Health

  • Case ref:
    201910632
  • Date:
    September 2021
  • Body:
    Greater Glasgow and Clyde NHS Board - Acute Services Division
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C was referred urgently to the gynaecology department (medicine of the female genital tract and its disorders). During the vetting procedure the board requested the referral be downgraded to routine and the GP complied with this request. Following a consultation with the first consultant, C was scheduled for an operation. During the pre-operation examination by the second consultant, a cervical tumour was found and the operation cancelled. When informed of this, C made a verbal complaint about their treatment since being referred.

Biopsy results confirmed the tumour as malignant. C lost faith in the clinicians involved and requested a second opinion. A consultant oncologist (cancer specialist) met with C to discuss this and took steps to arrange a second opinion. C also took steps to obtain the second opinion using personal contacts. The second opinions provided concurred with that of the board. C complained to the board in writing regarding their experiences. A significant clinical incident (SCI) investigation was undertaken and following this, the board responded to C’s complaints. C was dissatisfied with the board’s responses and brought their complaint to this office.

We took independent advice from a consultant gynaecological oncologist. The SCI investigation had found that the board failed to give advice, contrary to relevant guidance, to C’s GP regarding the referral submitted as urgent. We upheld C’s complaint about this and accepted advice received that the board’s revised guidance had addressed the identified failings. However, the board had not apologised to C for these.

The board concluded the time taken between C’s referral by their GP and a correct diagnosis being reached was unreasonable and also accepted the time taken to respond to C’s complaint was unreasonable. We upheld C’s complaints about these and found that the board had not reasonably apologised to C for the delay in diagnosis.

We found that C’s verbal complaint had not resulted in reasonable action being taken as there was no evidence of any consideration regarding the complaint until C made a written complaint over two months later.

We accepted the advice we received that the board provided reasonable care and treatment to C following their diagnosis and that there were no concerns about how the SCI investigation had been carried out in relation to the board’s policy. We did not uphold these complaints.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the specific failings identified. The apology should make clear mention of each of the failings identified as well as include a clear stated apology for the delay in C’s diagnosis. 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 should take all reasonably practicable steps in the present circumstances to ensure that they comply with the Treatment Time Guarantee.

In relation to complaints handling, we recommended:

  • The second consultant should take action to ensure that all complaints are appropriately recognised, acknowledged and actioned, including verbal complaints.

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:
    202007689
  • Date:
    September 2021
  • Body:
    Grampian NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C, an advice worker, complained on behalf of their client (B) about the treatment which B’s late adult child (A) received from their GP practice. The practice is being managed by the board. A had contacted the practice on a number of occasions over a six-month period reporting problems with their mental health. A was a student studying away from home.

A subsequently completed suicide. B felt that the staff from the practice had failed to take fully into account A’s personal circumstances which all pointed to the fact that A was at increased risk of attempting suicide and that they failed to provide them with appropriate treatment.

We took independent clinical advice from a GP. We found that the GPs involved had formed a good relationship with A. They had recorded A’s mental health symptoms and provided a reasonable level of care and treatment by prescribing appropriate medication and monitoring A’s behaviour. There was also the involvement of a counsellor but there was nothing to indicate that A was going to take their own life. We did not uphold the complaint.

  • Case ref:
    201904735
  • Date:
    September 2021
  • Body:
    Grampian NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C attended the Grampian Medical Emergency Department (GMED) out-of-hours service with severe pain in their arms and shoulders. They were referred to the Acute Medical Initial Assessment Unit (AMIA) and then transferred to the Stroke Unit, a unit that has capacity to receive patients with non-stroke problems when the hospital is busy.

C received multiple tests, including multiple electrocardiograms (ECG, test to check a patient’s heart rhythm and electrical activity) in order to diagnose the cause of their symptoms. It was determined to be a trapped nerve in C’s neck and C was discharged from hospital with a prescription for medication for nerve pain and sensitivity.

C complained that there were failings in communication and record-keeping during their admission and that this lead to the unnecessary repetition of ECG tests and a delay in administering pain medication. They also raised concerns that they had been told they had a liver infection requiring antibiotics but this was not recorded, meaning that antibiotics were not prescribed.

