Health

  • Case ref:
    202004335
  • Date:
    June 2022
  • Body:
    A Medical Practice in the Grampian NHS Board area
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the care and treatment provided to their late spouse (A) by the practice. A died due to invasive bladder cancer and urinary sepsis (blood infection). C complained that the practice unreasonably delayed referring A to secondary care for investigation despite presenting with recurrent urinary tract infections (UTIs) that did not respond to antibiotic treatment. C considered that A's bladder cancer may have been identified earlier, and that their death avoided, had the practice referred them for investigation much sooner.

The practice's position was that A had a long history of intermittent UTIs, which were usually treated with antibiotics. At one point, all of A's urine samples showed pus cells but a normal range of red cells, which was suggestive of simple UTIs. The early signs of bladder cancer such as blood in the urine were not apparent in A's case until a relatively late stage. The practice considered that abnormalities in A's blood results (increased platelet and white cell count) were caused by A's unrelated medical conditions.

We took independent advice from a general practitioner adviser. We noted that patients over a certain age with recurrent or persistent UTIs (i.e. three episodes in 12 months) associated with haematuria (blood in the urine) should be referred for urgent investigation in accordance with national guidelines. In A's case, they had attended the practice three times in four months with recurrent UTIs and haematuria found on dipstick testing. At this point, we found that A should have been referred on an urgent basis in line with the guidance but that the practice did not do so for a further ten months. We found that the practice had failed to identify that A's blood results showed signs of recognised malignancy and that they had repeatedly failed to record A's clinical history and review the results of investigations performed. As such, 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:

  • In view of our findings, carry out a reflective Serious Adverse Event Review (SAER) of this case which includes: a review of the failure to refer A for further investigations, including the lack of detail of their presenting symptoms and the lack of relevant clinical history in A's records; a review of the practice's result handling processes and, where issues are identified, how these are monitored and actioned by a responsible clinician; a review of the guidelines for early referral of suspected urological cancers; and a review of the failure to exclude a urine infection in relation to the care and treatment A received for a kidney infection. Information regarding a patient's care and treatment and diagnosis should be accurately recorded in their clinical records.

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:
    202003195
  • Date:
    June 2022
  • Body:
    Grampian NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C's parent (A) had been treated for kidney cancer and then developed cancer of the bladder. They were receiving dialysis three times a week. The GP practice in this case is managed by the board. A developed back pain and called out a GP, who prescribed dihydrocodeine (an opiate painkiller). They remained in pain the following day and called out another GP, who prescribed diazepam (a medicine used to treat anxiety) and told A to double the dose of dihydrocodeine. After increasing the dosage of dihydrocodeine A became drowsy and unresponsive. They were admitted to hospital and transferred to the Intensive Care Unit for dialysis but did not improve and died of multiple organ failure, and presumed ischaemic bowel disease (lack of blood flow to the intestine). Their death certificate also recorded end stage renal failure and a trial fibrillation (a heart condition that causes an irregular and often abnormally fast heart rate). C complained that A's GPs should not have prescribed these medications because of A's renal failure.

We took independent advice from a GP adviser. We found that each GP had assessed and treated A appropriately, taking into account their presenting symptoms and existing health concerns. We noted that A's treatment options were significantly limited by their renal failure. We found that it was appropriate to prescribe opiates, as pain control was the objective and A was due dialysis which would significantly reduce the risk of toxicity. We found that although the medications had a sedative effect, they did not cause A's subsequent death. We found some shortcomings in documentation but were satisfied that the board had addressed this matter. We found that the GP treatment provided to A was of a reasonable standard and therefore did not uphold this complaint.

  • Report no:
    202001373
  • Date:
    June 2022
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health

C complained about the care and treatment provided to their spouse (A) during the period August 2018 to June 2019. A had been diagnosed with primary biliary cirrhosis (PBC, a disease that harms the liver’s ability to function) in 2004 and was under the observation of gastroenterology (the branch of medicine focused on the digestive system and its disorders) for the condition. In June 2019 A was diagnosed with cholangiocarcinoma (a type of cancer that forms in the tubes connecting the liver with the gallbladder and small intestine). They died a short time later.

