Investigation Report 201300380

  • Report no:
    201300380
  • Date:
    June 2014
  • Body:
    Lothian NHS Board
  • Sector:
    Health

Overview
The complainant (Mrs C) expressed concern that her late husband (Mr C) had not been given enough information prior to giving his consent to open heart surgery.  Mr C died during the operation, and Mrs C had said that, if they had been fully aware of the risks involved, Mr C would not have chosen to go ahead with the operation.

Specific complaints and conclusions
The complaint which has been investigated is that the consent process for cardiac surgery was not properly carried out in that Lothian NHS Board unreasonably failed to provide sufficient information about the potential complication of Mr C's heart being attached to the back of the sternum (upheld).

Redress and recommendations
The Ombudsman recommends that the Board:

  • ensure that staff refer to the General Medical Council Guidance, 'Consent:  patients and doctors making decisions together' when agreeing and recording consent and risk for cardiac surgical procedures;
  • ensure that unacceptable delays between patients' deaths and subsequent Audit Meetings do not occur in the future;
  • ensure that Doctor 2 is reminded of the importance of record-keeping in all elements of care and treatment; and
  • apologise to Mrs C for the failure to inform her and her husband adequately of the risks involved in his operation, and for the suffering that Mrs C has endured as a result of this failure.

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

Updated: December 11, 2018