Isle of Wight NHS Trust

2. Mr E complains about the care and treatment provided to his late mother, Mrs A, at the Trust between 5 December 2019 and 20 January 2020. Mr E raises the following concerns:

• Mrs A was placed in a room on the Coronary Care Unit as it was the only bed available at the time and this is where the appropriate care she was receiving stopped.

• Mrs A’s call bell was continuously out of her reach and when she was able to use it the nurses were slow to attend to her needs. When the family visited, staff were witnessed playing board games and laughing and joking, despite the call bell being on in Mrs A’s room. Mr E says that drinks and meals were also being left outside of Mrs A’s reach.

• Mrs A complained of being in constant pain and wanting a drink and on occasion the nurses were slow to provide her with pain relief and fluids. Her antibiotic drip bag was often left empty.

• On one occasion Mrs A’s whiteboard indicated she was nil by mouth, but when questioned, the nursing staff could not explain why. The nursing staff were also unable to provide explanations about Mrs A’s medication and her food and fluid intake. The family say they were only able to get explanations from the palliative care team, but this was at the end of Mrs A’s life.

• A list of private contact details of close family and friends was left on display in Mrs A’s room, and Mrs A’s medical records had been left open on the corridor of the ward on a number of occasions.

• The head consultant was rude and insensitive on the day Mrs A passed away and he did not acknowledge the family or show any empathy.

• A Do Not Resuscitate order had been completed however this was not discussed with the family at any point, the medical records reference an unknown family member.

3. Mr E says that as a result of these events, Mrs A’s health deteriorated, and sadly, she died on 20 January 2020. Mr E tells us that due to the lack of communication, the family were unable to put arrangements in place for Mrs A to be transferred to Mountbatten Hospice. Mr E says that because of the attitude of the staff and their behaviours, Mrs A said she felt like a burden and was often left without appropriate pain relief which led to unnecessary suffering. Mr E tells us that the family are devastated, frustrated, and angry at the lack of care, support, communication, and help that they and Mrs A received whilst in the care of the Trust. Mr E also tells us he has had to cut his hours at work due to the impact these events have had on his mental health.

4. As an outcome to the complaint, Mr E seeks a financial remedy to put right the impact of these events on Mrs A and the family.

6. The law says we cannot investigate a complaint where a person has (or had) the option to take legal action, unless we consider this is (or was) unreasonable in the circumstances. We have discussed this with Mr E to understand his circumstances and the outcomes he wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

7. Our understanding is that there is a possible legal remedy available to Mr E through pursuing a claim of clinical negligence as he tells us that the standard of care and treatment provided to the late Mrs A led to her death. He also tells us that as a family they are seeking a financial remedy of around £20,000.

8. Mr E told us that the family had an initial conversation with a solicitor to determine what action they should take, and this led to the complaint being raised with the Trust. We understand there have not yet been any further discussions with this solicitor. When we discussed pursuing this route with Mr E, he raised concerns about funding legal action.

9. We understand Mr E’s concerns about concerns about the financial impact of taking legal action and we have considered what options may be available to assist in this regard. There is the option of approaching a no win no fee solicitor, which may result in the case getting taken on, and there are several ways to find such legal support.

10. Mr E could approach Action Against Medical Accidents (AvMA), which is a charity for patient safety and justice. AvMA offer a range of services and it can offer free, independent advice on the options open to individuals. AvMA’s advisers have a mix of medical and legal backgrounds. AvMA also offers self-help guides which provide clear and straightforward explanations of how to make a claim, as well as offering assistance in finding an accredited solicitor for medical negligence claims.

11. Mr E could also approach his local Citizens Advice Bureau where he may be able to obtain free or affordable legal advice. Further to this, he can use the resources provided by the Law Society who have a ‘find a solicitor’ function which can be used to explore local solicitor’s firms.

12. We have also considered the emotional challenges the family may face in pursuing a legal claim. Having considered this, it is important to note that pursuing a legal remedy through the Courts would involve having a dedicated solicitor/legal professional on a case who has a vested interest in winning the case. This may mean that the family feel more supported through this route, rather than through our process, which is impartial.

13. We have not identified any real barriers to Mr E exploring legal options at this time, and there are a range of options available to Mr E which have not yet been explored. Given the outcome sought by the family, we consider it would not be appropriate for us to consider the case further at this time. If we did look at the case, we could be denying the family a more significant and appropriate outcome. We have also considered that the family may wish to explore this option whilst they are within the time limits specified by law for making such claims. For medical negligence claims, this is three years from the event or date of knowledge.

14. In summary, we consider there is an alternative legal remedy available to Mr E which could address the injustice he tells us about and could provide the outcomes he seeks. We recognise Mr E’s concerns about funding legal action, and we have provided a range of organisations he can approach for further advice and guidance. Because of this, we consider it would be reasonable for him to explore and potentially pursue this route first.

15. If Mr E resorts to legal action but not all of the outcomes he seeks could have been provided by the court, we could still consider his complaint. In this instance, the outcomes we could achieve would be limited to those not achievable through the courts (such as improvements to services or on matters like complaint handling if a court is not able to give a view on those). If Mr E does wish to return to us with any outcomes not achievable through the Courts, he should bear in mind our time limit and come back to us as soon as he reasonably can.

1. We have carefully considered Mr E’s complaint about the Trust. We were sorry to learn of Mrs A’s passing and the circumstances which led Mr E and his family to raise their concerns. In considering the evidence we have, we consider Mr E could take legal action on the matters he has brought to us.