Barts Health NHS Trust

3. Mrs K complains about the care and treatment she received from the Trust on 17 March 2021. She says the staff at the Trust:

· did not take into account the fact she was a high-risk patient, and sent her to the wrong ward and home · did not provide her with pain relief and incorrectly administered a drip · left her unattended in a room unsuitable for delivery when her labour was advanced · moved her during the birth, causing her to give birth in a corridor · did not provide sufficient prenatal care during her labour, meaning she suffered a second degree tear during delivery.

4. Mrs K says, as a result of being sent to the wrong ward, and being sent home, she felt as though the Trust was ignoring her concerns and was not caring for her needs. This was concerning, during an already difficult time.

5. She says she went through the labour and birth without any support or help and was in significant pain. She describes giving birth in a corridor as undignified and distressing. She also says, due to the lack of observation and input from the staff prior to her delivery, she suffered a second degree vaginal tear, which could have been prevented. A second degree tear goes as deep as the skin and muscle.

6. Mrs K seeks compensation from the Trust in recognition of the pain and suffering she has endured.

7. Our organisation can consider complaints about organisations working on behalf of the NHS and whether organisations are responsible for failings. However, the law says we cannot investigate a complaint if there is a legal remedy available and it is reasonable for someone to pursue it. As it stands, we see no reason why Mrs K cannot explore legal action and we consider this would be a suitable action for her to take.

8. The claimed failings Mrs K raised are regarding the actions of the Trust during her labour and birth of her child, which resulted in her sustaining an injury. This falls under the scope of clinical negligence (clinical mistake). Clinical negligence is a subject matter that complainants can take to court.

9. Mrs K is seeking financial compensation as the outcome of her complaint. Upon consideration of Mrs K’s complaint, and the impact it has had on her, it is likely that the amount she seeks may be beyond the amount we may be able to recommend if we upheld her complaint. However, a solicitor could possibly achieve this outcome if they decide to take on his case. Therefore, we believe that this is the best option for Mrs K.

10. Mrs K also complains about the Trust’s actions before the birth of her daughter. It is likely that some of these concerns would be addressed through Mrs K pursuing legal action.

11. In summary, an alternative legal remedy is available to Mrs K, regarding her complaint about the Trust, and this is something she should explore. Therefore, we will not be taking any further action on her complaint at this time.

1. We have carefully considered Mrs K’s complaint about Barts Health NHS Trust (the Trust) and we consider Mrs K could take legal action on the matter she has brought to us.

2. We were sorry to hear about Mrs K’s concerns, and the distress she experienced when attending the Trust during the labour and birth of her child. We have considered the complaint in detail and are content that there is an alternative legal remedy, in the form of pursing a claim, available to Mrs K. We believe that this is the best action for Mrs K in the circumstances, and that she should explore this option further.