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Health

  • Case ref:
    202303944
  • Date:
    January 2025
  • Body:
    A Dentist in the Grampian NHS Board area
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / Diagnosis

Summary

C complained about the care and treatment that their child (A) received from a dentist. A injured their front tooth and attended their dental practice for an emergency appointment. The dentist noted there was a 1mm extrusion (tooth displacement) but decided that no treatment was needed. C complained that the tooth wasn’t treated with a splint.

The dentist said that dentists are able to use their own clinical judgement to decide whether or not to follow the guidelines in each case. In this case, the dentist decided that the tooth would recover on its own and made the decision not to splint the tooth.

We took independent advice from a dentist. We noted that there are standards a dentist should follow. This includes providing patients with treatment that is in their best interests and keeping up-to-date with current evidence and best practices. If a dentist chooses to deviate from established practice and guidance, the reason why should be recorded. We found that the dentist did not record the reasons why they decided not to follow the guidelines and they did not inform C that there were guidelines that applied in this case. We also considered that the decision not to follow the guidelines in this case was unreasonable. Therefore, we upheld C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for failing to inform them that the treatment recommended was not in line with the trauma guidelines, failing to inform them of the reasons why the guidelines were not followed, including the decision not to splint the tooth, and failing to appropriately record the reasons why in the clinical records. 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:

  • The dentist should be aware of and familiar with the guidelines on how to manage traumatic dental injuries (https://iadt-dentaltrauma.org/guidelines-and-resources/guidelines). Dentists should follow the guidelines when managing traumatic dental injuries unless there is a specific reason to take a different approach. Dentists should be aware of how and when to record their reasoning should treatment offered deviate from the approach recommended in the guidelines.
  • The dentist should be familiar, and act in line with the Standards for Dental Team (particularly standards 1.4.2, 7.1.1, and 7.1.2) as well as, the Professional Duty of Candour.

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:
    202303181
  • Date:
    January 2025
  • Body:
    Forth Valley NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Appointments / admissions (delay / cancellation / waiting lists)

Summary

C complained about delays in the care and treatment provided to their spouse (A) who was diagnosed with lung cancer following an abnormal chest X-ray. C said that there was a delay in A being provided with a CT scan result by the respiratory consultant, and a further wait to be seen by the oncologist (cancer specialist) following A’s biopsy (a medical procedure that involves taking a small sample of body tissue so it can be examined under a microscope). C asked whether A’s diagnostic pathway influenced their treatment, in that patients with more curable grades of cancer were treated sooner.

We took independent advice from a consultant oncologist. We found that there was no formal pathway for lung cancer patients in place at the time. We also found that the diagnostic pathway being used, was inadequate for all patients, not just for A or other patients with high grade cancer.

We found that due to a shortage of respiratory physicians at the time, there was a delay in arranging a review with the respiratory consultant. This resulted in delays to the biopsy which delayed a treatment plan. The board have accepted that the pathway for A was delayed and have made improvements to enable patients to follow the optimal lung cancer pathway. We found that there was an unreasonable delay in carrying out a respiratory review and that this, and a lack of formal pathway, had a significant impact on A’s overall treatment plan and experience. Therefore, we upheld C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the failures identified. 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:
    202301105
  • Date:
    January 2025
  • Body:
    Forth Valley NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained that the board failed to reasonably assess their mental health condition. C had been receiving treatment for a number of years in England, before returning to Scotland. C said that the board’s assessment questioned C’s existing diagnosis and sought to remove this. C asked for a second opinion and a different consultant reviewed their notes. C felt that they should have been seen face-to-face and complained that the board failed to offer an independent second opinion.

We took independent advice from a consultant psychiatrist. We initially upheld the complaint. However, in response to our provisional decision, the board provided evidence showing that they had not sought to remove C’s diagnosis. We found that if C’s existing diagnosis was not being removed, then there was no need for a second opinion. Rather the board should offer C an opportunity to work with a different clinician to repair the therapeutic relationship. As C’s diagnosis was not being removed, the basis for C’s complaints no longer applied. Therefore, we did not uphold C’s complaints. However, we recommended that the board apologise to C given the extent of the misunderstanding, which was not clarified early enough by the board.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the misunderstanding arising from the assessment of their condition. 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:
    202209356
  • Date:
    January 2025
  • Body:
    Fife NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained that the board failed to provide them with reasonable care and treatment when they attended the emergency department with pain and swelling in their leg. C was advised that their symptoms did not indicate a pulmonary embolism (a blood clot that blocks a blood vessel in the lungs) and that they were on appropriate medication. C was also referred to the deep vein thrombosis (DVT, a blood clot in a vein, usually in the leg) clinic for further investigation.

