Source · PHSO decision

Nottingham University Hospitals NHS Trust

Ref: P-001354 Statement Decision date: 14 April 2022 Jurisdiction: NHS in England Closed After Initial Enquiries

Mrs O complained the Trust failed to diagnose or treat her endometriosis from 2005, leading to its spread, years of health problems, and significant financial impact.

Outcome

AI summary
Closed. The ombudsman determined that Mrs O could pursue legal action regarding her complaint.

The complaint

2. Mrs O complains the Trust failed to diagnose or treat her endometriosis when it was identified, as early as October 2005, and failed to inform her of the condition. Mrs O says the endometriosis was allowed to spread and cause health problems until it was removed surgically in June 2019, after she had suffered years of bowel symptoms and surgeries.

3. Mrs O says she has suffered with severe bowel and bladder issues, as well as significant mental health problems, due to her undiagnosed condition. She says her ill health has severely impacted the quality of her life and she has struggled to find work due to her health problems, which could have been avoided. She has incurred a loss of income due to not being able to work.

4. Mrs O would like an explanation of why her endometriosis was not investigated and financial compensation in the region of £50,000.

Findings

6. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider this is unreasonable in the circumstances. We have discussed this with Mrs O 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. At this moment, we consider it would be appropriate for Mrs O to contact a solicitor and initiate a claim in court.

7. During our telephone conversation on 6 April, Mrs O confirmed she will be contacting a legal representative to discuss a medical negligence claim. Mrs O can also contact her local Citizens Advice Bureau or Action Against Medical Accidents (AVMA) to get further advice and support. Mrs O is aware that she can return to us if she is unable to pursue a medical negligence claim to ask us to reconsider the complaint, as long as this is done promptly. We would also need to understand the reasons why a court claim would be unreasonable for her to pursue.

Our decision

1. We have carefully considered Mrs O’s complaint about Nottingham University Hospitals NHS Trust (the Trust). After reviewing the details of the complaint, we consider Mrs O could take legal action on the matter that she has brought to us.

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Decision details

Reference
P-001354
Decision type
Statement
Jurisdiction
NHS in England
Decision date
14 April 2022
Outcome
Closed After Initial Enquiries
Responsible body
Nottingham University Hospitals NHS Trust

Complaint summary

AI
Summary
Mrs O complained the Trust failed to diagnose or treat her endometriosis from 2005, leading to its spread, years of health problems, and significant financial impact.

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Data from PHSO under Open Government Licence.