North Middlesex University Hospital NHS Trust

4. Ms A complains about aspects of the care and treatment her partner received from the Trust in August 2021. Specifically, she says the Trust:

• did not investigate, scan and treat a distended abdomen • incorrectly diagnosed and treated COVID and pneumonia • did not identify and treat sepsis • did not monitor and correctly document his pain scores • gave medication (Lorazepam, from the controlled drugs cupboard) which caused breathing difficulties • members of staff used the signature of a pharmacist to obtain and give the medication from the controlled drugs cupboard • did not keep correct medical records • disclosed information about his death to his separated family • delayed its complaint response

5. Ms A says the lack of treatment and medication given made her partners condition worse and led to his death. This was a great shock to her and her twin sons. Ms A has suffered financial loss, trauma, sleep problems and extreme anxiety.

6. The way the Trust handled her complaint and the incorrect medical records added to her distress, at an already difficult time. She has lost Trust in the NHS because of this.

7. The breach of information led to her partner’s separated family processing his death against his wishes. This has led to further upset and distress.

8. Ms A told us she wants justice, service improvements and a financial remedy.

11. 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.

12. We have discussed this with Ms A 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 into.

13. It is our understanding a legal claim by way of clinical negligence or under the Fatal Accidents Act may be available. This is because Ms A has told us the Trust did not provide her partner with the correct care and this contributed to his death.

14. Ms A seeks justice, service improvements and a financial remedy.

15. During our enquiries with the Trust, we spoke to its legal team. It told us it had received a pre-action letter of claim from solicitors acting on behalf of Ms A. This is in relation to a potential clinical negligence claim on behalf of her late partner, in January 2026.

16. The parties have exchanged information and the Trust formally responded in June 2026. We have also seen evidence the parties have agreed an extension to the time in which a claim can be made.

17. As Ms A has already spoken to a solicitor, we consider there are no barriers to her proceeding with this. Often clinical negligence claims are funded by way of no win no fee agreement which would not incur upfront costs. There does not appear to be any concerns about this type of funding.

18. While we can make recommendations for financial remedies, the amounts we recommend are typically modest when compared with what legal action can sometimes achieve. We do not achieve financial outcomes like the courts do.

19. If we found failings, it is difficult for us to say at this early stage what the impact would be. Because Ms A has already spoken to a solicitor, legal action would be the best route for her to explore achieving the financial compensation she seeks.

20. A legal claim cannot directly set out to achieve service improvements, but it is possible she could achieve these as a by-product of a legal case.

21. Ms A does not have a possible cause of action for the remaining parts of the complaint about record keeping and the complaint handling.

22. These are closely linked to her main concern about her partners care and treatment, and Ms A has been clear that is her main concern.

23. It would not be appropriate for us to look at the remaining part of the complaint in isolation. We would not be able to achieve the outcomes she is seeking from looking at this part of the complaint only.

24. This is because Ms A says her main concern is the care and treatment and this links to her primary impact that her partner’s death was avoidable. It is also possible Ms A may obtain answers through information she will see from the Trust through taking legal action.

25. Having considered all circumstances, we consider it reasonable for Ms A to continue with her legal action.

26. However, if Ms A is not successful or does not achieve everything she wants, she can ask us to consider her complaint again. At that point, we would need to carefully consider the outcome of any legal action, the time elapsed, and what Ms A still hoped to achieve with our intervention.

27. We cannot look at concerns a court has already examined. We can though consider whether there is anything remaining to look at and whether there are any other outcomes we may be able to achieve for her.

28. We thank Ms A for bringing her complaint to us for us to consider. We understand the distress these issues have caused her and recognise the heartbreaking circumstances of her complaint. We would like to again offer our condolences for her loss and hope this decision statement clearly explains our reasoning.

1. We have carefully considered Ms A’s complaint about North Middlesex University Hospital NHS Trust (the Trust).

2. We are sorry to read about the events that led to Ms A’s concerns. We recognise this has been and still is an incredibly difficult and upsetting time for her and her family.

3. We have decided not to look at this complaint further at this stage. Ms A is already taking legal action on the matter she has brought to us. We have explained the reason for our decision within this statement.