University Hospitals Birmingham NHS Foundation Trust

2. Mrs A complains on behalf of her father Mr T about the care and treatment he received from the Trust between 11 August and 23 September 2019. Specifically, she complains the Trust:

· failed to ensure her father received sufficient fluids

· did not act on the information she provided when it came to communicating with her father

· failed to ensure her father received purified food at his scheduled feeding times

· did not answer her father’s call bells

· failed to monitor her father when he had to take his pain medication

· consultant delayed communicating to her that her father had terminal cancer and his treatment plan, by four weeks

· did not obtain her consent before arranging for her father to be assessed

· did not consult with the family about their options regarding the nursing home and

· failed to obtain her consent before placing a Do Not Resuscitate (DNR) on her father’s medical records.

3. Mrs A says due to her father not receiving sufficient fluids he was dehydrated and developed a water infection. Mrs A says due to the Trust not acting on the information she provided, it resulted in her father receiving poor care. Mrs A believes her father went hungry as he was not given his food on time.

4. Mrs A says her father did not receive the care he needed as his call bells went unanswered. Mrs A says that due to the Trust not monitoring her father when he took his medication, she believes he was left in pain overnight. She also says her father was in agony and feels his dignity was taken.

5. Mrs A says she was distressed and shocked to be told four weeks later about her father’s cancer diagnosis. She says she was upset the Trust did not get her consent when it arranged to assess her father, and was not given the opportunity to be involved in the decision making, particularly regarding the nursing home her father was to be placed in. Mrs A says she was further upset to learn about the DNR.

6. As an outcome, Mrs A would like compensation.

7. On 11 August 2019, Mr T was admitted to the Trust with a suspected stroke.

8. Between 12 August and 23 September, Mr T was a patient on Ward 14. Mrs A says during her father’s stay at the Trust, he did not receive sufficient food and fluids, was not given his medication, his pain was not managed appropriately, the ward staff did not communicate with the family, and there was insufficient staff on the ward to take care of her father’s needs.

9. On 23 September 2019, Mr T was discharged from the Trust to a nursing home where he remained until his death on 8 January 2020.

11. The law says we cannot investigate a complaint where a person has (or had) the option to take legal action, unless we consider this is (or was) unreasonable in the circumstances. We have discussed this with Mrs A to understand her circumstances and the outcomes she wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

12. Mrs A told us the outcome she is looking for is financial compensation. She is looking for financial compensation in the thousands for the negligent treatment she believes her father received, for the impact it had on her father, and for the pain and distress caused to her and her family by the Trust’s actions. Mrs A has told us she will first consider her legal options.

13. Mrs A can approach a solicitor or speak to her local Citizens Advice Bureau. Mrs A can also contact AVMA (Action Against Medical Accident).

1. We have carefully considered Mrs A’s complaint about University Hospitals Birmingham NHS Foundation Trust (the Trust), which she raised on behalf of her late father Mr T. We are sorry to learn of Mrs A’s father’s death. We acknowledge that complaining about Mr T’s care has been difficult for her. We consider Mrs A could take legal action on the matter that she has brought to us.