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Health

  • Case ref:
    201300756
  • Date:
    November 2013
  • Body:
    Grampian NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    admission, discharge & transfer procedures

Summary

Mr C, who has type 1 diabetes, complained that he was not offered a meal over a period of several hours while waiting to leave hospital. He did say that a nurse had offered him something, which he had declined. The board said that the staff nurse recalled a nurse offering food three times, although Mr C said this was not true. Our investigation found that Mr C had been in hospital overnight in relation to a condition other than his diabetes, and nursing staff were satisfied he knew how to manage the diabetes himself. He was administering his insulin himself while in the hospital. This meant that his food intake did not need to be recorded, which also meant we were unable to establish whether he was offered something to eat at a suitable time. There were, therefore, no grounds to uphold this part of Mr C's complaint.

Mr C also complained that the patient discharge sheet referred to him as female. When he complained to the board, they apologised, explained that this had been human error and told him what action they were taking to help prevent a recurrence. We also noted that the writer of the discharge sheet had referred to Mr C as 'Mr' on the following line, which was an indication that the gender error had been a human error, rather than a deliberate attempt to humiliate Mr C. We also considered the board's explanations and actions were reasonable.

Mr C was also unhappy with the board's complaints handling, which he said took too long and did not address the issues. We found that the board had taken the complaint seriously, investigated the various issues robustly and tried hard to respond to the key issues raised and many of Mr C's other points. There were delays, but we also noted that the NHS complaints procedure only gives timescale guidelines in respect of the first complaint reply, not in respect of follow-up correspondence, such as Mr C's follow-up letter. We took the view that the board should have kept in contact with Mr C about the delays but did not consider it would be proportionate to make any recommendation for action by the board as, on balance, their complaints handling was generally good.

  • Case ref:
    201204111
  • Date:
    November 2013
  • Body:
    Fife NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, no recommendations
  • Subject:
    complaints handling

Summary

Mr C complained about the time the board took to provide him with tests, referrals and a diagnosis. He was concerned that every time he was referred for tests or treatment he was placed back on the waiting list. He was of the view that the board failed to meet their obligations in terms of the required waiting times.

We found that the board's initial referral exceeded, by a few days, the 18 week NHS 'treatment to referral time' standard. A subsequent referral for an MRI scan (a scan used to diagnose health conditions that affect organs, tissue and bone) also exceeded this timescale, so we upheld the complaint. As the board had, however, already apologised to Mr C for the delay and taken steps to try and avoid similar future failures, we did not make any recommendations.

  • Case ref:
    201203180
  • Date:
    November 2013
  • Body:
    Fife NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, no recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mrs C complained about her late husband (Mr C)'s care and treatment by the board. She said there was an avoidable delay in the diagnosis of Mr C's cancer and that following chemotherapy in March 2012, it was unreasonable to have scheduled a follow-up CT scan (a special scan using a computer to produce an image of the body) for six months later – Mrs C thought it should have been sooner.

We obtained independent advice on this case from one of our medical advisers, a consultant clinical oncologist (a specialist in treating patients who have cancer). The adviser explained that Mr C had a rare aggressive duodenal (in the first part of the small intestine) cancer which the board promptly diagnosed and treated by surgery and chemotherapy. He said the clinical care and treatment Mr C received was both appropriate and to a high standard.

The adviser said there was no evidence in Mr C’s medical notes that the board told Mr and Mrs C when the next CT scan would be carried out. A letter from the board to Mr C’s GP said only that Mr C had a further appointment for three months’ time. According to the board, they planned to carry out a further scan in September 2012, six months after the completion of chemotherapy. Therefore, while it appeared that the board planned to carry out a further scan at a future date, we were unable, due to the conflicting evidence, to reach a definite conclusion on what the board told Mr and Mrs C about the time frame. However, our adviser explained that CT scans are usually only carried out if a patient has symptoms that suggest the cancer may have come back, and this was not the situation when Mr C was seen in March 2012. Therefore, the board’s apparent plan to carry out a further CT scan was, according to the adviser, above standard care and would not, irrespective of the timescale, be deemed unreasonable. We accepted the adviser’s view, and did not uphold Mrs C's complaints.

