Source · PHSO decision

University Hospitals Birmingham NHS Foundation Trust

Ref: P-005065 Statement Decision date: 19 March 2026 Jurisdiction: NHS in England Closed After Initial Enquiries

Mr B complained about the care his wife received from the Trust following a liver biopsy, stating that complications arose and she was not monitored appropriately.

Surgery

Outcome

AI summary
The ombudsman closed the case because Mr B is pursuing legal action.

The complaint

2. Mr B complains about the care and treatment University Hospitals Birmingham NHS Foundation Trust (the Trust) provided to his wife, Mrs B, following a liver biopsy in May 2024. Specifically, he has concerns complications arose post procedure and Mrs B was not monitored appropriately.

3. Mr B explains his wife deteriorated and died. This has impacted him and his family hugely.

4. Mr B is seeking a financial remedy and service improvements.

Findings

7. 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.

8. We have discussed this with Mr B to understand his circumstances. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

9. Mr B is currently in the process of taking legal action. We are mindful Mr B is seeking a mix of outcomes. As he is seeking a financial remedy, we think legal action is the best option to explore this in the first instance.

10. As Mr B currently has a solicitor, we think this is a reasonable option to pursue at this time. We hope the process is helpful in resolving Mr B’s concerns and achieves the outcomes he is seeking.

11. We hope we have clearly explained our decision not to consider the complaint further at this time.

Our decision

1. We have carefully considered Mr B’s complaint about the Trust. We were sorry to learn of the reasons for Mr B’s complaint and would like to offer our condolences. Mr B has explained he is currently pursuing legal action so we cannot consider the complaint further at this time. We will explain the reasons for this below.

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Decision details

Reference
P-005065
Decision type
Statement
Jurisdiction
NHS in England
Decision date
19 March 2026
Outcome
Closed After Initial Enquiries
Responsible body
University Hospitals Birmingham NHS Foundation Trust

Complaint summary

AI
Summary
Mr B complained about the care his wife received from the Trust following a liver biopsy, stating that complications arose and she was not monitored appropriately.

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Data from PHSO under Open Government Licence.