Source · PHSO decision

East Lancashire Hospitals NHS Trust

Ref: P-002319 Statement Decision date: 30 November 2023 Jurisdiction: NHS in England Closed After Initial Enquiries

Mrs C complained about the Trust's care and treatment of her husband. She alleged that failings in care and treatment ultimately led to his death.

Outcome

AI summary
The ombudsman closed the case without further investigation, as Mrs C intended to pursue legal action to achieve her desired outcome.

The complaint

3. Mrs C complains about the Trust’s care and treatment of her husband before he sadly died. She says her husband died because of the failings in their care and treatment.

Findings

4. The Health Service Commissioners Act 1993 (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 do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

5. For this reason and because of the decision Mrs C has made, we are not continuing with our investigation.. We thank Mrs C for bringing her complaint to us and we recognise how difficult her experience has been.

Our decision

1. We have carefully considered Mrs C’s complaint about North West Ambulance Service NHS Trust and East Lancashire Hospitals NHS Trust. We extend our sincere condolences for the loss of her husband. Mrs C has told us she has decided to take legal action on her complaint to get the outcome she wants.

2. We understand the impact Mrs C’s experience has had on her and her family. We think it is reasonable for her to continue looking into her legal options and for this reason, we have decided not to consider the complaint further.

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Decision details

Reference
P-002319
Decision type
Statement
Jurisdiction
NHS in England
Decision date
30 November 2023
Outcome
Closed After Initial Enquiries
Responsible body
East Lancashire Hospitals NHS Trust

Complaint summary

AI
Summary
Mrs C complained about the Trust's care and treatment of her husband. She alleged that failings in care and treatment ultimately led to his death.

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Data from PHSO under Open Government Licence.