We took independent advice from a consultant in emergency medicine. We found that the medical care and treatment provided to C in the emergency department was reasonable. Therefore, we did not uphold this part of C’s complaint.

C also complained about the care and treatment that they received when they attended the DVT clinic several days later. C was advised at the clinic that it was highly unlikely that they had a DVT. However, around two weeks later, C attended the emergency department again due to worsening symptoms. C was diagnosed with a pulmonary embolism.

We took independent advice from a consultant in general medicine. We found that an advanced nurse practitioner did not give sufficient consideration to C’s significantly high D-Dimer blood test result (a test used to check for blood clotting problems) and did not seek input from medical staff. In addition, the board’s DVT protocol at the time was too simplistic to take into account all of C’s risk factors. It did not mandate the recording of those risk factors and deviated from the national guidance at the time, which recommended a repeat scan six to eight days later. Therefore, we upheld this part of C’s complaint.

C also complained about the Significant Adverse Event Review (SAER) the board had carried out. We found that the SAER fully recognised the omissions in the board’s protocol and changes were subsequently made to this. However, when carrying out the SAER, the review team did not seek input from C in line with national guidance. Therefore, we upheld this part of C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the failings identified. 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:

  • All relevant staff should be aware of the board’s revised DVT protocol.

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:
    202305141
  • Date:
    January 2025
  • Body:
    A GP Practice in the Ayrshire and Arran NHS Board area
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained on behalf of their elderly parent (A). A had a known history of high blood pressure and white coat syndrome (when a patient’s blood pressure rises in response to a stressful situation, such as, a doctor’s appointment or visit to the hospital). A had been prescribed a combination of two diuretic medications (types of drug that cause the kidneys to make more urine) to treat this. During an appointment with a locum GP, it was noted that A’s blood pressure was high so they prescribed a third diuretic medication. A became unwell and attended the practice a few days later. They were then admitted to hospital and diagnosed with hyponatraemia (a lower than normal level of sodium in the blood). C was concerned that the practice prescribed an unnecessary third diuretic that led to A’s admission to hospital and that they did not perform checks on A’s bloods before prescribing this medication.

The practice said that the medications were safe to be prescribed together with close blood monitoring. They explained that they have a system in place to monitor patients who are prescribed ‘triple whammy’ drugs (a combination of drugs of different types: non-steriodal inflammatories, diuretic, and ACE inhibitors). They also highlighted that they took bloods during the consultation before A’s admission to hospital.

We took independent advice from a GP. We found that the decision to prescribe the third diuretic was unreasonable and unsafe. The consultation that took place before the admission to hospital was reasonable and bloods were gathered. However, the practice’s procedure to monitor triple whammy drugs does not apply in this case as A was prescribed three diuretics and none of the other drug types. Therefore, A’s case would not be picked up by this monitoring programme. We found that the practice should have carried out a Significant Adverse Event Review and did not acknowledge any failings in their complaint response. Therefore, we upheld C’s complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C and A for failing to carry out a reasonable consultation on their first visit, failing to ensure that the medication prescribed was necessary and safe, failing to acknowledge any mistakes and failing to carry out a Significant Adverse Event Review, when they should have done. 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 serious significant adverse events occur that could have caused or did result in harm, reviews should be carried out in line with the national guidance: Learning from adverse events through reporting and review – a national framework for Scotland.
  • Clinicians should ensure that medication prescribed is required and is safe to be prescribed in combination with other medications before a new medication is issued. If required, blood monitoring should be carried out before commencing a patient on new medication.
  • Temporary staff such as locum GPs should be aware of relevant practice procedures and working practices so that they may act in line with them.

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:
    202111459
  • Date:
    January 2025
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health

The complainant (C) complained to my office about the care and treatment provided to their late adult child (A) by Lothian NHS Board – Acute Division (the Board). 

A was in their thirties and suffered from a number of chronic illnesses and very poor health. A had regular admissions to hospital and received treatment from community and district nurses between admissions to hospital. 

