Health

  • Case ref:
    201902863
  • Date:
    November 2020
  • Body:
    Fife NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

C complained to us about the board regarding treatment of their child (A). A became unwell and was referred to Victoria Hospital, where they were diagnosed as having gastroenteritis (inflammation of the stomach and intestines) by a paediatric nurse practitioner and discharged home. Three days later, A suffered a seizure and was readmitted to the hospital. They were transferred to a hospital in another health board area and diagnosed as having pneumococcal meningitis (a life-threatening infectious disease that causes inflammation of the layers that surround the brain and spinal cord). They remained in hospital where they later died.

C complained to the board about their initial assessment and treatment of A. They complained that A was misdiagnosed and that staff did not follow the correct procedures when reviewing their condition. C also felt that A should have been seen by a doctor before the decision was made to discharge them.

The board arranged for a Significant Adverse Event Review (SAER) to be carried out by doctors not involved in A’s care. The SAER identified a number of areas where the board could have acted differently in A’s case. However, C still had a number of concerns and asked that we conduct a further review of the case.

We took independent advice from a consultant paediatrician. We found that, overall, the SAER had appropriately identified the key failings in the board’s care, including that the original diagnosis of gastroenteritis was unreasonable based on A’s symptoms. However, we found some additional failings in record-keeping, and highlighted that we would have expected the misdiagnosis to have been identified when the nurse practitioner discussed A’s case with a doctor before discharge. We also considered there had been failings in the handling of C’s subsequent complaints.

For these reasons, we upheld all of C’s complaints.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for failing to provide A with reasonable treatment, failing to reasonably diagnose A, failing to keep reasonable records about A's treatment, and failing to reasonably communicate with 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:

  • When being consulted by nurse practitioners, doctors should be able to identify potential misdiagnosis.
  • When the content of a telephone call is relevant to the care record of a patient, the clinical record should be updated with details of this.

In relation to complaints handling, we recommended:

  • When comments or input is required from multiple clinicians, this should be clearly coordinated and organised to avoid unnecessary delay.
  • Where complaints investigations are delayed, complainants should be kept up to date on progress and given detailed reasons for the delays when requested, particularly in sensitive cases involving a death.

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:
    201905575
  • Date:
    November 2020
  • Body:
    Borders NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

C, a support and advocacy worker, complained on behalf of their client (A) about a failure to provide them with reasonable care and treatment for a rectal prolapse (a condition where the rectum protrudes through the anus).

We took independent advice from a consultant colorectal consultant (a surgeon who specialises in conditions in the colon, rectum or anus). We found that A’s initial symptoms were indicative of haemorrhoidal disease (swollen veins in the lower part of rectum and anus). We noted that A was appropriately treated with banding (a procedure whereby the base of the haemorrhoid is tied with a small rubber band to stop the blood flow to the haemorrhoid as first line treatment). A later developed a full thickness prolapse and treatment for this changed accordingly at that time. We did not consider A had been misdiagnosed as their condition deteriorated over time.

However, prior to the full thickness prolapse developing, we noted that the team continued to give A painful banding treatment for two and a half years when there was little prospect of improving A’s symptoms. Whilst A’s consent was given for this, we could not see any notes to indicate that there was a discussion with A about possible surgical removal of haemorrhoids which would have been reasonable to expect. We therefore upheld the complaint on the basis that it would have been reasonable to expect alternative treatment was discussed.

C also complained about the board’s failure to provide a clear response to the complaint. We found that, whilst in the complaint response there was reasonable general information about prolapses, there was no reference to A’s specific case. A thought that they had been misdiagnosed. The board did not explain the decisions made by the clinical team and how they were informed by A’s symptoms at each appointment. This would have provided A with the information they were looking for and it was reasonable for A to expect this would be provided. We upheld this complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to A for failing to keep contemporaneous records of discussions and decisions in the clinical records, failing to consider surgical treatment for a third degree prolapse (where the patient has to push the piles back in) when banding failed to improve symptoms of haemorrhoids and failing to provide a clear response to the complaint which referred to A’s particular experience. The apology should meet the standards set out inthe SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.