We took independent advice from a consultant geriatrician (a doctor who specialises in medicine of the elderly). We found that the treatment C received during their stay in hospital was reasonable and consistent with the symptoms they experienced and that the communications recorded were reasonable. Therefore, we did not uphold these complaints.

  • Case ref:
    202003058
  • Date:
    September 2021
  • Body:
    Forth Valley NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained about an admission to Forth Valley Royal Hospital two weeks after undergoing emergency bowel surgery there. C was admitted with a fever and vomiting and spent many hours on a trolley in A&E in severe pain. They were diagnosed with an abdominal abscess (a painful swelling caused by a build-up of pus). C complained that the abscess was drained by a surgeon while they were still on the trolley in unsterile conditions and with no anaesthetic. C complained that they were left with the wound open and that they did not receive antibiotics until later that evening, after they were transferred to the Surgical Assessment Unit. C complained that they were left with a soaked dressing and a foul-smelling wound until the following morning. They complained that failings in their care and treatment led to development of an MRSA infection (a bacterial infection that is resistant to a number of widely used antibiotics) and a hernia at the wound site.

We took independent advice from a consultant in emergency medicine. While acknowledging the length of time C had to wait for a bed, we found that generally C’s care and treatment were reasonable. We found that C was assessed appropriately and received reasonable treatment for their condition within an acceptable timescale. However, we noted that there had been a delay in C receiving antibiotics which was unreasonable. Whilst recognising how difficult C’s experience had been, on balance, we did not uphold the complaint about the standard of care and treatment in A&E.

We also took independent advice from a general surgeon. We found that C had generally been treated appropriately and that the development of MRSA and a hernia had not occurred as a result of any failings in care and treatment. Despite there being no significant clinical failings, we acknowledged C’s extremely poor patient experience including the board’s apparent failure to ensure that C was kept clean with their wound dressing changed in a timely manner. On balance, we upheld the complaint about the standard of care and treatment in the Surgical Assessment Unit.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the delay in providing an adequate wash and changing of their dressing, with recognition of the impact these matters have had on them. 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:

  • Staff ensure that patients are kept adequately clean and dressings changed when needed.

In relation to complaints handling, we recommended:

  • Complaints are responded to as comprehensively as possible, particularly in situations in which complainants have requested that specific matters are investigated.

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:
    202003940
  • Date:
    September 2021
  • Body:
    Borders NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C underwent shoulder surgery at Borders General Hospital. Following the surgery, C’s shoulder dislocated on a number of occasions and they were referred to another hospital outwith the board area for consideration of further treatment. C was advised that the cause of the problems was that the glenoid socket (socket part of the ball-and-socket shoulder joint) had been placed at an incorrect angle during the original surgery and that it was the cause of their continuing symptoms. C believed that there had been a failure in treatment. We sought independent clinical advice from an orthopaedic (conditions involving the musculoskeletal system) consultant. We found that from a clinical perspective, there were no indication that problems had been encountered during the original surgery or that the glenoid socket had been mispositioned. We did not uphold the complaint.

  • Report no:
    201911632
  • Date:
    September 2021
  • Body:
    Grampian NHS Board
  • Sector:
    Health

Summary

C complained about the care and treatment their spouse (A) received while undergoing kidney dialysis in Aberdeen Royal Infirmary (the Hospital). A had progressive kidney failure, and had an arteriovenous fistula formed in anticipation of complete kidney failure. A fistula requires surgery to join an artery to a vein so that blood goes directly into the vein rather than going down to the small blood vessels of the hand before returning. If successful, the vein becomes larger and “tougher” which allows needles to be inserted three times a week to circulate blood out of the body to a dialysis machine.

A was admitted to Aberdeen Royal Infirmary with worsening symptoms attributed to severe kidney failure, with the intention of starting dialysis using the fistula. During dialysis treatment three days later, A started to lose blood from the needle insertion site. Staff attempted to control the bleeding but were unable to and sought assistance from medical staff. The vascular surgery team attended and were able to stitch the bleeding vessel, which stopped further blood loss, but A’s condition deteriorated and clinical staff were unable to stabilise them. A died of a myocardial infarction (heart attack) at 20:00 that evening. C complained that assistance was not sought quickly enough by staff working in the dialysis room. They complained that there was a delay in stitching A’s arm.

