King's College Hospital NHS Foundation Trust

3. Mr A complains that clinicians delayed his mother’s treatment when they first admitted her to hospital. He says they misdiagnosed her condition. He believes these problems contributed to his mother’s death. He wants the Trust to be held accountable and for it to pay him compensation of at least £40,000.

5. 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 A to understand her 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.

6. In our conversation with Mr A we discussed the outcomes he would be satisfied with if we were to uphold his complaint. He was clear that, while he would appreciate it if the Trust accepted accountability for what happened, the main aim for him was to receive a significant compensation payment. He initially said he wanted £250,000 but later revised to a minimum of £40,000.

7. Mr A told us he has already contacted a solicitor. He provided us with a copy of a letter from a solicitor. This showed that the solicitors had decided not to represent him on a ‘no win no fee’ basis. They advised him to make enquiries with alternative solicitors. They also stressed there is a three-year time limit for making claims for medical negligence.

8. We recognise Mr A says he would not be able to fund his own legal fees. However, it is possible that another solicitor would be prepared to take his case on. We would expect him to make further attempts to find legal representation. If there is a clear reason why he is prevented from taking legal action it is possible we could consider his complaint again. But he would need to contact us without delay because we also have a time limit. We do not normally investigate incidents that happened more than a year ago, unless there is a clear reason why a complainant was unable to contact us.

9. We would not be able to recommend the amount of compensation Mr A is looking for if were to investigate further and uphold his complaint. The only way he could achieve that level of payment would be by making a successful claim for negligence in the courts. We consider it would be reasonable for Mr A to seek further legal advice.

10. We can see how upsetting these events have been for Mr A. We are sorry we cannot help him on this occasion.

1. We have carefully considered Mr A’s complaint about the Trust. Mr A complains about aspects of the care and treatment clinicians at King’s College Hospital gave to his mother between October 2023 and January 2024. He believes failings led to his mother's death. We can see how devastating these events have been for Mr A. We offer him our sincere condolences for his loss.

2. We have decided not to start a detailed investigation because we consider Mr A could take legal action about the matter he brought to us. We recognise this will be disappointing for Mr A.