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

  • To ensure clinical staff discuss, assess and document alternative treatments.
  • To ensure clinical staff keep accurate records of appointments, examinations and discussions.

In relation to complaints handling, we recommended:

  • Responses to complaints should be specific to the patient in question and address all points raised.

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:
    201801303
  • Date:
    November 2020
  • Body:
    Borders NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Ms C complained about the care and treatment provided to her by the board in relation to rheumatology (the branch of medicine that deals with rheumatism, arthritis, and other disorders of the joints, muscles, and ligaments), radiology (medical discipline that uses medical imaging to diagnose and treat diseases), and respiratory (the branch of medicine that deals with conditions affecting the lungs) care and treatment.

We took independent advice from a rheumatologist, a radiologist, and a respiratory physician. We found generally that the care and treatment provided to Ms C was reasonable. However, we identified that there was a scan which had been reported inaccurately, and this was unreasonable in that it missed acute inflammation. Therefore, we upheld Ms C's complaint about radiology but did not uphold her complaints in relation to her rheumatology and respiratory care and treatment.

Ms C also complained about the board's handling of her complaint. We found that there was an inaccuracy in the complaint response and upheld her complaint on this basis.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to Ms C for her scan being reported inaccurately and the response to her complaint being inaccurate. 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:

  • Scans should be reported to a reasonable standard.

In relation to complaints handling, we recommended:

  • Complaint responses should be accurate.

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:
    201807854
  • Date:
    November 2020
  • Body:
    Greater Glasgow and Clyde NHS Board - Acute Services Division
  • Sector:
    Health

Mr C complained about the follow-up care and treatment Greater Glasgow and Clyde NHS Board (the Board) provided to Mr A after he suffered a subarachnoid haemorrhage (a type of stroke caused by bleeding on the surface of the brain) which occurred when an aneurysm (a bulge in a blood vessel in the brain) ruptured.

Mr A underwent an endovascular coiling procedure (a procedure to block blood flow into an aneurysm) at Queen Elizabeth University Hospital (the Hospital) in August 2016. During his admission, he developed a perforated bowel and had colostomy surgery (a surgical procedure to divert one end of the colon (part of the bowel) through an opening in the tummy. The opening is called a stoma). He was discharged the following month.

In February 2017, Mr A attended the Hospital for a follow-up Magnetic Resonance (MR) angiogram scan (a test that provides images of the blood vessels). This showed a recurrence of the aneurysm. A further examination in the form of a Digital Subtraction Angiogram (a procedure which provides an image of blood vessels) was recommended, which was requested in July 2017.

In September 2017, the Digital Subtraction Angiogram was carried out and Mr A’s case was discussed at the neurovascular Multi-Disciplinary Team (MDT) meeting. The meeting proposed that Mr A have further endovascular treatment.

In November 2017, Mr A attended an out-patient appointment with a consultant neuroradiologist (a radiologist who specializes in the use of radioactive substances, x-rays and scanning devices for the diagnosis and treatment of diseases of the nervous system) where it was recommended that the reversal of the colostomy be undertaken prior to the endovascular treatment. The colostomy reversal was to be carried out at Mr A’s local hospital, which is the responsibility of a different health board.

The Board wrote to the consultant general surgeon at Mr A's local hospital in December 2017 advising that it was considered it would be better to perform the colostomy reversal before the endovascular treatment. However, Mr A died the same month having suffered a further brain aneurysm.

Mr C complained that there were unreasonable delays, poor decision-making and poor communication by the Board, which he considered resulted in Mr A’s death. In making the complaint, Mr C was representing his family (including Mrs B, Mr A’s sister).

We took independent advice from a consultant neurosurgeon (a surgeon who specialised in surgery on the nervous system, especially the brain and spinal cord).

We found that when Mr A suffered a subarachnoid haemorrhage in August 2016, the care and treatment he received during his admission to the Hospital was timely and expedient and his overall management was reasonable.

