Decision Report 201607116

Summary

Mr C complained that after being put on the waiting list for a transurethral resection of the prostate (surgery used to treat urinary problems caused by an enlarged prostate), he was not given an appointment within the 12 week treatment time guarantee timescale, and that he was not updated about this or his place on the waiting list.

We took independent advice from a consultant urologist and found that the delay Mr C had experienced was unreasonable. Whilst the board had provided evidence of a number of actions they had taken to address the extended waiting times for urology services, including employing more urology consultants and opening extra theatre lists, they had not provided evidence that the board had taken steps to arrange for the procedure to be carried out by another NHS health board or by another provider as is stipulated by the Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012. We also found that Mr C should have been contacted by the board and advised of the delay in treatment. We upheld Mr C's complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to Mr C for the delay in providing him with an appointment for transurethral resection of the prostate. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/leaflets-and-guidance.

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

• When the treatment time guarantee is not going to be met, the board should take reasonable steps to arrange for the provision of the procedure by another NHS health board or another provider, as set out in the Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012.
• Patients should be advised when the treatment time guarantee is not going to be met, and given an explanation as to why this is.

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.