C complained that from 2018 onwards there were delays in diagnosing A’s cancer and, that had A been diagnosed and received treatment earlier, this may have led to a different outcome. C also complained that the Board’s communication with A was unreasonable, particularly that: A was not made aware cancer was a possibility; they were reassured that results were not sinister which minimised their concerns; and the results of the biopsy were not communicated with A.

The Board said that A did not show any signs of advanced liver disease. When an ultrasound scan showed abnormalities further investigations were carried out, however, a diagnosis could not be established until a liver biopsy was obtained and reviewed by specialists. The Board acknowledged a delay in the liver biopsy being taken, they apologised for this and assured C that they would take learning from the complaint.

The consultant involved in A’s care acknowledged that it would have been better to have kept A informed and apologised for this. The Board explained that the results of the biopsy were sent to a different consultant in error and the report was not forwarded timeously. The Board apologised for the unacceptable delay in updating A with the results of the biopsy.

We sought independent advice from a consultant hepatologist (the Adviser). The Adviser told us that A’s PBC was not well controlled and A developed signs of disease progression. A reasonable time to carry out investigations would have been 12 weeks, however, it took the Board 27 weeks to carry out the necessary investigations (not including the further delay in receiving the biopsy report). The Adviser noted that it appeared from the documentation that the possibility of cancer was not communicated well enough. In conclusion, the Adviser said that it is possible A’s quantity of life would have been better, and therefore, A could have lived longer if the diagnosis had been made earlier.  

In light of the evidence we have seen and the advice received, we found that: the care and treatment provided by the Board before and leading up to the diagnosis was unreasonable; and the Board failed to reasonably communicate with A and they should have told A much earlier that the tests being carried out were for cancer. As such, we 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)

Under (a) we found the Board failed to:

  • provide reasonable care and treatment to A which led to a delay in the diagnosis of cancer;
  • identify that A was showing signs of advanced liver disease in 2017;
  • initiate further investigations (an ultrasound scan) at that time; and
  • failed to examine A in 2018 and ensure further investigations were carried out urgently.

Under (b) we found the Board failed to communicate reasonably with A and A’s GP.

Apologise to C for the failure to:

  1. provide reasonable care and treatment to A
  2. identify that A was showing signs of advanced liver disease
  3. initiate and expedite further investigations, and
  4. communicate with A reasonably.

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: 22 July 2022

 

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

Complaint number

What we found

Outcome needed

What we need to see

(a)

Under (a) we found that the Board did not identify that A was showing signs of advanced liver disease in 2017, and unreasonably failed to initiate further investigations (an ultrasound scan) at that time.

Patients showing signs of advanced liver disease should receive appropriate care and treatment that is in line with relevant guidance.

Evidence my findings have been shared with relevant staff in a supportive way for reflection and learning.

Reflecting the passage of time, evidence that the Board now have appropriate guidance for staff which takes into account the relevant national guidance for treatment of advanced liver disease and that clinicians are aware of the guidance. If not, the evidence of the action taken to rectify this.

By: 22 September 2022

(a) Under (a) we found that the Board failed to examine A in 2018 and ensure further investigations were carried out urgently.

Patients presenting with symptoms as in A’s case should be examined and have further investigations carried out urgently.

Cancer trackers should be utilised early in cases like this (where a lesion on the liver is a possible cancer) to avoid delays.

Evidence that my findings have been shared with relevant staff in a supportive way for feedback and reflection.

Evidence that consideration has been given as to whether guidance is required for the management and reporting of liver biopsies. This should take into account relevant national guidance and the evidence should demonstrate that clinicians are aware of the guidance.

Evidence that the Board have an adequate tracking system in place when cancer is suspected, to avoid delays like this happening again.

By: 22 September 2022

(b) Under (b) we found that the Board’s communication with A, particularly around the reasons for surveillance investigations and that cancer was a possibility, was unreasonable. Patients should receive clear explanations for any investigations proposed or carried out and should be provided with appropriate information about their condition, including where cancer is a possibility. Where discussions have taken place, this should be documented.

Evidence my findings have been shared with relevant staff in a supportive way for feedback and reflection.

Evidence the Board have reminded relevant staff that patients should be informed about the reasons for screening scans in good time.

By: 22 September 2022

(b) Under (b) we found that A’s GP should have been written to about pain relief and arranging palliative care rather than copied in to correspondence regarding this. GPs should be contacted directly about care to be organised by the GP practice.