We took independent advice from a consultant nephrologist (the Adviser). The Adviser noted A’s complex medical history. They had advanced chronic kidney disease and focal segmental glomerular sclerosis (FSGS, a disease of the kidneys usually diagnosed by kidney biopsy), among other medical conditions, and were prescribed a range of medication including warfarin (an anti-coagulant, or blood thinner, used to treat or prevent blood clots) for atrial fibrillation (an abnormal or rapid heart rate, occurring when the heart’s upper and lower chambers beat out of coordination). A was also on aspirin which may increase bleeding risk by its effect on platelets, key to blood clotting.

We found a number of failings in A’s care and treatment. Medicines reconciliation on A’s admission failed to pick up a recent dose change in warfarin, resulting in A being given a higher dose than they had been prescribed by their GP. There was insufficient monitoring of International Normalised Ratio (INR, a measure of how long it takes the blood to clot used to determine the effects of anticoagulants on the clotting system). The Adviser told us that A’s admission to hospital, recent decline in functional status, elevated C-reactive protein (CRP, inflammation marker), low albumin (a protein produced by the liver that circulates in blood plasma and temperature) were all triggers for more frequent monitoring. Additionally, A was on aspirin, which in combination increases the bleeding risk.

We found that a number of individual risk factors and errors combined to cause profound bleeding and death. The confusion surrounding warfarin dosing and insufficient INR monitoring were significant in causing such extensive bleeding. Other warning signs, which may or may not have contributed to A’s death, were not noticed and considered by the medical team. The lack of escalation of A’s blood loss meant that time was lost before clinical staff attended.

Grampian NHS Board (the Board)’s response and learning focused on warfarin prescription and monitoring. We saw no evidence of changes of practice or policy regarding fistula bleeds. We found that staff did not have a clear escalation policy of when and whom to call when they were unable to control the bleeding.

These deficiencies in care contributed to A’s death, which we found was entirely preventable.

In conclusion, we found that the Board’s care and treatment fell below a reasonable standard, and we upheld C’s complaint.

We also found that the Board failed to investigate C’s complaint appropriately or adequately. It took several enquiries before the Board provided all the information we were asking for. We noted that statements of certain members of staff were obtained by the Board in response to our enquiry, rather than during the Board’s own investigation which was when we would have expected them to be taken. There were also some records which were only provided to us after the Board had received our draft report, which impeded our investigation process. All the relevant information should have been reviewed in the course of the Board’s original investigation, then provided to this office in response to our initial enquiry.

 

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 Board failed to adequately monitor A’s INR levels.
  • Staff did not communicate with each other the risks associated with A’s warfarin and aspirin medication.
  • There were documentation failings in respect of the dialysis.
  • Clinical staff failed to note and act upon other risk factors at the time of dialysis, including raised CRP, low albumin levels and raised temperature.
  • When A’s fistula started bleeding, staff failed to escalate this promptly

Apologise to C for the failings in A’s care and treatment.

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

 

A copy or record of the apology.

By: One month of final decision

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

What we found

Outcome needed

What we need to see

  • The Board failed to adequately monitor A’s INR levels.
  • Staff did not communicate with each other the risks associated with A’s warfarin and aspirin medication.
  • There were documentation failings in respect of the dialysis.
  • Clinical staff failed to note and act upon other risk factors at the time of dialysis, including raised CRP, low albumin levels and raised temperature.
  • When A’s fistula started bleeding, staff failed to escalate this promptly

Staff are aware of the importance of monitoring INR levels. There is a policy in place in respect of frequency of monitoring and staff should be appropriately trained and supported to apply it.

Staff are appropriately trained and so aware of the risks associated with warfarin and other medications including aspirin, in the context of blood clotting.

Dialysis documentation is thorough and includes details of all pertinent information, in particular needle size used and staff are appropriately informed of this.

Staff ensure blood test results are considered and acted upon, and are appropriately trained and supported to do this.

Staff are trained and aware of what to do in the event of a fistula bleed

Evidence that our findings have been fed back to relevant staff in a supportive manner that encourages learning.

Evidence that the Board has taken measures to improve the clinical knowledge of the staff concerned in relation to warfarin (and other) monitoring, fistula bleeding and dialysis documentation.