  • Case ref:
    201102334
  • Date:
    November 2013
  • Body:
    A Medical Practice in the Fife NHS Board area
  • Sector:
    Health
  • Outcome:
    Upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained to the medical practice about the treatment that his late wife (Mrs C) received for gout. A GP had prescribed tranquilisers instead of painkillers. After two weeks Mrs C started losing skin on her hands and the GP reduced the medication. Mrs C was later admitted to hospital, where she died, with the cause of death stated as kidney failure and diabetes. Mr C said that his wife should have been admitted to hospital sooner, as she was passing blood.

Although we noted that this was a complex medical case, we upheld Mr C's complaint. After taking independent advice from one of our medical advisers, our investigation found that there was a lack of documentation in the GP records about Mrs C's deterioration in the weeks before she was admitted to hospital. There was also a failure to check her kidney function in view of medication that had been prescribed, and the practice should have referred Mrs C for a specialist opinion or hospital admission sooner.

Recommendations

We recommended that :

  • conduct a significant event audit to see if lessons can be learned from this complaint;
  • apologise to Mr C for the failings identified in our report; and
  • ensure that the GP concerned revises the presentation of acute renal failure and management of hypertension and discusses the case at his next appraisal.
  • Case ref:
    201300252
  • Date:
    November 2013
  • Body:
    Dumfries and Galloway NHS Board
  • Sector:
    Health
  • Outcome:
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained about the prison healthcare team making changes to medication he had been prescribed for chronic leg pain and migraines. He also complained about not being given medication for high blood pressure.

Mr C, however, withdrew his complaint before our investigation was completed.

  • Case ref:
    201201202
  • Date:
    November 2013
  • Body:
    Borders NHS Board
  • Sector:
    Health
  • Outcome:
    Not upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Mr C complained that the board had failed to return his in-the-ear hearing aids to him after they were repaired and told him they must have been lost in the post. He said they then decided not to provide the same type as a replacement, and told him he would be given behind the ear aids instead. When Mr C complained about this, he said the board failed to fully evidence or explain why he could no longer have in-the-ear hearing aids.

We took independent advice from one of our medical advisers on this case and she said that the board's guidelines for hearing aid provision were arrived at properly, were ones they were entitled to apply and that the decision-making process was appropriate and in accordance with the guidance. She said that Mr C did not meet the criteria for in-the-ear hearing aids set out in the guidance.

In terms of their response to Mr C’s complaint, we considered that the board had provided a full and reasoned explanation of why Mr C no longer qualified for in-the-ear hearing aids, that their letters had been detailed and noted that they had offered to meet with Mr C to discuss his concerns.

However, we accepted that had Mr C’s original hearing aids not been lost in the post then he would not be in his current position. We also noted that he had said that the board had previously lost his hearing aids and moulds and we did not see any evidence that the board disputed this. Although, therefore, we did not uphold Mr C's complaints, we considered it reasonable that the board could and should have provided a more secure and reliable means of returning Mr C’s repaired hearing aids and because of this we made a recommendation.

Recommendations

We recommended that the board:

  • provide Mr C with replacement in-the-ear hearing aids.
  • Case ref:
    201203289
  • Date:
    November 2013
  • Body:
    Ayrshire and Arran NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    admission, discharge & transfer procedures

Summary

Mrs C's late husband (Mr C) was admitted to hospital, having been referred there by his GP for rectal bleeding and diarrhoea. His symptoms were attributed to his known history of diverticulitis (a common disease of the digestive system), but he was also found to have an abdominal aortic aneurysm (ballooning of part of the aorta, the body's largest artery). His symptoms settled and he was discharged after three days. However, a CT scan (a special scan using a computer to produce an image of the body) carried out during his admission showed that his aneurysm required urgent treatment and he was readmitted within two weeks for surgery, in which a graft was used to repair the aneurysm.

Mr C recovered well and was discharged six days later with arrangements for him to be reviewed in another six weeks. Around five weeks after his surgery, however, Mr C began coughing up blood. He attended the accident and emergency department, and was readmitted to hospital. Tests were carried out to check for a blood clot in his lungs or a chest infection, and he was treated for a presumed chest infection. Mr C's kidney function was also impaired and he became septic (with infection in the bloodstream), but the cause of the sepsis was unclear. He was referred for review by a surgeon who arranged another CT scan. This showed evidence of air pockets around the graft that had been used during his aneurysm repair. Mr C was treated with antibiotics, then had further surgery to remove and replace his infected graft. After the operation,

Mr C was taken to the intensive care unit (ICU) and high dependency unit (HDU), but was transferred back to the main ward three days after his operation. He developed oedema (swelling) and kidney failure. He was transferred back to the ICU, but suffered two heart attacks and died three weeks after the surgery.

