Source · SPSO (Scottish Public Services Ombudsman)

Lothian NHS Board

SPSO (Scottish Public Services Ombudsman) Partly Upheld Reference 201001270 Sector Health Category Clinical treatment / Diagnosis Decided 01 August 2011

View NHS Lothian scorecard

Full decision

Summary

Mr C was admitted to the Western General Hospital for an operation to remove a testicular cyst and to undergo a vasectomy. Five months later, he was referred to another consultant and was told that during the operation the original planned surgery had not taken place. They said that the cyst had not been removed but instead he had had a hydrocele repair and vasectomy. (A hydrocele is an abnormal collection of fluid in a sac-like space such as the testicles.) Mr C complained that he was told nothing about the hydrocele problem and that he had to have a further operation to remove the cyst. Our investigation concluded that although Mr C's treatment was appropriate, the reasons for providing the alternative treatment were not adequately documented. Because of this we upheld his complaint about treatment. We also found that the board's handling of Mr C's complaint was inadequate. We did not uphold his complaint that the hydrocele procedure was performed without informed consent as the consent given included authorisation of any justified procedure found to be necessary during surgery. Our medical adviser confirmed that the procedure was justified.

Recommendations

We recommend that Lothian NHS Board: • share the decision letter with the consultant and remind him of his responsibilities to maintain a standard of record-keeping which is in line with General Medical Council guidance; • remind staff about the need to adhere to the timescales as set out in the NHS Complaints Procedure and to provide relevant updates; and • apologise to Mr C for the failings identified in our decision letter.

Related reading

View Decision Report 201001270 as a PDF (19.09 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving Lothian NHS Board

Reference Date Summary Outcome
202404449 01 Jan 2026 C complained about the care that their adult child (A) received from the prison healthcare team and particularly a failure … Upheld
202304800 01 Mar 2025 C complained that the board failed to provide reasonable personal care and treatment to their sibling (A). A was admitted … Upheld
202304367 01 Dec 2024 C complained on behalf of their spouse (A) about the standard of care and treatment received in the months before … Partly Upheld
202005296 01 May 2022 C complained that there had been an unreasonable delay in their late parent (A) receiving a prescription of antibiotics following … Upheld
202002582 01 Jan 2021 C complained about the clinical care provided to their child (A) by the board, specifically, that a Chiari malformation (where … Not Upheld
View all decisions for this organisation