine investigation. The Adviser also noted that it was a further year before C was placed on the waiting list for surgery and that it appeared that there was no monitoring of C's timeline during this period. Lastly, the Adviser told me that there appeared to have been insufficient priority given to C's treatment post-pandemic. In conclusion, the Adviser said that the delays were unreasonable and noted that as a consequence C required more complex, demanding, and risky surgery.

In light of the evidence I have seen and the advice received, I found that: the Board unreasonably delayed performing a reversal of Hartmann's procedure. As such, I upheld C's complaint. I was also critical of the Board's own investigation of C's complaint. During the course of my investigation, in June 2022, C underwent surgery to reverse the Hartmann's procedure and repair the hernia.

 

Redress and Recommendations 

The Ombudsman's recommendations are set out below:

What we are asking the Board to do for C:

What we found

What the organisation should do

What we need to see

The length of time C waited for a flexible sigmoidoscopy to be carried out was unreasonable.

The use of a 'named person' list led to an unreasonable delay in carrying out a flexible sigmoidoscopy.

The length of time C waited to be seen at an outpatient clinic in January 2020 to discuss surgery following a flexible sigmoidoscopy was unreasonable.

The length of time C waited for their planned surgery was unreasonable.

There was a failure in complaint handling by the Board in relation to C's complaint.

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.

A copy or record of the apology.

By: 23 December 2022

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

What we found

Outcome needed

What we need to see

The length of time C waited for a flexible sigmoidoscopy to be carried out was unreasonable. Patients awaiting elective surgery, particularly flexible sigmoidoscopy/endoscopy should have treatment carried out as soon as possible and where clinically necessary the patient's care should be prioritised.

Evidence that the Board have reviewed the systems they have in place for the management and prioritisation of patients awaiting elective surgery, particularly in relation to the endoscopy service to ensure that they are both appropriate and effectively managed.

By: 23 February 2023

 

The use of a 'named person' list led to an unreasonable delay in carrying out a flexible sigmoidoscopy. Patients requiring flexible sigmoidoscopy/endoscopy should be added to the most appropriate waiting list for this type of treatment.

Evidence that the Board have carried out a review of the use of a named person's list in relation to the endoscopy service.

By: 23 January 2023

Evidence of any actions or changes taken or planned as a result, with timescales if part of an ongoing action plan.

By: 23 February 2023

The length of time C waited to be seen at an outpatient clinic in January 2020 to discuss surgery following a flexible sigmoidoscopy was unreasonable. Patients should be followed up at outpatient clinic appointments following flexible sigmoidoscopy/endoscopy within a reasonable timeframe.

Evidence that the Board have reviewed their arrangements for administering and monitoring the waiting list for outpatient clinic appointments in particular in relation to the endoscopy service, to ensure future delays such as this are avoided with a note of any actions or changes as a result.

By: 23 February 2023

The length of time C waited for their planned surgery was unreasonable. A clear treatment path should be in place for patients whose surgery is delayed that is based on current recognised prioritisation criteria.

Evidence that my findings have been shared with relevant staff in a supportive manner that encourages learning, including reference to what that learning is (e.g. a record of a meeting with staff; or feedback given at one to-one sessions).

By: 23 January 2023

 We are asking the Board to improve their complaints handling:

What we found

Outcome needed

What we need to see

The Board's own complaint investigation was of poor quality and did not address all of the issues raised by C in their complaint to them.

The Board failed to address and acknowledge the significant and unreasonable delays in C's care and treatment, which occurred during the period before the COVID-19 pandemic started.

The Board's complaint handling monitoring and governance system should ensure that failings (and good practice) are identified; and that learning from complaints is used to drive service development and improvement.

The Board should comply with their complaint handling guidance when investigating and responding to complaints.

Evidence that these findings have been fed back to relevant staff in a supportive manner that encourages learning, including reference to what that learning is (e.g. a record of a meeting with staff; or feedback given at one to-one sessions).

By: 23 January 2023

 

 

  • Case ref:
    202001408
  • Date:
    October 2022
  • Body:
    Tayside NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the care and treatment that they received in relation to their mental health from the board over the course of just over a year. C was also concerned about the treatment that they received from a psychiatric consultant including consideration of referring C to a different health board and dealing with complexities in the case, such as C’s parent being employed by the board. We took advice from an independent psychiatric nursing adviser. We found that the overall standard of treatment provided to C was reasonable and did not uphold this complaint.

C was also concerned that the board unreasonably delayed the organisation of community mental health care to them due to concerns over safety and risk. Although C was ultimately referred to the specific community mental health team outwith the area that they had requested from early in the process, we found that the board’s regard for the potential risks of such an arrangement were reasonable and that, overall, there was no unreasonable delay due to the board’s action and that the standard of care provided was reasonable. We did not uphold this complaint.

C was further concerned that the psychiatric consultant did not reasonably record their assessment and reasoning of decisions to hospitalise C, to prescribe medicine to C or to refer C to a psychologist. We found that record keeping over the relevant period had been reasonable and that, taking all of the available evidence, the psychiatric consultant had reasonably recorded their assessments and reasoning regarding C’s treatment. We did not uphold this complaint.

C was concerned about delays in the board responding to complaints about their care and treatment, the board’s inability to explain the reasons for those delays and the board’s failure to provide a copy of a response to an elected representative as C had requested. While the board had accepted some of these failures during their consideration of the complaints submitted or while responding to our enquiries we also concluded that, contrary to the board’s views, the reason for these delays were confusion within the board and a lack of clear responsibility for responding to the complaints. We upheld this complaint.

Recommendations

What we asked the organisation to do in this case:

  • Re-iterate their apologies to C for the unreasonable delays in responding to the complaints and their unreasonable failure to provide a copy of their response to their MSP as they had requested. Apologise to C that they did not provide reasonable explanations for the delays in responding to the complaints. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

In relation to complaints handling, we recommended:

  • Establish a clear hierarchy of responsibility for complaint responses and a system of escalation to senior management for circumstances where complaints have not been responded to within three times the length of a timescale in the Complaints Handling Procedure, or Complaints and Feedback Team follow up messages do not result in action to progress matters.

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.