Royal Surrey NHS Foundation Trust

3. Ms M complaints about the care provided by Surrey and Sussex Healthcare NHS Trust (Trust A) and Royal Surrey NHS Foundation Trust (Trust B) to her partner, Mr N in 2024.

She specifically complains that: • Trust A delayed diagnosing Mr N’s cancer • Trust B delayed performing an operation and carrying out further investigations.

4. Ms M says if both Trusts had not delayed care, Mr N would not have required such drastic surgery, his cancer would not have spread, and he would not be terminally ill. As a result, Mr N is unable to work and will not be around for their three children. Ms M says she has become the sole earner and carer for the family.

5. As an outcome, they are seeking a financial remedy of level six in our severity of injustice scale.

7. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider this is unreasonable in the circumstances.

8. We have discussed this with Ms M 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.

9. In general terms, clinical negligence takes place when a person suffers harm because of mistakes in their care and treatment. Failure to carry out appropriate treatment can also amount to negligence. Clinical negligence can only by established by the courts.

10. Ms M believes both Trust’s actions have led to Mr N’s cancer becoming more advanced and his condition being terminal. As an outcome, she is seeking a financial remedy. As Mr N can no longer work, they are seeking a financial remedy that would assist the family. We understand this has been a very difficult time for them.

11. We explained to Ms M that although we can recommend a financial remedy, is it is generally lower than that offered by the legal route and does not consider losses such as future financial earnings.

12. Ms M explained there is currently a legal firm considering if it will take on their claim, and another that has agreed to assess it. There are no barriers to pursuing this route.

13. We have explained to Ms M that she should continue to proceed with the legal firms to identify if they will take on the claim. This would be the best route for her to obtain the outcome she seeks.

14. If she is unsuccessful in obtaining legal representation after speaking with three firms, she could return to us, and we could consider this as a new complaint. We have explained our time limit still applies and she would need to return to us without delay. She understands this.

15. We thank Ms M for taking the time to discuss her complaint with us.

1. We have carefully considered Ms M’s complaint about Surrey and Sussex Healthcare NHS Trust and Royal Surrey NHS Foundation Trust. We were sorry to hear about Mr N’s diagnosis and the distress her family is facing.

2. We consider Ms M could take legal action on the matter she has brought to us. We have discussed this with her and consider it reasonable for her to pursue her concerns through the legal route.