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Investigation Report 201101426

  • Report no:
    201101426
  • Date:
    April 2012
  • Body:
    Grampian NHS Board
  • Sector:
    Health

Overview
The complainant (Mrs C) underwent reconstructive breast surgery following treatment for breast cancer. She complained to Grampian NHS Board (the Board) that the surgeon and the surgical procedure were both changed at short notice. She had had a different procedure explained to her by a different surgeon at a consultation prior to the surgery. Mrs C said she had not had sufficient time to consider the changes prior to undergoing the surgery. She also complained that the outcome of the surgery was unacceptable.

Specific complaints and conclusions
The complaints which have been investigated are that:

  • (a) it was unreasonable to change the surgeon and the surgical procedure Mrs C was to undergo at short notice, without giving her sufficient time to consider the changes or make a fully informed decision (upheld); and
  • (b) the outcome of Mrs C's surgery was unacceptable (upheld).

 

Redress and recommendations
The Ombudsman recommends that the Board:

  • (i) ensure this case is discussed with the Registrar at his next appraisal;
  • (ii) consider the issue of consent, and provide evidence to the Ombudsman that the General Medical Council's guidelines are being followed in relation to obtaining informed consent from patients for surgical procedures;
  • (iii) take steps to ensure that a similar situation does not occur in the Plastic Surgery Department when cases are re-assigned to cover consultant leave;
  • (iv) bring this report to the attention of all staff involved in Mrs C's care, to prevent a recurrence of similar issues; and
  • (v) provide a full apology to Mrs C for the failures identified within this report.

 

The Board have accepted the recommendations and will act on them accordingly.

Updated: December 11, 2018