Source · SPSO (Scottish Public Services Ombudsman)

Lothian NHS Board

SPSO (Scottish Public Services Ombudsman) Upheld Reference 201305409 Sector Health Category clinical treatment / diagnosis Decided 01 May 2015

View NHS Lothian scorecard

Full decision

Summary

Miss C complained that the care and treatment she received for her hand after a cycling injury were unreasonable. She raised a number of issues, including that the consultant orthopaedic surgeon, who she saw nearly four weeks after her injury, failed to operate and refer her to physiotherapy at that time. Miss C also complained that the physiotherapy she received after the board did decide to operate, two and a half months after her injury, was unreasonable. She said the physiotherapist only checked her progress and explained what exercises she should do.

We obtained independent advice on this case from two of our medical advisers, a consultant trauma and orthopaedic surgeon (adviser 1) and a consultant physiotherapist (adviser 2). Adviser 1 explained there were different ways to treat hand fractures and that professional opinions on how best to do this could vary. He said that the extent of Miss C's injury was such that, on balance, surgery should have been considered when she initially presented with her injury. Because of this, we upheld the complaint and were critical of the board. However, adviser 1 said that by the time Miss C saw the consultant, the advantages of early surgery had been lost and it was then not unreasonable to see if conservative treatment was successful. Although early surgery would have shortened the time from injury to recovery for Miss C, it was unlikely to have affected the final result. Adviser 1 also explained that a referral to physiotherapy nearly four weeks after injury would not have achieved anything, and had no adverse impact in Miss C's case. Adviser 2 noted that when Miss C did receive physiotherapy treatment, she had good assessment, a comprehensive exercise programme, sensible advice on self-management between treatments and regular reviews on progress.

Recommendations

We recommended that the board: feed back our decision on this complaint to the staff involved; and provide Miss C with a written apology for the failings identified.

Related reading

View Decision Report 201305409 as a PDF (12.97 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