SPSO (Scottish Public Services Ombudsman) decision

Lanarkshire NHS Board

Decided 1 August 2021 Reference 201911909 Outcome: Not Upheld Sector: Health Category: Clinical treatment / diagnosis Body on this site: NHS Lanarkshire

Themes assigned by this site (AI-generated): Clinical negligence harms learning

Full decision

Decision (the SPSO's words)

Summary

C complained on behalf of B in relation to B's child (A). A was taken to A&E at Wishaw General Hospital and was diagnosed with a broken arm. Staff at the hospital did not consider that the explanation given by A's parents of how the injury happened fit with the injury found. Emergency department staff referred the case to a consultant paediatrician (doctor dealing with the medical care of infants, children and young people) for a forensic medical examination. It was determined that the type of injury sustained by A was highly indicative of a non-accidental injury (NAI). The board followed their child protection procedures, reporting the incident to the appropriate health and social care partnership and provided a forensic medical examination report as part of the child protection investigation. C complained that the diagnosis of NAI was unreasonable.

We took independent advice from a medical adviser. We found that the board's assessment and management of A was in keeping with local and national guidance, and that the diagnosis of NAI was reasonable. Therefore, we did not uphold the complaint.

Related reading

View Decision Report 201911909 as a PDF (24.26 KB) Updated: August 18, 2021

From: SPSO (Scottish Public Services Ombudsman), decision 201911909, 1 August 2021