By: Three months of final decision

 

A’s death was a serious adverse event that was preventable

The Board shares learning with the wider kidney community (Scottish Renal Association, Renal Association, British Renal Society)

Evidence of the learning having been shared.

By: Three months of final decision

We are asking the Board to improve their complaints handling:

What we found

Outcome needed

What we need to see

The Board’s complaint investigation failed to identify the significant failures in A’s care and treatment, and failed to identify adequate learning

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

Evidence that the findings on this complaint have been fed back in a supportive manner to the staff involved in investigating C’s complaints and that they have reflected on the findings of this investigation. (For instance, a copy of a meeting note or summary of a discussion.)

By: One month of final decision

The Board failed to provide all relevant information during our investigation All information relevant to a complaint under investigation is provided at the appropriate time

Evidence that the Board has reflected on its responses to this office and made any necessary changes to its approach to ensure that relevant information is identified and shared timeously.

By: Three months of final decision

 

  • Case ref:
    202005915
  • Date:
    August 2021
  • Body:
    Golden Jubilee National Hospital
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained on behalf of their sibling (A) about the treatment A had received from the Golden Jubilee National Hospital. A had emergency surgery to repair a dissected aorta (a tear in the heart) and a pacemaker fitted. Following A's surgery, they suffered a ventricular fibrillation (abnormal heart rhythm) resulting in cardiac arrest. It was later established that A's ventricular fibrillation had been caused by an incorrectly programmed pacemaker. C complained to the hospital about how this could have occurred.

We took independent advice from a cardiologist (a doctor who can diagnose, assess and treat patients with diseases and defects of the heart and blood vessels). We found that A's external pacemaker had been incorrectly programmed and there was a failure to manage the resulting R on T event (when the temporary pacemaker delivers an electrical impulse to the heart at an inappropriate time causing an abnormal rhythm) leading to A's cardiac collapse. We found that the hospital had failed to provide A with a reasonable standard of treatment and upheld this aspect of C's complaint.

C also complained that following A's cardiac arrest, A was discharged too early from hospital and had not been provided with clear information regarding their cardiology rehabilitation and aftercare, resulting in a delay in A receiving appropriate follow-up appointments.

We found that A's post-surgical out-patient review had been delayed by seven weeks without explanation. We also found that the hospital's post discharge communication practice had contributed to the delay in A receiving appropriate cardiology follow-up and cardiac rehabilitation from their local health board. While we found that A's discharge was reasonable, the hospital had failed to provide A with appropriate cardiology aftercare. On balance, we upheld this aspect of C's complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to A and A's family for contributing to the delay in A receiving appropriate cardiology follow-up and cardiac rehabilitation. The apology should meet the standards setout in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.
  • Apologise to A and A's family for incorrectly programming A's external pacemaker and for failing to manage the resulting R on T event leading to A's cardiac collapse. The apology should meet the standards setout 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:

  • Ensure all junior medical staff rotating through ITU/HDU are trained in temporary pacemaker programming and troubleshooting.
  • Ensure appropriate post discharge communication pathways are in place to ensure patients receive timely follow-up from their local health board.
  • Ensure post-surgical follow-ups are timely and in line with discharge summary.

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:
    201905360
  • Date:
    August 2021
  • Body:
    Tayside NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C attended at Perth Royal Infirmary after falling and injuring their wrist. C complained that the care and treatment they received was unreasonable and as a result, they had been left with continuing pain and loss of function in their wrist for which they are awaiting surgery.

We took independent advice from a senior nurse practitioner, a consultant radiologist (a doctor who specialises in diagnosing and treating disease and injury through the use of medical imaging techniques such as x-rays and other scans) and a consultant orthopaedic surgeon (a specialist in the treatment of diseases and injuries of the musculoskeletal system).

In relation to C's initial attendance at A&E where they were seen by a nurse practitioner (NP), we found that the NP recognised from their clinical assessment that C may have sustained a fracture to their wrist and appropriately had the wrist x-rayed. However, it was recorded in C's clinical notes that the x-ray showed no bony injury, which indicated the NP had wrongly interpreted the x-ray as being normal. However, the discharge letter from A&E to C's GP stated a different diagnosis suggesting that the fracture was identified. We only received an explanation from the board for the conflicting diagnoses, which was that the NP had made a mistake in recording there was no bony injury, at a late stage in our investigation. We noted that the treatment the NP provided to C in referring them for an x-ray and making a referral to the virtual fracture clinic was appropriate.