Evidence that my findings have been shared with relevant staff in a supportive way for feedback and reflection, and a note of any actions or changes as a result.

By 22 August 2022

We are asking the Board to provide evidence of action they have already taken:

Complaint number

What we found

What the organisation should do

What we need to see

(a)

Under (a) we found that there was an unreasonable delay in the liver biopsy results being made available to Consultant 1.

Clinicians should receive biopsy results within an appropriate timescale.

Evidence of the discussions already held with radiology staff to highlight the importance of forwarding results to the referring clinician immediately, and a note of any actions or changes as a result.

By: 22 July 2022

 

Feedback

Points to note

We are sharing this with the Board in the spirit of reflective learning to drive service improvement.

The Adviser considered A’s PBC was not well controlled with fluctuating alkaline phosphatase. A developed signs of potential disease progression (spider naevi), an additional risk factor for liver cirrhosis (diabetes) and had weight loss. The Adviser highlighted that, in their view, the management of A’s condition earlier in the disease could have been better if A had been followed up by a consultant with liver interest (and liver nurses as part of a liver team).

The Adviser also highlighted that it is good practice to copy all communication (i.e. clinic letters to other specialists, GPs etc.) to the patient for improved patient communication. The Board may wish to note this and refer to the ‘please write to me’ guidance on writing out-patient letters.

We encourage the Board to consider this feedback carefully to inform whether changes are required to the way in which they manage similar patients in the future.

  • Case ref:
    202007781
  • Date:
    May 2022
  • Body:
    Scottish Ambulance Service
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Failure to send ambulance / delay in sending ambulance

Summary

C's late partner (A) tested positive for COVID-19. A's condition worsened over time and C called 111 as they were concerned A's breathing was becoming laboured. C had to wait around 20 minutes before the call was answered. Once connected, the call lasted around 30 minutes. The call handler contacted the Scottish Ambulance Service (SAS) and said that they were 'looking to arrange an immediate response for a patient'. A's condition deteriorated further and C made a 999 call around ten minutes after ending the call to 111, as assistance had not yet arrived. However, by the time paramedics arrived, A had stopped breathing and could not be resuscitated.

C complained about the length of time it took for an ambulance to arrive. They complained that paramedics did not arrive in personal protective equipment (PPE), and considered that they wasted time getting dressed outside when it was an emergency call. C also queried whether a defibrillator (an electronic device that applies an electric shock to restore the rhythm of a fibrillating heart) had been used as they could not hear any shock being administered.

We took independent advice from a paramedic. With regard to the initial call from NHS 24, we found that this had been dealt with appropriately. The call taker had assigned the request for an ambulance the correct level of priority, in terms of the SAS coding system in place at the time. Therefore, we did not uphold this aspect of the complaint. However, we noted weaknesses in the NHS 24-SAS service interaction and suggested that SAS review the process and consider making improvements if necessary.

We found that the response to the 999 call was reasonable, proportionate and timely. We noted that it would not have been appropriate to provide shock to A, given their clinical condition. We also accepted SAS' explanation as to why crew required to put on PPE when they arrived at the scene, which was necessary for infection control. We did not uphold this complaint.

  • Case ref:
    201903984
  • Date:
    May 2022
  • Body:
    Scottish Ambulance Service
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Clinical treatment / Diagnosis

Summary

C complained about the Scottish Ambulance Service (SAS) after calling an ambulance for their spouse (A). The ambulance crew that initially attended C diagnosed that A's condition was not sufficiently serious to require hospital attendance and instead requested that a GP attend instead. C considered that this was unreasonable as, when the GP did later attend, they requested a further ambulance to take A to hospital. C was also concerned about the SAS' handling of their subsequent complaints.

We took independent advice from an emergency medicine clinician. We found that the original ambulance crew had carried out a detailed diagnostic investigation and reasonably concluded that requesting a doctor to attend the home was the best option. Therefore, we did not uphold C's complaints in that respect.

However, our investigation did raise concerns about the SAS' complaints handling. We found that there were unexplained inaccuracies in their response and also that they had failed to clarify the nature of C's complaints when this was not clear from the complaint correspondence, leading to a misunderstanding of the nature of the complaint. We upheld this aspect of C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for failing to accurately respond to their 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:

  • Where a complaint is not entirely clear, clarification should be sought from the complainant to ensure a full and accurate response.

