Overview
A Member of Parliament (Mr D) raised a complaint on behalf of a constituent (Ms C). It was first raised within Lothian NHS Board (the Board) on 25 July 2007. The complaint focused on the lack of consent on 2 March 2007 for additional clinical procedures to be undertaken during a pre-arranged surgical procedure. In her view, Ms C had not been given adequate time to fully consider the options and the attendant risks before consenting fully to the potential, additional surgery. It subsequently took 17 months to resolve her complaint at the local resolution stage of the NHS complaints procedure before the matter was referred to the Ombudsman's office on 27 July 2009.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Board's actions in relation to obtaining consent from Ms C for the removal of her left fallopian tube during a laparoscopic adhesiolysis and left salpingostomy were unsatisfactory (upheld); and
- (b) the Board delayed in responding to Ms C's complaints (upheld).
Redress and recommendations
The Ombudsman recommends that the Board:
- (i) apologise to Ms C for the decisions taken to carry out additional surgery without her clear understanding of the potential outcomes;
- (ii) ensure elective surgical consent forms are clearly set out and appropriately understood and signed by the patient or their representative;
- (iii) apologise to Ms C and her representative for the delays experienced in the handling of their complaint; and
- (iv) ensure the revised internal complaints procedure provides all the necessary components set out in the NHS complaints procedure to guarantee a consistent approach to complaint handling within the Board.
The Board have accepted the recommendations and will act on them accordingly.