We found that the doctor who later reviewed C's case at a fracture clinic correctly identified that C had sustained a fractured wrist. However, the board accepted that C should have been referred to see an orthopaedic consultant at an earlier stage. We noted that the board had apologised to C for this and taken action to address what occurred.

Finally, we found that given C's medical history and their significant medical co-morbidity, it was reasonable to take a conservative approach and to not perform surgery at the time.

Taking into account all of the evidence and the advice we received, on balance, we upheld C's complaint.

It was clear from our investigation of C's complaint that the board's own complaint investigation did not address the issue of the interpretation of the x-ray in relation to C's attendance at A&E. This was despite C raising this specifically in their complaint to the board. We also considered that it was a failure in complaint handling that A&E only learned about C's complaint after this office issued the draft decision on the complaint, and we were only provided with an explanation for the conflicting diagnoses recorded in C's clinical records at a late stage in our investigation. We made a complaint handling recommendation to address this.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the conflicting diagnoses recorded and the failure by the board in their complaint handling in relation to C's attendance for a wrist fracture. 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:

  • Information regarding a patient's diagnosis should be accurately recorded in their clinical records.

In relation to complaints handling, we recommended:

  • 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.

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:
    202002290
  • Date:
    August 2021
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Admission / discharge / transfer procedures

Summary

C complained about the treatment provided at the Royal Infirmary of Edinburgh to their late parent (A) after they were admitted having suffered a stroke. C complained that the board failed to discharge A in a reasonable timescale.

We took independent advice from a consultant geriatrician (a specialist in medicine of the elderly). We considered that, while medically well, A was not fit for discharge, requiring a further period of in-patient care to recover prior to being ready to return home. As such, we did not uphold this aspect of C's complaint.

C complained that the board failed to provide reasonable care to allow A to maintain function in their legs. We found that board staff were trying to maximise what A could do, however due to their stroke, pre-existing conditions and subsequent infection, their attempts were unsuccessful. Physiotherapy input started two days after A's admission, which we considered to be prompt. We also found evidence that A attended sixteen physiotherapy sessions, with more offered but A was not well enough to accept them. This indicated that there was regular input by physiotherapists. As such, we did not uphold this aspect of C's complaint.

During A's admission, they contracted influenza (flu). C complained that the board failed to provide reasonable treatment after they contracted influenza. We found that antibiotics were administered reasonably and A's condition was appropriately monitored. We noted the challenges in determining if a worsening of someone's condition was related solely to the initial influenza infection, or if an additional (secondary) infection with another organism was involved. Therefore, we did not uphold this aspect of C's complaint. However, we noted that consideration should have been given to anti-viral treatment for A, as indicated by the guidance available at the time and we fed this back to the board.

  • Case ref:
    202001107
  • Date:
    August 2021
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained that the board failed to provide their child (A) with reasonable care and treatment. C understood that A had a condition known as paediatric acute-onset neuropsychiatric syndrome (PANS) or paediatric autoimmune neuropsychiatric disorder associated with streptococcus (PANDAS, infection-induced autoimmune conditions that disrupt children's normal neurologic functioning). A had been given intravenous immunoglobulin (IVIG, the use of a mixture of antibodies to treat a number of health conditions) treatment but this had been discontinued and stopped suddenly. C stated that the treatment should not have been stopped and wanted this treatment to be available to A in the future if A needed it.

We took independent advice from a consultant neurologist (a specialist in the diagnosis and treatment of disorders of the nervous system). We found that the treatment was not suitable for A and the possible diagnoses for A's condition. We considered that it was appropriate the treatment stopped. However, we noted that it should never have been given as a treatment at any stage. We also found that the board sent spinal fluid for testing to a laboratory in England that did not arrive there. While this was not the outcome C was seeking, we upheld the complaint on the basis that IVIG should not have not have been given to A at all.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to A for putting in place a treatment plan for intravenous immunoglobulin (IVIG) when this was not an appropriate 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:

  • Ensure clinical staff are aware of the circumstances in which IVIG is an appropriate treatment.
  • Ensure insofar as possible, that a similar situation with fluid sent for testing does not arise in future.

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.