A significant recurrence of the aneurysm was identified following the MR angiogram scan in February 2017 and a follow-up Digital Subtraction Angiogram was recommended. Despite this, no action appeared to have been taken for five months, until requested in July 2017. There was then a further two month delay until the Digital Subtraction Angiogram was carried out in September 2017. By this time the aneurysm had grown in size. We found that these delays were significant and unreasonable.

We also found that there was a lack of communication with Mr A subsequent to the identification of the presence of the recurrence of the aneurysm and the need for prompt further management to make him aware of this. However, communication subsequent to the Digital Subtraction Angiogram in September 2017 appeared overall to have been reasonable although the Board acknowledged that communication in relation to a letter which Mr A received about the colostomy reversal could have been better.

Mr A did not have a consultant review for a further two months until November 2017. We found that there were then further unreasonable and significant delays and poor communication in following up the need for the colostomy reversal prior to treating the aneurysm. This was further exacerbated by the fact that the general surgical team were in a different hospital. Relying solely on written communication between clinicians about this was inappropriate and insufficient in this case, which was urgent.

Whilst it is not possible to say whether earlier treatment would have led to a different outcome for Mr A and there was risks attached to surgery, we found that treating Mr A at the earliest opportunity would have minimised this possibility.

Mr C also complained about the Board’s handling of their complaint, which was made to the Board by Mrs B.

We noted that the Board held a Morbidity and Mortality meeting in February 2018 to review Mr A’s case which was attended by a number of consultants including Mr A’s doctors. This outlined a number of contributory factors leading to Mr A’s poor outcome, the reasons why, and the action to be initiated to help mitigate future occurrence and as future learning points.

However, despite this, at no point during the Board’s correspondence with Mrs B or our office was any reference made to the Morbidity and Mortality meeting and its findings. While the Board acknowledged that there had been process failures in their second response to Mrs B, more could have and should have been done to identify and act transparently on the failings the Morbidity and Mortality meeting identified. It was not clear from the Board’s responses to Mrs B and to our office whether all of the actions identified had been completed.

Our investigation identified significant failings and, accordingly, we upheld both of Mr C’s complaints. 

 

Redress and Recommendations

The Ombudsman's recommendations are set out below:

What we are asking the Board to do for Mr C and his family:

Complaint number

What we found

What the organisation should do

What we need to see

(a) and (b)

The Board failed to provide Mr A with a reasonable standard of care and treatment

There was failings in communication with Mr A after he suffered a recurrence of a brain aneurysm

There was failings in communication between staff involved in Mr A’s care and treatment

There were failings in the Board’s handling of the complaint

 

Apologise to Mr C, Mrs B and Mr A’s
family for:

  • the failings in care and treatment and communication identified in the report; and
  • the failings in complaint handling.

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

 

 

 

A copy or record of the apology

By: 18 December 2020

 

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)

There were unreasonable delays in Mr A’s care and treatment after he suffered a recurrence of a brain aneurysm

There was unreasonable failings in communication with Mr A after he suffered a recurrence of a brain aneurysm

There was unreasonable failings in communication between staff involved in Mr A’s care and treatment

 

 

There should be in place a streamlined and efficient system for highlighting reports of an aneurysm and acting upon its findings

Communication with patients and/or their families should be proactive and timely, especially in relation to a serious diagnosis

Communication between staff should be appropriate and timely especially where a patient has had a serious diagnosis and requires treatment
 

 

 

 

 

Evidence that the Board have reflected on the failings identified in Mr A’s case and reviewed their processes and guidance for highlighting reports of an aneurysm

Details of the review and any changes, including how any changes will be shared with relevant staff, to be provided to this office

Evidence that these findings have been fed back to the relevant staff and managers 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: 18 February 2020

 

 

 

Evidence of action already taken

The Board told us they had already taken action to fix the problem. We will ask them for evidence that this has happened:

Complaint number

What we found

Outcome needed

What we need to see

(a)

There were unreasonable delays in Mr A’s care and treatment after he suffered a recurrence of a brain aneurysm