Mrs C complained that the board discharged Mr C too soon after his initial operation. She also felt they failed to identify the source of his infection, despite his recent operation wound being a likely site and that the vascular surgeon who carried out his operation was not informed of his re-admission soon enough. Mrs C also complained that Mr C was transferred out of the ICU/HDU too soon.

After taking independent advice from our medical advisers, we upheld Mrs C's complaints about her husband's first discharge from hospital, and the move out of ICU/HDU, but not her other complaints. We found that the board failed to follow their own discharge planning policy properly and, although there was no clear evidence to suggest that Mr C was not fit for discharge after the first operation, a lack of records meant we were unable to be certain of this. We noted that the board took appropriate action when Mr C developed a rash over his entire body, but we criticised the decision to transfer him back to the main ward after his last operation. Our adviser said that his fluid balance was poorly managed and that staff on the main ward would not have been qualified to provide the close monitoring and treatment that he required. We were, however, satisfied that the board took reasonable steps to identify the source of Mr C's infection. As he initially presented with respiratory symptoms, there was no cause to involve the vascular surgeon or to investigate his operation site as the source of infection. However, as potential sources were ruled out, the vascular surgeon was contacted for his view.

Recommendations

We recommended that the board:

  • audit their performance in relation to their discharge from acute care policy with particular emphasis on record-keeping and ensuring patients are reviewed daily;
  • apologise to Mr C's family for the additional discomfort caused by his premature discharge to the main ward; and
  • arrange for their ICU and HDU staff to review Mr C's case with specific reference to fluid balance management to identify any points of learning.
  • Case ref:
    201205058
  • Date:
    November 2013
  • Body:
    An NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    clinical treatment / diagnosis

Summary

Miss C's mother (Mrs A) was admitted to an island hospital with pancreatitis (inflammation of the pancreas), where her condition deteriorated overnight. The next day, it was identified that she was developing organ failure, as a complication of the pancreatitis. She was transferred to a mainland hospital in another health board area. Mrs A died around sixteen days later from multiple organ failure.

Miss C complained about the care and treatment provided to her mother in the island hospital in the two days before she was transferred. After taking independent advice from one of our medical advisers, we found that a prompt and appropriate detailed medical assessment was completed when Mrs A was admitted. There was clear documentation of her vital signs, current drug treatment, physical examination and initial blood tests. The initial diagnosis of acute pancreatitis was correct and was made within a very short time. We also found that the later care and treatment provided to Mrs A was reasonable and appropriate, as was the attention to her pain relief. The deterioration in Mrs A's condition was due to the development of increasingly severe pancreatitis, complicated by early organ failure, rather than inadequate medical care. We did not consider that there were any clinical failings that impacted adversely on Mrs A, and our adviser said that no other specific treatment could have been offered at that time that might have changed the course of events.

Miss C also complained that the board failed to provide her and her sibling (who were both teenagers) with sufficient support when their mother was transferred to the mainland hospital. Miss C decided not to travel with Mrs A when she was transferred by ambulance, and said that when she and her sibling later went to visit their mother, they had to stay in a bed and breakfast without any support.

We found that although it would not have been appropriate for the board to pay their costs, they should have provided Mrs C’s children with advice on how to try to get help with these. We also found that Miss C was not given enough information about her mother’s prognosis to make an informed decision about whether to travel with her in the ambulance. Having carefully considered this matter, we upheld the complaint that the board had not provided Mrs A's children with adequate support when it was decided that she should be transferred.

Recommendations

We recommended that the board:

  • issue a written apology to Miss C for the failure to provide her with adequate information about her mother's prognosis and for failing to provide her with adequate advice on how to try to obtain further support with travel costs; and
  • take steps to ensure that relatives are given adequate information about how to try to get help with the costs of visiting patients who are transferred to hospital on the mainland.
  • Case ref:
    201204951
  • Date:
    November 2013
  • Body:
    An NHS Board
  • Sector:
    Health
  • Outcome:
    Upheld, no recommendations
  • Subject:
    communication, staff attitude, dignity, confidentiality

Summary

Mr C was being treated for HIV (Human immunodeficiency virus - the virus that causes acquired immunodeficiency syndrome (AIDS)). He was unhappy because the board sent his medication to a family member's home, rather than to his medical practice as requested. A family member opened the package and became aware of Mr C's HIV status. Mr C had not discussed this with his family, and it caused him and his family a great deal of upset and difficulty.

