Source · PHSO decision

Leeds Teaching Hospitals NHS Trust

Ref: P-003243 Statement Decision date: 13 December 2024 Jurisdiction: NHS in England Closed After Initial Enquiries

Mrs O complained the Trust's care and treatment contributed to her mother's deteriorating condition and ultimately her death.

Treatment Care plan failures

Outcome

AI summary
The ombudsman closed the complaint, as Mrs O had initiated legal action via NHS Resolutions, deeming it a suitable alternative channel.

The complaint

3. Mrs O complains about the care and treatment provided by the Trust to her mother before she sadly died on 5 November 2023. She says the care from the Trust contributed to the deterioration in her mother’s condition and she died as a result of failings in the care and treatment she received.

Findings

4. The law says we cannot investigate a complaint where a person has the option to, or has decided to, take legal action or pursue a claim through the legal channels available to them. We do not consider whether legal action would succeed but whether it would be a reasonable option.

5. We think the decision Mrs O has taken to pursue a claim with NHS Resolutions following the acknowledgement of failings she has already received from the Trust and the outcome of the Coroner’s inquest, is reasonable. For this reason we have decided to take no further action on her complaint. We thank Mrs O for bringing her complaint to us and for discussing it with us. We recognise how difficult this incident has been for her and her family. We hope we have clearly explained the reasons for our decision.

Our decision

1. We have carefully considered Mrs O’s complaint about the Trust. We would like to extend our sincere condolences to Mrs O for the loss of her mother. Mrs O has advised us that since she brought her complaint to us she has issued the Trust with a ‘letter of claim’ which is now being considered by NHS Resolutions.

2. We acknowledge Mrs O’s complaint and the impact this incident had on her and her family. We think it is reasonable for her to pursue her complaint with NHS Resolutions as this is a suitable alternate legal channel available to her which may achieve the outcomes she is seeking. For this reason, we have decided not to consider the complaint further.

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Decision details

Reference
P-003243
Decision type
Statement
Jurisdiction
NHS in England
Decision date
13 December 2024
Outcome
Closed After Initial Enquiries
Responsible body
Leeds Teaching Hospitals NHS Trust

Complaint summary

AI
Summary
Mrs O complained the Trust's care and treatment contributed to her mother's deteriorating condition and ultimately her death.

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Data from PHSO under Open Government Licence.