A medical centre in the Essex area

The Practice

3. Mr P complains that the Practice failed to diagnose his mother, Mrs G and provide her with appropriate treatment between 12 and 19 January 2019.

4. Mr P says the Practice’s failure to diagnose and treat her affected the treatment she received in hospital and contributed to her death. He says his mother’s death has left him and his family numb and disillusioned.

5. Mr P says he is wishes to confirm negligence by the Practice.

East Norfolk and North Essex NHS Foundation Trust

6. Mr P complains that East Suffolk and North Essex NHS Foundation Trust (the Trust) failed to diagnose his mother, Mrs G and provide her with appropriate treatment between January and April 2019.

7. Mr P says the Trust’s failure to diagnose and treat her contributed to her death. He says his mother’s death has left him and his family numb and disillusioned.

8. Mr P says he is wishes to confirm negligence by the Trust.

Failure to diagnose and provide appropriate treatment

10. 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 Mr P to understand his circumstances and the outcomes he wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

11. Our role is to make final decisions on complaints that have not been resolved locally by the NHS in England. It is not our role to identify clinical negligence, as this is something a court can determine.

12. Mr P told us he is seeking to identify clinical negligence by the Practice and the Trust. He says he is undecided on pursuing legal action but would do so on a ‘no win, no fee’ basis. We can see the events of Mr P’s complaint significantly affected him and his brother, and that it is motivated by the loss of his mother. However, we have seen no barriers which might prevent Mr P from pursuing legal action, which is the only method which might achieve the outcome he is seeking. In the circumstances, it would be reasonable for him to explore taking legal action.

1. We have carefully considered Mr P’s complaint about a medical centre in the Essex area (the Practice), and East Norfolk and North Essex NHS Foundation Trust. We consider Mr P could take legal action on the matter he has brought to us.

2. Mr P only seeks to identify clinical negligence by the Practice in its diagnosis of his mother and the subsequent treatment she underwent. This is something a court can decide, and it is therefore reasonable for Mr P to pursue legal action at this time. We understand that the loss of his mother and the events of his complaint greatly affected Mr Smith and his brother.