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:
    202009009
  • Date:
    May 2022
  • Body:
    A Medical Practice in the Lothian NHS Board area
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained to us about the care and treatment that they had received from their GP practice. C told us that the practice had failed to carry out appropriate prostate specific antigen (PSA) testing after they found out that C was at increased risk of prostate cancer genetically. They told us that after an initial test, which was normal, there was a delay of around four years in carrying out a further test, at which time the test showed elevated results and they were subsequently diagnosed with cancer. C considered that this delay had a considerable impact on their prognosis, as their cancer had by that time spread, which they had been told was unlikely to have been the case had they been diagnosed earlier.

C also complained that the practice had failed to appropriately respond to their concerns about this, both in the way that they had investigated the concerns, and the manner in which they had responded, which C had found to be uncaring.

We took independent advice from a GP adviser. We found that the practice had failed to handle C's testing appropriately. In particular, that they unreasonably assessed that regular testing was not required based on guidance intended for those not at increased genetic risk and that they unreasonably failed to seek further advice and clarity from specialist services on the request to consider regular testing. We also noted that when the test was subsequently agreed as part of other blood tests, this was missed in error, and they then failed to identify this had been missed or notify C, leaving them with the impression that this had provided normal results.

Therefore, we upheld C's complaint that their testing had been mishandled.

Our investigation also found that the practice had not responded reasonably to C's concerns, as the Significant Event Analysis (SEA) they carried out was not of a reasonable standard, and they had failed to provide appropriate apologies for the failures that were identified by their own investigations.

On this basis, we also upheld C's complaint that the practice had not responded reasonably to their concerns.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for failing to provide appropriate PSA testing. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.
  • Apologise to C for failing to respond reasonably to their concerns. 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 practice should appropriately consider the results of any tests requested to ensure that they are fit for the purpose they were requested for.
  • The practice should ensure that there is clarity around any request received from secondary care services that they choose to accept.
  • The practice should provide appropriate screening for any patient at increased risk of developing cancer.

In relation to complaints handling, we recommended:

  • All complaints should be processed in line with the Model Complaints Handling Procedure and any apologies offered in complaint responses should meet the terms of the guidance on apology.
  • All SEA (Significant Event Analysis) investigations should include an assessment of whether the treatment provided was of a reasonable standard, and a consideration of the root causes of any failings identified.

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:
    202008128
  • Date:
    May 2022
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health
  • Outcome:
    Some upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about the care and treatment provided to their late parent (A) when they were admitted to hospital for investigations of lung cancer. A had an out-patient appointment for a CT scan, however, the day before this appointment, A was admitted to hospital due to increased haemoptysis (coughing up of blood). There was a delay in performing the CT scan due to miscommunication between the clinical team and radiology, which the board have acknowledged. When A was taken for the scan, they suffered a massive haemoptysis and a subsequent cardiac arrest and died.

C complained about the communication failures which led to a delay in arranging the CT scan and that insufficient efforts were made to resuscitate A. To investigate C's complaint, we reviewed the clinical records and sought independent advice from a consultant radiologist (a specialist in the analysis of images of the body).

Our investigation found that while there were communication failures in arranging A's CT scan on an in-patient basis, we did not consider the delay caused to be unreasonable as A's condition was stable and there were no further episodes of haemoptysis. We did however, uphold the complaint on the basis that there were communication failings. We made no recommendations due to action already taken by the board.

Our investigation also found that reasonable attempts were made at resuscitation when A suffered the cardiac arrest. We did not uphold this aspect of the complaint.

  • Case ref:
    202005296
  • Date:
    May 2022
  • Body:
    Lothian NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained that there had been an unreasonable delay in their late parent (A) receiving a prescription of antibiotics following a consultation with an out-of-hours GP from the unscheduled care service, operated by the board. During the consultation, the GP considered that A had developed a lower respiratory tract infection (an infection of the lungs), which should be treated with Co-amoxiclav (a type of antibiotic). However, the GP had attended the consultation without a prescription pad and did not carry the medication in their vehicle. The GP subsequently arranged for A's prescription to be faxed to a pharmacy on their return to base to be provided to A the next day. However, the pharmacy to which the prescription had been faxed was closed the following day due to a public holiday, which resulted in a delay of 48 hours before the prescription could be provided to A.

