A practice in the Melton area

3. Miss O complains about the care and treatment provided by the Practice between November 2023 and April 2024. Specifically, she says the Practice failed to act on abnormal blood test results and missed the opportunity to diagnose non-Hodgkins lymphoma.

4. Miss O says as a result of this negligence she has been diagnosed with stage four non-Hodgkin’s lymphoma. Miss O says had the non-Hodgkins lymphoma been diagnosed sooner she may not have had to undergo such intensive treatment, and her prognosis may have been better.

5. Miss O says she is very unwell and does not know what the future holds. She says she is unable to do carry out everyday tasks due to chronic fatigue and has been unable to return to work due to the chemotherapy and its side effects. Due to the chemotherapy treatment, she has been diagnosed with osteoporosis and has fractured her back three times. She says she cannot leave the house without assistance and does not know when, or if, she will be able to return to work. She says she is struggling financially, and this has taken a toll on her family and relationships.

6. Miss O would like service improvements and financial compensation to cover 11 months of lost earnings and future earnings.

7. Miss O had a brain haemorrhage in September 2023. In October she contracted Covid-19 and was very unwell. She had chronic fatigue, drenching hot sweats, memory loss and headaches. She had blood tests in December 2023 which she says the GP noted were abnormal. She says despite this, the GP assured Miss O there was nothing sinister. Miss O has autoimmune conditions, coeliac disease and hypothyroidism which she says are known to carry a risk of certain cancers. She says her GP was aware of her comorbidities and can’t understand why the abnormalities shown in her blood were not investigated further.

8. Miss O says she contacted the GP on numerous occasions from January 2024 to March 2024 as her condition was deteriorating. She says she was assured by the GP there was nothing to worry about. In March 2024 she had another blood test and was diagnosed with stage four non-Hodgkins lymphoma. Miss O believes the GP put her symptoms down to the brain haemorrhage which had nothing to do with the non-Hodgkins lymphoma.

10. The Health Service Commissioners Act 1993 (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 Miss O to understand her circumstances and the outcome she wants. We do not consider whether legal action would succeed, but whether it would be a reasonable option to look in to.

11. We have carefully considered Miss O’s complaint about the care and treatment she received from Latham House Medical Practice. We have decided it is reasonable for Miss O to pursue an alternative legal remedy.

12. In general terms, clinical negligence takes place when a patient who underwent a treatment becomes injured as a result of that treatment. Failure to carry out appropriate treatment could also amount to negligence.

13. Miss O says the GP failed to act on abnormal blood tests and missed the opportunity to diagnose non-Hodgkins lymphoma.

14. Miss O says as a result of this negligence she has been diagnosed with stage four non-Hodgkin’s lymphoma. Miss O says had she been diagnosed sooner she may not have had to undergo such intensive treatment, and her prognosis may have been better.

15. She says she is unable to do carry out everyday tasks due to chronic fatigue and has been unable to return to work due to the chemotherapy and its side effects. Due to the chemotherapy treatment, she has been diagnosed with osteoporosis and has fractured her back three times. She says she cannot leave the house without assistance and does not know when or if she will be able to return to work. She says she is struggling financially, and this has taken a toll on her family and relationships.

16. Miss O would like service improvements and financial compensation to cover 11 months of lost earnings and future earnings.

17. We consider Miss O could take legal action on the matter she has brought to us given the claimed failing and the impact it had.

18. We discussed any barriers Miss O may have to taking legal action. Miss O told us there are no barriers to exploring her legal options on a ‘no win, no fee basis’. Miss O has the assistance of her family who are able to help navigate the legal process. Miss O has advised she would not be able to afford to take legal action unless it were on a ‘win no fee’ basis.

19. While we could achieve service improvements and financial compensation, we do not look at future financial loss which the courts would be able to consider. Achieving service improvements is not a function of the court, though service improvements may be achieved as a by-product.

20. We have advised Miss O if there are any outstanding concerns that cannot be achieved through the legal claim, or if she finds she is not able to make a legal claim, she can bring the complaint back to us to consider further. We have advised Miss O not to delay in making her claim due to our time limit.

21. We are closing Miss O’s complaint as there is an alternative legal remedy and it is reasonable for her to pursue this.

1. We have carefully considered Miss O’s complaint about a practice in the Melton area (the Practice). We were very sorry to hear about Miss O’s diagnosis and recognise how distressing this experience has been.

2. We consider Miss O could take legal action of the matter she has brought to us.