Source · SPSO (Scottish Public Services Ombudsman)

Western Isles NHS Board

SPSO (Scottish Public Services Ombudsman) Partly Upheld Reference 202300806 Sector Health Category Clinical treatment / diagnosis Decided 01 April 2025

View NHS Western Isles scorecard

Full decision

Summary

C complained about the standard of surgery and post-operative care that they received when they had an elective operation for a long standing hernia (when part of an organ protrudes through your muscle wall). During the procedure the bowel was punctured resulting in an injury and transfer to another hospital.

C said that the small hernia was manageable without an operation, and complained that they had not been told about all the risks and about inadequate care post-surgery.

We took independent advice from a consultant general and colorectal surgeon. We found that it was reasonable to offer C an elective repair of the hernia and for this operation be to done by the consultant surgeon. However, more regard should have been given to whether C was at an increased risk due to their BMI. We found that the board failed to provide informed consent at an appropriate time which meant that the risks of surgery were not effectively communicated to C. We also found that the consent process for C did not meet published guidelines. Therefore we upheld this complaint.

We found that post surgery, recognition and escalation to start Patient Controlled Analgesia was appropriate, and that C responded well to this pain relief. The timing of the CT scan was reasonable. Following escalation to clinical care specialists and treatment, C was transferred for further care which was also reasonable. We therefore did not uphold this complaint.

We provided feedback that consideration should be given to the preoperative risk assessment being carried out at consultant level and that referral to specialist weight management is available for patients who require incisional hernia repairs electively.

Recommendations

What we said should change to put things right in future: Relevant staff should be aware of the required consent procedure and to ensure that the consent discussions are appropriately timed in advance of surgery and documented.

When a relevant adverse event occurs, the board should promptly carry out an SAER to investigate the cause and identify any potential learning.

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 202300806 as a PDF (26.54 KB) Updated: April 30, 2025

View original on SPSO (Scottish Publ… website

Other decisions involving Western Isles NHS Board

Reference Date Summary Outcome
202106315 01 Jul 2024 C, an advocacy worker, complained on behalf of the family of A, about a failure to appropriately investigate A’s symptoms, … Upheld
202209846 01 Apr 2024 C complained about the care and treatment that they received from the community mental health team, after C was referred … Upheld
202103246 01 Nov 2023 C complained about the board's decision not to fund the travel and accommodation costs they and their spouse had incurred … Upheld
202104143 01 Jul 2023 C engaged with the board’s mental health services and believed that they had received a diagnosis of Borderline Personality Disorder … Not Upheld
201904226 01 Jul 2021 C's child (A) was born with a rare congenital condition where the urethra does not develop properly and underwent reconstructive … Upheld
View all decisions for this organisation