A was admitted to the Royal Infirmary of Edinburgh (the hospital) on 6 June 2021 with shortness of breath. A’s pre-existing leg wounds were treated in hospital during their admissions. A was discharged home on 24 June 2021. A continued to receive treatment at home from district nurses for their leg wounds. 

A’s condition deteriorated and they were admitted to hospital again on 26 August 2021. A’s health continued to deteriorate, and A underwent a right knee amputation on 2 September 2021. A did not make a full recovery following surgery. A remained in hospital and suffered a cardiac arrest on 11 October 2021. Sadly, A died the same day. 

C complained that A’s wounds were not appropriately assessed or treated during their admission to hospital, or during the time they were cared for at home. 

In their complaint response the Board said that throughout A’s care, where infection was suspected by the district nursing team, appropriate treatment was provided. During the course of treatment at home by district nurses, A’s care plan was reviewed regularly, changes were made to the wound care plan when necessary, dressings were changed when appropriate and a referral made to the tissue viability service. 

In response to our enquiries the Board said that there was evidence of good practice during A’s admission to hospital in June 2021 with respect to the management of A’s wounds. The Board acknowledged a wound care chart was not completed on the day of admission, but there were clear entries thereafter evidencing A’s wound care. 

With respect to A’s admission to hospital in August 2021, the Board said that A’s wound care was appropriately documented and that available records evidenced appropriate nursing care during A’s admission. 

During my investigation I took independent advice from a registered nurse. Having considered and accepted the advice I received, I found that:

Care at home

  • There was no evidence of appropriate wound assessments having been undertaken whilst A was treated by district nurses for their wounds.
  • The choice of dressings was on occasion unreasonable and inappropriate to manage A’s wounds.
  • Whilst there were occasions where the frequency of dressing changes was stepped-up to daily changes, these were inconsistent. As a result A was left with wet and foul smelling dressings, which is unreasonable.
  • There was an unreasonable delay in seeking specialist wound care when it was clear A’s wounds were deteriorating. 

Care during hospital admissions

  • During both admissions A’s wounds were not appropriately assessed and there were a number of instances of inappropriate and unreasonable wound care provided to A.
  • During A’s June 2021 admission to hospital there was an unreasonable failure to update their wound management plan and appropriately assess a deep abscess.
  • During the admission from August 2021, inadine dressings were inappropriately prescribed and applied.
  • Negative Pressure Wound Therapy (NPWT, a device to promote wound healing) was used on A’s wounds without evidence of the appropriate assessments having been carried out prior to its use. NPWT was applied in circumstances where it was contraindicated. Its use was unreasonable.
  • Clinicians and nursing staff did not appear to have the requisite knowledge in relation to the application of NPWT. 

Taking all of the above into account, I upheld C’s complaints

Recommendations

What we are asking Lothian NHS Board - Acute Division to do for the complainant

Rec. number What we found What the organisation should do What we need to see
1.

In relation to (a) and (b) I found that:

  • A’s wounds were not appropriately assessed
  • The frequency of dressing changes was not sufficient to manage A’s wounds
  • There were missed opportunities to refer A to the Tissue Viability Specialists, and that there was an unreasonable delay in making the referral
  • Dressings applied to A’s wounds were at times contraindicated or inappropriate to manage their wounds
  • Negative Pressure Wound Therapy was inappropriately and unreasonably applied to an actively bleeding wound and
  • Negative Pressure Wound Therapy was also inappropriately and unreasonably applied to a sloughy wound.

Apologise to C for the failures identified in my decision. 

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

A copy or record of the apology. 

By: 19 February 2025.

What we are asking Lothian NHS Board - Acute Division to improve the way they do things

Rec. number What we found Outcome needed What we need to see
2. A’s wounds were not appropriately assessed. Wound assessments for patients should be completed holistically and on a timely basis in line with the patient’s presentation. Assessments should appropriately document the progression/ deterioration of a patient’s wound and prescribe appropriate wound management.

Evidence that the Board have shared the decision with all staff involved with wound care in a supportive manner for reflection and learning. 

By: 19 February 2025. 

Evidence that the Board have reviewed their wound management guidance to ensure it appropriately takes into account relevant national guidance with details of how any changes will be disseminated to staff. 

Evidence that the Board have reviewed their wound care assessment training for relevant nursing staff in light of the findings of this investigation with details of how it will be rolled out to relevant staff. 

