A practice in the Coventry area

3. Ms O complains the Trust failed to report results of a chest X-ray in 2011 and did not tell her about issues with her diaphragm until 4 May 2022.

4. Ms O says because of this she was unaware of issues with her diaphragm and continued to run regularly, making the problem worse. Ms O says she was denied the opportunity to access treatment in 2011 and the treatment she had after an accident in August 2021, may have been managed differently. She says because of the delay in having an operation on her diaphragm, her recovery rate and prognosis were lower than they would have been in 2011.

5. Ms O also complains the Practice failed to correctly report on a chest X-ray in April 2022 and did not tell her about the issues with her diaphragm until May.

6. Ms O says the delay in her diagnosis and treatment had a negative impact on her health and she experienced problems with her breathing, sleeping and cannot run anymore. She feels a large part of her life has been taken away which has affected her mental health. Ms O says the mistakes made by both organisations put her health at risk and caused her distress.

7. Ms O would like an apology, service improvements and a financial payment.

9. 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 Ms 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.

10. Ms O says the organisations failure to correctly report on an X-ray of her diaphragm caused her unnecessary distress, pain and had an impact on her work and home life.

11. She could make a clinical negligence claim. In line with the law, we have considered whether it would be reasonable for her to do this given the outcomes she wants.

12. Ms O wants a financial payment, service improvements and an apology. Ms O says a financial payment is important to her for the impact the events had on her. We do not consider financial payments in the same way as a court. We would not want to disadvantage Ms O by investigating her complaint when it seems it is more suited to the legal process.

13. A court would not recommend service improvements or apologies but often these are achieved as a by-product of taking legal action.

14. We asked Ms O if there are any barriers that would make it difficult for her to take legal action. Ms O told us there are no barriers stopping her from exploring legal action. We think Ms O should contact different solicitors and provide them with all the evidence she gave us. This would give the solicitor the best opportunity to fairly review any possible claim.

15. Making a legal claim often involves having a dedicated solicitor/ legal professional who has a special interest in winning the case. That might mean Ms O feels more supported. We are an impartial service and unable to take sides. If there are any outstanding outcomes that cannot be achieved by legal action Ms O can bring the complaint back to us to consider further.

1. We have carefully considered Ms O’s complaint about University Hospitals Coventry and Warwickshire NHS Trust (the Trust) and a GP practice in the Coventry area (the Practice). We think Ms O could take legal action on the matter she has brought to us.

2. We are sorry to hear Ms O’s concerns and understand the events caused her distress, anxiety and delayed her recovery.