East Sussex Healthcare NHS Trust

3. Miss A complains that clinicians failed to act on her mother’s high risk of falls in December 2022. She says her mother had two serious accidents and sustained significant injuries. Miss A also believes documentation was falsified.

4. Miss A says the Trust has accepted liability for what happened. However, she believes it should pay ‘substantial compensation’ because of the trauma these events have caused.

6. 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 do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

7. On the complaint form to us Mr R said Miss A seeks a significant financial remedy. We would expect someone seeking a large compensation payment to seek legal advice. While we can make recommendations for a financial remedy, the amounts we recommend are typically much smaller than would be the case with a successful legal claim.

8. In our conversation with Mr R he told us the family was satisfied with the action the Trust has already taken in response to the complaint. He said they wanted to know ‘why’ the failings happened. He was unclear about what Miss A was seeking and said he would discuss this matter with her. Mr R has not provided any clarification to us.

9. We explained to Mr R that our investigation is unlikely to be able to establish why individuals acted in a certain way. We could consider whether the clinicians caring for Mrs N followed the relevant standards or guidelines, but if they did not follow them it would be difficult for us to establish why. Miss A and Mr R have not been able to tell us the outcome they would be satisfied with, other than a financial payment.

10. Based on the information we have the only outcome that Miss A and her family have confirmed they are seeking is a payment of substantial compensation.

11. We can see how upsetting these events have been for Miss A and her family. We are unable to start a detailed investigation of her complaint because she has (or had) an option to take legal action that is (or was) reasonable for her to pursue.

1. We have carefully considered Miss A’s complaint about the Trust. Miss A complains about aspects of the care and treatment clinicians at Conquest Hospital (the Hospital - part of the Trust) gave to her mother Mrs N. She believes failings led to her mother’s death. We can see how devastating these events have been for Miss A and her family. We offer our sincere condolences to them for their loss.

2. We consider Miss A could take legal action on the matter she has brought to us. This means we have decided not to start a detailed investigation of her complaint. We recognise this will be disappointing for Miss A.