There was unreasonable failings in communication with Mr A after he suffered a recurrence of a brain aneurysm

There was unreasonable failings in communication between staff involved in Mr A’s care and treatment

The Board convened a Morbidity and Mortality Meeting in February 2018 in which they recommended action points

Action included:

  • a more robust system for MDT referral;
  • improved team working and communication between the neurosurgery and neuroradiology departments;
  • better safety netting to ensure that a patient diagnosed with a recurrent aneurysm is tracked for urgent review;
  • at least one vascular neurosurgeon is present at a Morbidity and Mortality meeting; and
  • standard operating procedure for Digital Subtraction Angiogram views for coil embolisation

Confirmation of the action the Board say they have taken (evidence of guidelines circulated and training sessions attended, such as emails; memos minutes)

By: 18 February 2020

  • Case ref:
    201904552
  • Date:
    October 2020
  • Body:
    Tayside NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

C complained about the care and treatment provided to their child (A) by the board when A had various ear, nose and throat symptoms. A was admitted to Ninewells Hospital following a number of visits to their GP, and received treatment with steroids, antibiotics and oxygen. A was discharged after two nights with a plan for a follow-up sleep study. C complained that the board had not provided A with appropriate oxygen treatment, and that it was unreasonable for them to be discharged.

We took independent advice from a consultant paediatrician (a medical practitioner specialising in children and their diseases). We found that, overall, the care and treatment provided to A was reasonable, and that there was appropriate monitoring, documentation, and escalation of care. We considered the oxygen treatment and discharging A to be reasonable. We, therefore, did not uphold C's complaint.

  • Case ref:
    201810045
  • Date:
    October 2020
  • Body:
    Tayside NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

C brought a complaint to us about the care and treatment given to their late spouse (A) who had a diagnoses of myeloma (a type of cancer arising from plasma cells found in the bone marrow). C told us the reasons they considered the board had provided A with unreasonable clinical care and treatment were that there had been a delay in the diagnosis and treatment of endocarditis (an infection of the endocardium, which is the inner lining of the heart chambers and heart valves); there had been a lack of communication about A's state of health, and their prognosis was not communicated until three days before they died. Finally, A had been discharged home although they were very ill.

C also raised a number of concerns about the nursing care and treatment given to A, in particular that there had been a lack of communication and that the level of general nursing care and treatment was unreasonable.

We took independent advice from a consultant in cardiology, a consultant in acute medicine, a haematology consultant and from a nurse. We found that overall the cardiology care and treatment was reasonable, also that the care and treatment from an acute medicine perspective was appropriate. We also found that the haematology care given to A was reasonable and in line with the British Society of Haematology and UK Myeloma forum 'Guidelines for screening and management of late and long-term consequences of myeloma and its treatment'. However, we considered that there had been poor communication with A's family, in particular around the significant risk associated with their illness and the risk that their condition would ultimately prove to be untreatable. The board had accepted there were gaps in communication and detailed the action taken to improve communication with the patient and their family. As such we upheld the complaint.

In relation to the nursing care and treatment given to A, we found that there was clear documentation of care needs, ongoing evaluation and assessment, with escalation to medical staff when required. The nursing care in relation to the administration of medication overall was also reasonable. However, we found that communication was unreasonable in relation to care. The board accepted failings in relation to communication and detailed the action to be taken.

Given the failings in relation to communication which forms part of ensuring patient centred care, on balance, we upheld the complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C and the family for the failings identified in this case. 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:
    201804064
  • Date:
    October 2020
  • Body:
    A Medical Practice in the Tayside NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    record keeping

Summary

Mrs C complained that the practice had failed to properly investigate a series of complaints she had made about entries in her and her children's medical records. Mrs C believed the practice's conclusions were unreasonable given the available evidence. Mrs C also complained that the practice failed to communicate appropriately with her.

