Source · PHSO decision

The Royal Wolverhampton NHS Trust

Ref: P-001490 Statement Decision date: 31 August 2022 Jurisdiction: NHS in England Closed After Initial Enquiries

Mr N complained the Trust failed to monitor and treat his glaucoma, leading to significant sight loss and an inadequate investigation into his care.

Complaint handlingTreatment Inaccurate and inaccessible patient records

Outcome

AI summary
Closed. The Ombudsman decided Mr N could pursue legal action, as the matter of treatment and investigation is currently subject to legal proceedings.

The complaint

4. Mr N complains about the treatment of his glaucoma by the Trust from 2017 to 2020. He says the Trust:

· did not keep check on the development of his glaucoma

· did not provide appropriate treatment for his deteriorating condition

· did not conduct an adequate investigation

5. Mr N says he has lost the sight in his right eye completely, and partially in his left eye, and he is unable to perform everyday tasks and live a normal life.

6. Mr N wants significant compensation for the almost total loss of his sight. He would also like to see the Trust investigated because he believes several thousands of other patients may be at risk of losing their sight.

Findings

Issue 1 – Treatment, check-ups and investigations

8. 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 Mr N 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 into.

9. Mr N told us he had already engaged a solicitor and was negotiating with the Trust for a possible out of court settlement. Mr N said if the Trust did not offer enough compensation, he will go to court for a resolution.

10. Since Mr N is taking legal action, we cannot investigate his complaint about treatment, check-ups, and the Trust’s investigation of his care and treatment.

11. We understand Mr N’s concern about other patients. However, we only have powers to investigate complaints if they are made to us by the individuals concerned.

12. In summary, we have decided we will not take further action on the complaint. We hope we have explained the thorough consideration we have given to our decision and clearly outlined the reasons for it.

13. We understand the distress the events have caused Mr N and thank him for bringing the concerns to our attention. We will not be taking any further action on his complaint.

Our decision

1. We have carefully considered Mr N’s complaint about The Royal Wolverhampton NHS Trust (the Trust). We consider Mr N could take legal action on the matter he has brought to us.

2. We were sorry to learn that Mr N lost his sight in his right eye, and that it has deteriorated in his left eye. We understand the impact on his everyday life is significant.

3. We cannot comment on Mr N’s treatment, or the Trust’s investigation of his complaint, as this is currently the subject of legal action.

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Decision details

Reference
P-001490
Decision type
Statement
Jurisdiction
NHS in England
Decision date
31 August 2022
Outcome
Closed After Initial Enquiries
Responsible body
Royal Wolverhampton NHS Trust

Complaint summary

AI
Summary
Mr N complained the Trust failed to monitor and treat his glaucoma, leading to significant sight loss and an inadequate investigation into his care.

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Data from PHSO under Open Government Licence.