By: 16 April 2025

3. 

The frequency of dressing changes was not sufficient to manage A’s wounds. On one occasion hospital at home staff attending A inappropriately left wet and soaked through dressings for district nursing staff to change which was unreasonable, and 

Dressings applied to A’s wounds were at times not appropriate, contraindicated, or inappropriate to manage their wounds.

Wound dressings should be changed frequently enough to manage the level of exudate, to prevent ‘strikethrough’ and foul smells. Patients should not be left at home with wet or soaked through dressings unchanged.

Evidence that the Board have shared the decision with all relevant staff involved with wound care assessment in a supportive manner for reflection and learning. 

By: 19 February 2025. 

Evidence that the Board has ensured that staff delivering such services have received the appropriate training and ongoing professional development. 

This should include details of future plans to either / both provide training now and how expertise will be maintained. 

By: 16 April 2025

4.  There was an unreasonable delay in referring A to Tissue Viability Specialists and there was an unreasonable delay in making the referral.

Where a patient’s wounds deteriorate despite on-going treatment or are non-progressing over a period of time, nursing staff should consider immediate referral for specialist tissue viability assessment. 

Decisions in relation to referral should be documented and if the need for referral is identified this should be actioned without delay.

Evidence that The Board have shared the decision with relevant nursing staff involved with wound care in a supportive manner for reflection and learning. 

By: 19 February 2025. 

Evidence that the Board have an appropriate referral pathway for specialist wound management and that relevant nursing staff are aware of how to access it to make a referral. 

By: 16 April 2025.

5.

Negative Pressure Wound Therapy was inappropriately applied to an actively bleeding wound. 

Negative Pressure Wound Therapy was also inappropriately applied to a sloughy wound.

Negative Pressure Wound Therapy should be applied in accordance with manufacturers guidance and in accordance with Board policy and HIS guidance.

Evidence that the Board have shared the decision with all relevant staff involved in wound management. 

By: 19 February 2025. 

Evidence that relevant staff are aware of the Board’s policy on the use of Negative Pressure Wound Therapy and manufacturers guidelines, and 

that medical staff deemed competent in prescribing/applying Negative Pressure Wound Therapy have received training in its use. 

By: 16 April 2025

Feedback

Points to note

The ‘house held’ records which contain the written record of care provided at A’s home have been reported as lost. I encourage the Board to reflect on the circumstances leading to their loss, and whether there is any learning for them in relation to record keeping and records management policies and staff guidance.

  • Case ref:
    202301856
  • Date:
    December 2024
  • Body:
    Tayside NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    Clinical treatment / Diagnosis

Summary

C had a number of concerns about their child (A)’s behaviour, development, and educational attainment. A was referred to Child and Adolescent Mental Health Services (CAMHS) in the board. An assessment was carried out, the result of which was that A was not diagnosed with a neurodevelopmental condition.

C complained that the board had unreasonably discharged A from the CAMHS service after having determined that they did not have attention deficit hyperactivity disorder (ADHD), without sufficient consideration being given to other potential diagnoses, and that the board failed to provide reasonable support following the lack of a diagnosis.

We took independent advice from a psychologist specialising in CAMHS. We found that the while the board had ruled out ADHD, their assessment had also considered other neurodevelopmental conditions such as autism spectrum disorder (ASD) and intellectual disability (ID), as well as a broader consideration of A’s circumstances and early life experiences. It was evident that A did not meet the criteria for ongoing treatment via CAMHS and that that the board had carried out a sufficiently thorough and comprehensive assessment prior to discharging A. We also found that appropriate thought and consideration had been given to ensuring that A and C were engaged with the relevant agencies with respect to ongoing support being available, in particular through A’s schooling.

For these reasons, we found that the care and treatment provided to C and A had been reasonable and we did not uphold C’s complaints.

  • Case ref:
    202304367
  • Date:
    December 2024
  • Body:
    Lothian NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C complained on behalf of their spouse (A) about the standard of care and treatment received in the months before A died. The board partially upheld the complaint, including failings in communication and a lack of privacy and dignity shown to A.

We took independent advice from a registered nurse. We found that while the board had acknowledged some failings, they had not identified other issues with person-centred care planning, care delivery and documentation. We therefore upheld this part of the complaint.