We took independent advice from an adviser on general practice medicine. We found that the practice had reasonably and appropriately investigated the complaints brought to it by Mrs C and had communicated reasonably with her. Some of the medical record entries that Mrs C objected to were the opinions of the GP following their encounter with her. We considered that it was reasonable for medical records to contain subjective opinion and it was not possible to amend or delete the entries Mrs C was concerned about. In addition, the practice had offered Mrs C the opportunity to place notes in her medical records, indicating that she disagreed with the content or tone of the entries. Mrs C had not responded to these offers. We did not uphold any of Mrs C's complaints.

  • Case ref:
    202000080
  • Date:
    October 2020
  • Body:
    Scottish Ambulance Service
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

C complained about the care and treatment provided to them by Scottish Ambulance Service (SAS) when they called for an ambulance after they had bleeding following the removal of a lesion earlier that day.

We took independent advice from an appropriately qualified adviser. We found that the care and treatment provided to C by SAS was of a reasonable standard. C was given appropriate advice from the call handler, the ambulance was dispatched and arrived with C in a timely manner. We also found that the ambulance crew's assessment of C's wound was reasonable. Therefore, we did not uphold C's complaint.

  • Case ref:
    201808182
  • Date:
    October 2020
  • Body:
    A Medical Practice in the Orkney NHS Board area
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

C complained about the care and treatment their late relative (A) received at the practice. A sought advice from the practice after returning home from a holiday abroad where they had become unwell. C's complaint related to a number of issues; including communication, medication, and scans.

We took independent advice from a GP. We found that there were no failings by the medical practice in terms of communication with the family or the time taken to perform scans. In relation to the management of A's medication, we found that the responsibility of stopping and restarting medication lay with the hospital clinicians. We also found that there were many reasons for A's balance and mobility issues, thus, a head scan was not indicated. We concluded that the care and treatment provided by the medical practice was of a reasonable standard. Therefore, we did not uphold this complaint.

C also complained about the practice's handling of their complaint. We found that the medical practice had provided their response to C's complaint to the health board within three weeks of them receiving the complaint and in line with the agreement to issue a coordinated response. However, there was a delay in the health board issuing the response to C for which they apologised for. We concluded that there was no fault by the medical practice and, therefore, we did not uphold the complaint.

  • Case ref:
    201808030
  • Date:
    October 2020
  • Body:
    Orkney NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

C complained about the care and treatment their late relative (A) received. A became unwell whilst abroad and was treated in hospital, at which time their blood thinning medication was stopped. Upon A's return home, they sought advice from their medical practice and arrangements were subsequently made for A to be admitted to hospital. After a period of six days, A was discharged from hospital. Their blood thinning medication was not restarted pending investigations. A then suffered two strokes and later died.

C complained about a number of issues related to: communication; failure to manage blood thinning medication; no head scan being performed prior to A's first stroke; the time taken to perform scans; matters related to an echocardiogram (a scan used to look at the heart and nearby blood vessels); management of the first stroke; and that a post mortem was not performed. C also complained that the board failed to respond to additional complaint correspondence they had sent.

The board's investigation identified areas of care that were of an unacceptable standard and they made a number of recommendations to address the failings.

During our investigation, we took independent advice from a consultant geriatrician (a specialist in medicine of the elderly). We did not identify evidence of unreasonable practice in the board's care in relation to a head scan not being performed prior to A's first stroke, nor did we identify any failings related to the management of A's first stroke. Nevertheless, we found that there were unreasonable failings related to communication; management of A's blood thinning medication; the echocardiogram and the post mortem. We, therefore, upheld this complaint.

We also investigated C's concerns about the board's handling of their complaint. We found that there were issues raised in C's additional letter that were not fully addressed by the board. We considered that a clear written response should have been provided to C. We concluded that it was unreasonable that the board did not provide a written response to the points laid out in C's additional correspondence. We, therefore, upheld this complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C and the family for the unreasonable failings in A's care and treatment and for the inaccurate reference in the Significant Adverse Event Review report that it was the GP's recommendation that A did not go on holiday. 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:

  • Appropriate consideration should be given to the restarting of blood thinning medication following clinical procedures, such as biopsy.
  • Comments made by families during the Significant Adverse Event Review process should be reasonably responded to.

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.