Source · PHSO decision

Barts Health NHS Trust

Ref: P-002320 Statement Decision date: 1 November 2023 Jurisdiction: NHS in England Closed After Initial Enquiries

Mr L complained the Trust performed his circumcision incorrectly with tight stitching and provided no aftercare, causing pain, lymphedema, and significant functional issues.

Outcome

AI summary
The ombudsman will not investigate the complaint further, as Mr L has informed them he intends to pursue legal action.

The complaint

2. Mr L complains the Trust performed his circumcision incorrectly on 22 May 2023 and the stitching was too tight.

3. He also complains it did not give him any aftercare after surgery.

4. Mr L says because of the poor surgery and lack of aftercare he cannot have sex, masturbate, or urinate properly. He says the tight stitching caused a build-up of fluid and blood which led to a lymphedema (swelling caused by a lack of drainage). He is still in pain and the experience has had a big impact on his mental health. He says he had to pay for a private second opinion.

5. Mr L would like the Trust to:

• accept it did the circumcision wrong and apologise for the issues it left him with • compensate him the £250 he paid for a second opinion • change its procedures so this does not happen again.

Findings

8. The law 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 in the circumstances. We have discussed this with Mr L 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 in to.

9. Mr L told us he would like to explore legal action. He has found a solicitor who has agreed to take on his case and has told us he is happy for us to close his complaint.

10. Mr L says the Trust fell short of the expected standard in his care and treatment during and after his circumcision and this has caused him pain, physical injury, and has significantly affected his life. Mr L could explore this legally by making a clinical negligence claim.

11. A successful claim could mean a court orders the Trust to pay Mr L compensation. Mr L also wants an apology and service improvements. While these are not necessarily outcomes a court is likely to recommend, it is possible he may be able to achieve these as a by-product of legal action.

12. Mr L is aware he is welcome to return to us if he is not able to take legal action or if there are outcomes that a court was not able to look in to. If he does need to return to us, he should do so without delay.

13. We appreciate Mr L taking the time to tell us about his complaint and how it affected him.

Our decision

1. We have carefully considered Mr L’s complaint about Barts Health NHS Trust (the Trust). Mr L has told us he plans to take legal action and has a solicitor. For this reason, we will not continue our investigation. We explain the reason why below.

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Decision details

Reference
P-002320
Decision type
Statement
Jurisdiction
NHS in England
Decision date
1 November 2023
Outcome
Closed After Initial Enquiries
Responsible body
Barts Health NHS Trust

Complaint summary

AI
Summary
Mr L complained the Trust performed his circumcision incorrectly with tight stitching and provided no aftercare, causing pain, lymphedema, and significant functional issues.

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Data from PHSO under Open Government Licence.