He complained to the board, who investigated and found that when he had asked for his medication be sent to his practice (which was in another board's area) the board's pharmacy services had said that they could not send medication to a GP outwith their board's area. Nursing staff had then contacted Mr C's consultant for advice, who said that the medication should be sent to Mr C's home address. However, pharmacy services unfortunately had the address of a family member on their database rather than Mr C's own address. They did not contact Mr C to check that the address was correct or that he was happy for the medication to be posted directly to him. As a result of these failings, the board upheld his complaint, apologised to him, and advised that they had introduced procedural changes to prevent this happening again.

Mr C remained unhappy and brought the complaint to us. We investigated and found that the board's explanation of what went wrong was correct. As they failed to check Mr C's address details or seek his consent to send the medication to his home address, we upheld his complaint. We also obtained details of the safeguards introduced to ensure that this does not happen again, and were satisfied that these were appropriate. For this reason, and because they had already apologised to Mr C for the significant distress this matter had caused, we made no recommendations for further action.

  • Case ref:
    201203255
  • Date:
    November 2013
  • Body:
    An NHS Board
  • Sector:
    Health
  • Outcome:
    Some upheld, recommendations
  • Subject:
    policy/administration

Summary

Ms C is a transgender woman undergoing gender reassigment (a process of changing from man to a woman). She complained that the assessment process for acceptance for gender reassignment surgery took too long and was unreasonably delayed. She started going to the relevant clinic, attending regularly over the following three years. She was referred for a range of additional treatments including hormone therapy, plastic surgery and speech therapy. She sometimes presented at the clinic as a man and sometimes as a woman, but consistently said she was keen to seek gender reassignment surgery.

After three years Ms C was given a referral for gender reassignment surgery in the UK. Ms C then said she preferred to have this abroad, asked for a referral, and withdrew from the service.

In considering this complaint, we took independent advice from our psychiatric adviser, who reviewed all the consultations that Ms C had as she progressed towards referral for surgery. While he acknowledged that it had taken some time for Ms C to gain her referral, he did not identify any specific delays on the part of the board. The timescales involved were partly due to referrals to other services and partly due to inconsistencies in the way Ms C was presenting at the clinic.

Ms C also complained that the board unreasonably refused to refer her for surgery abroad. She said that the criteria for referral were the same, and she would be paying for the surgery. The board said that the decision not to refer Ms C was taken on policy grounds, as international referrals are only made when specialist skills are not available in the UK. Our adviser noted that it would have been appropriate to make an exception to policy on this occasion, given that payment for surgery was not an issue, and we upheld the complaint. However, we noted that before gaining a new referral, Ms C would need to provide evidence that she was ready for surgery now, as she does not currently meet the referral criteria because she withdrew from the service.

Ms C also complained about the standard of plastic surgery on her jaw. She said that it had left her jaw heavier on one side, and that this was deliberate on the part of the surgeon. We took independent advice on this from a facial surgery adviser, who found that the technique used during surgery was appropriate and that the results were of an acceptable standard. He noted that all faces are asymmetric and that patients who have had plastic surgery are much more aware of their appearance after surgery than they were before.

Finally, Ms C complained that there were factual inaccuracies in the board’s response to her complaints. We reviewed the correspondence, and found that there appeared to be some confusion around the use of the word ‘ambivalence’, which was used by Ms C’s psychiatrist to describe her approach to her gender reassignment when she was not consistently presenting as female. However, our psychiatric adviser considered these assessments to be appropriate. We also found some inconsistency around the information presented in relation to her attendance at appointments and some confusion caused by a statement from the board’s plastic surgeon. However, we could not find any significant inaccuracies in the board’s correspondence, and did not uphold this complaint.

Recommendations

We recommended that the board:

  • ensure that all patients attending/receiving the services of the clinic are, at their first appointment, given verbal and written information of the policies and procedures followed there in relation to gender reassignment surgery; and
  • apologise for not referring Ms C for surgery abroad when it would have been appropriate to do so.