C complained that the board had failed to communicate with A and their family to a reasonable standard. The board acknowledged that despite C being A’s carer, and it having been agreed to utilise email communication, information was not always shared with the wider team, which may have contributed to C’s perception that communication was lacking. We found that the board’s position that there was no record of any upset between A and individual staff members was factually incorrect. We thereby upheld this part of the complaint.

C complained that there was no record of a care plan, and that the package of care was not adequate for A’s needs. The board acknowledged the lack of a suitable care package had an impact on discharge planning, and that they had failed to establish a more detailed person-centred care plan once A was discharged. We found that there was detailed planning and discussion around discharge involving C and A. We did not uphold this element of the complaint because, on balance, while the delivery of care did not match C and A’s expectations, this did not make the plan unreasonable in the circumstances.

C also complained that the board’s response to their complaint was unreasonable and delayed. We found that C’s complaint was complex and multi-faceted accounting to some extent for the delay. However, the response had inaccuracies and failed to identify all the failings in care. For that reason, on balance, we upheld this aspect of the complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the failures 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.

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

  • The board should ensure that person centred care planning is person specific and staff are knowledgeable on how to create a person-centred care plan; that care rounding is completed appropriately, that pain is assessed to the appropriate level and using the correct tools, that privacy and dignity is maintained by all staff for all patients and that staff are aware of how to promote continence and are competent in the use of products used to promote continence.
  • Communication with patients and families should be person-centred, full, and accurate.

In relation to complaints handling, we recommended:

  • Complaint responses should be accurate and identify all failings.

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:
    202301188
  • Date:
    December 2024
  • Body:
    Lothian NHS Board - Acute Division
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    Record keeping

Summary

C complained that Lothian NHS Board (Board 1) unreasonably failed to maintain records of specialist advice they provided to another board (Board 2). C attended A&E at Board 2 with symptoms of significant pain, problems passing urine and lack of sensation. On the specialist advice of neurosurgery at Board 1, C was admitted to the Orthopaedics department of Board 2’s hospital and an MRI was carried out the following day. The MRI scan results were discussed with the Board 1's neurosurgery team, following which C was discharged. C later required emergency surgery and considers the outcome would have been better if they had undergone surgery when they originally attended hospital.

When C complained to Board 2, they confirmed that they had relied on the Board 1’s specialist advice but Board 1 had failed to keep a record of the referral. C complained that Board 1 unreasonably failed to maintain records of the specialist advice provided to Board 2. C also complained about the neurosurgery advice provided by Board 1 to Board 2.

We took independent advice from a consultant orthopaedic surgeon in relation to the complaint about maintaining accurate records. We found that Board 1 unreasonably failed to maintain records of the specialist advice provided to Board 2. We upheld the complaint.

We took independent advice from a consultant neurosurgeon in relation to the complaint about neurosurgery advice. We found that C had been appropriately assessed with a thorough examination. As such, we did not uphold this complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise to C for the failing identified. 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:

  • A system is in place which ensures when advice is provided by the board for tertiary patients there is a record of this as a permanent part of that patient’s electronic record.

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:
    202302985
  • Date:
    December 2024
  • Body:
    Lanarkshire NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    Clinical treatment / diagnosis

Summary

C’s elderly parent (A) spent two months in hospital due to extensive bruising on their arms and legs with no obvious cause. A suffered acute hip pain while in hospital and became dependent on oxygen. C complained about concerns that they had regarding many aspects of A’s experiences, including A’s discharge after a few weeks and readmission just over a week later. On the day of readmission, A had been visited by district nurses who had administered morphine to A. A died on readmission.

We took independent advice from an adviser specialising in medicine for the elderly. C complained that A was unreasonably discharged. We found that steps had not been taken to ensure that A and C had been provided with reasonable information about the medication that A had been prescribed. Therefore we upheld this aspect of the complaint. Additionally, C complained that district nurses unreasonably failed to administer an appropriate amount of morphine to A. We found that the district nurses’ should have administered an additional dose after the initial dose of morphine did not take effect. Therefore, we upheld this aspect of the complaint.

Recommendations

What we asked the organisation to do in this case:

  • Apologise for the failures 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.

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

  • The reflective reviews undertaken to reduce the risk of similar issues emerging in future should have included specific discussion of information about medication being provided to patients and, where appropriate, their carers/families or other support.

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.