Royal National Orthopaedic Hospital NHS Trust

4. Mr R complains about the treatment he received from the Trust, specifically a surgical procedure he had on his foot in November 2021.

5. He complains the Trust did not complete the surgical procedure correctly and it did not address all his concerns in the final response letter to his complaint, which prolonged the complaints process.

6. He says because of these failings, he: • struggles to walk • constantly experiences pain in his foot • is unable to walk without footwear, both indoors and outdoors • has massively affected mobility • feels he is unable to live a normal life.

7. He also says it has impacted his mental and physical health because he cannot stand the sight of his foot and he is less mobile. He has considered getting a walking aid to help him as his ability to walk is restricted.

8. Mr R would like financial compensation.

9. Mr R had an operation in November 2021. He spoke to the Trust in March 2022 and told it about his concerns with his foot following the operation.

10. Mr R was advised to allow more time for his foot to heal before making a complaint, due to his foot being swollen.

11. Mr R waited a month, but nothing improved, so he made a formal complaint to the Trust in April 2022.

12. The Trust gave its final response to Mr R in May 2022, but he says it did not address all his concerns.

13. Mr R complained to us in June 2022. We contacted the Trust to ask it to respond to his outstanding concerns.

14. The Trust gave its final response in September 2022 and Mr R brought his complaint back to us in September 2022.

16. The Health Service Commissioners Act 1993, which governs how we do our work, 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.

17. We have discussed this with Mr R, to understand his circumstances and the outcome he wants. We do not consider whether legal action would succeed, but whether it would be a reasonable option to look into.

18. A route to take legal action exists when there is both a proper legal cause of action and the solution the complainant wants is achievable through that action (i.e. the court can consider the matter and has the power to give the outcome wanted). According to Citizens Advice, an individual may pursue a clinical negligence claim where ‘you’ve been injured as a result of medically negligent treatment.’

19. We understand Mr R feels failings by the Trust has affected his ability to live a normal life. He wants a substantial amount of financial compensation for the overall impact it has had on him. This is something that could be dealt with as part of a clinical negligence claim.

20. Mr R says the only barrier is not knowing where to start with legal action. We have given him information on the telephone and in writing about who can provide him with free legal advice.

21. Having considered the evidence Mr R gave us, we have decided legal action would be better suited to what he wants to achieve at this time.

22. The courts can independently review the complaint and decide whether there has been clinical negligence, and make a financial reward if they feel it is correct to do so. We hope this information helps Mr R to progress his complaint and achieve the outcome he wants.

1. The Parliamentary and Health Service Ombudsman has carefully considered Mr R’s complaint about the care and treatment he received from Royal National Orthopaedic Hospital NHS Trust (the Trust). We are very sorry to hear about the ongoing impact this has had on Mr R.

2. We have looked at what Mr R has told us and, based on the outcome he wants, we consider this would be better suited to the legal process and court action. The courts would be better placed to achieve the outcome he wants.

3. We have decided not to take further action on Mr R’s complaint at this time as he can potentially take court action. We hope our advice helps him to achieve what he wants.