Source · SPSO (Scottish Public Services Ombudsman)

Lothian NHS Board - Acute Division

SPSO (Scottish Public Services Ombudsman) Upheld Reference 201608034 Sector Health Category clinical treatment / diagnosis Decided 01 September 2017

View NHS Lothian scorecard

Full decision

Summary

Mrs C complained on behalf of her late husband (Mr A) who was being treated for a brain tumour at Dumfries and Galloway Royal Infirmary. Mrs C enquired with the board about the methylated status of Mr A's brain tumour as she had learned that it was useful to know this in deciding whether to accept chemotherapy. (Methylation is a chemical change which alters the MGMT gene, making treatment more effective.) The board told Mrs C that this information was not available at the time she enquired. Mrs C complained that the board failed to perform a test to confirm the methylated status of Mr A's brain tumour. She also complained that the board failed to respond to her queries within a reasonable timescale. The board responded and advised that the test was not available in the board area at the time.

In investigating Mrs C's complaint, the board carried out the test and it was found that the tumour was unmethylated. The board also confirmed that the methylation test is now carried out in all grade 3 and 4 gliomas (malignant tumours of the glial tissue of the nervous system) in the board area. We took independent advice from a consultant neurosurgeon. The adviser noted that knowing the methylation status of the tumour would have some bearing on the likelihood of the chemotherapy being effective. Our investigation found that even though the test was not routinely carried out by the board at the time Mr A was receiving treatment, the test could have been requested from another department. We also found the board failed to deal with Mrs C's complaints within the required timescale and they failed to advise her of their need to extend their response time. We upheld both of Mrs C's complaints and recommended that the board provide Mrs C with a written apology.

Recommendations

What we asked the organisation to do in this case: The board should provide Mrs C with a written apology, acknowledging that they failed to perform the test and failed to respond to her queries within a reasonable timescale.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

Related reading

View Decision Report 201608034 as a PDF (12.54 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving Lothian NHS Board - Acute Division

Reference Date Summary Outcome
202301188 01 Dec 2024 C complained that Lothian NHS Board (Board 1) unreasonably failed to maintain records of specialist advice they provided to another … Partly Upheld
202301420 01 Nov 2024 C complained that the board failed to provide them with appropriate orthopaedic (specialists in the treatment of diseases and injuries … Not Upheld
202208872 01 Nov 2024 C complained about the care and treatment that their late parent (A) received while in hospital. A suffered a fall … Upheld
202303330 01 Sep 2024 C complained about the care and treatment that they received from the board. C underwent a left total hip replacement … Upheld
202208467 01 Sep 2024 C complained about the nursing care and treatment provided to their late parent (A). A had a fall during an … Upheld
View all decisions for this organisation