In response, the board apologised that the GP had attended the consultation without a prescription pad and for the distress that this had caused A and their family. The board stated that it could not explain why the GP had attended without a prescription pad but had reminded staff in a monthly update to ensure that prescription pads were checked prior to carrying out home visits and that prescriptions were only faxed to pharmacies that could provide medication in a timely manner. The board also confirmed that it was in the process of developing a checklist system and a written policy and protocol specifying the checks that staff were required to complete at the start of each shift prior to commencing home visits.

We took independent advice from a GP. We found that it had been unreasonable for the GP to attend the consultation without a prescription pad and to fail to ensure that the antibiotics A required were available to them sooner based on A's presentation at consultation. We also considered that the reminder provided by the board to staff was insufficient to ensure that a similar occurrence did not happen again. However the checklist system and written policy and protocol the board had indicated it was developing was likely to be appropriate to address the issues arising in this case.

For these reasons, we upheld C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for failing to provide A with reasonable care and 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:

  • Out-of-hours GPs should be in possession of all required equipment prior to the commencement of each shift. In addition, where a patient's clinical presentation requires medication to be prescribed, out-of-hours GPs should take all reasonable steps to ensure that there is likely to be no undue delay in the prescription becoming available to the patient.

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:
    202001643
  • Date:
    May 2022
  • Body:
    A Medical Practice in the Lothian NHS Board area
  • Sector:
    Health
  • Outcome:
    Some upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C and B complained about the care and treatment that their adult child (A) received from the practice. A had sought advice and treatment for a lack of energy, loss of libido and difficulty gaining weight. They were referred to the metabolic unit in hospital and, subsequently, to an adult eating disorders service. A had been diagnosed with a hormonal deficiency and a number of potential causes for their symptoms were considered. However, A and their family were concerned about the practice's clinical management of A's condition and the lack of a clear diagnosis or effective treatment plan.

A subsequently completed suicide. Following a meeting and written correspondence with the practice, C and B remained dissatisfied with a number of aspects of the treatment A received.

We took independent advice from a GP. A's case was complex and whilst with hindsight it was clear that A had an underlying mental health condition, a physical cause for their symptoms could not be ruled out. We were satisfied that the practice arranged numerous tests and investigations to explore a physical cause of A's symptoms. Additional tests were carried out by third parties and we found that the practice appropriately reviewed these and communicated clearly with A as to the results, their significance and the next steps in terms of finding a clear diagnosis.

We found that the practice considered at an early stage that there may have been a mental health element to A's condition. However, A was not keen to pursue this. We were satisfied that it would have been inappropriate in the circumstances for the practice to push further investigations into A's mental health. We were also satisfied that the practice communicated well with secondary care specialists and managed A's overall diagnostic pathway reasonably. Therefore, we did not uphold these aspects of C and B's complaint.

However, we were critical of the practice's communication with C and B. It was A's clear intention that they be included in conversations regarding their health. Although the practice were not able to communicate via C and B's preferred medium, they did not take reasonable steps to ensure clear communication between all parties and the communication broke down as a result. We also found that the practice failed to instigate an internal review following A's death and, having completed a review following C and B's complaint, they failed to provide them with a copy of their findings. Therefore, we upheld these aspects of C and B's complaint. We did not make any recommendations due to the appropriate action already taken by the practice.

  • Case ref:
    201907379
  • Date:
    May 2022
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Appointments / Admissions (delay / cancellation / waiting lists)

Summary

C complained about delays in treatment that was meant to be provided to their late spouse (A). They told us that A had been referred to the board from another area for heart surgery, but that this took so long to arrange, A's condition deteriorated to a point that surgery was no longer viable and they subsequently died. C was also concerned about the board's handling of their complaints about the matter.

We took independent advice from a cardiology consultant (a specialist in diseases and abnormalities of the heart). We found that, while there were delays in arranging scans, these were the responsibility of the board in A's home area, so Lothian NHS Board could not be said to be responsible for this.

With regards to C's concerns about complaints handling, we found that the board's approach had been reasonable, with appropriately empathetic language used throughout and regular updates provided.

Given these points, we did not uphold C's complaints.