Maidstone and Tunbridge Wells NHS Trust

4. Miss H complains about aspects of care her father, Mr H, received from Maidstone and Tunbridge Wells NHS Trust between 13 and 28 July 2019. Specifically, she says:

· the Trust delayed physiotherapy for her father.

· the Trust gave her father foods on at least two occasions and oral medication, whilst he was nil by mouth (NBM). She says both she and her brother saw food being given to her father. She also says that they both found empty yoghurt pots at his bedside during their visits and says he could have been fed orally on more occasions.

5. Miss H says these incidents contributed to her father’s death. She says he died unexpectedly with aspiration pneumonia, two weeks after being admitted to the Trust after he slipped off his chair and was unable to get up by himself. She says her father suffered unnecessary pain and distress before he died.

6. She says both she and her brother witnessed the pain and distress her father experienced. She says she needed bereavement counselling, and cognitive behavioural therapy (CBT) for trauma and symptoms of post-traumatic stress disorder (PTSD) after witnessing his death.

7. Miss H is seeking an apology and a financial remedy as an outcome to the complaint.

8. Mr H was admitted to the Trust on 13 July after he slipped from his chair.

9. Mr H sadly died on 28 July.

11. 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 discussed this with Miss H to understand her circumstances and the outcomes she wants.

12. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

13. We have considered that Miss H’s complaint relates to clinical issues regarding the care and treatment her father received from the Trust which she says, contributed to his death.

14. Miss H told us she is seeking £2,000,000 as an outcome to her complaint.

15. We consider it is reasonable for Miss H to seek legal advice to see if the level of financial remedy she is seeking can be sought via a court process. This is because the level of remedy Miss H is seeking is not achievable through our process.

16. Miss H has until July 2022 to seek legal advice and pursue legal action if legal advice confirms she has a claim. We do not want to disadvantage Miss H as she could be out of time to pursue legal action on completion of our process. Miss H has the option to refer the complaint back to us if legal action is not an option for her.

17. As the complaint relates to clinical issues and the treatment provided, combined with Miss H’s requested outcome of a large financial award, it is reasonable to expect her to seek legal advice and/or action. We consider the courts would be better suited in providing Miss H with a financial award that suits her requirements.

18. Miss H has given us no reason as to why she is not taking legal action or why she has not got legal advice prior to coming to us, in respect of the concerns she has raised. We have not identified any reasons that would prevent Miss H from pursuing legal action, nor have we identified any circumstances or reasons why legal action is not suitable in this case.

19. We are satisfied that we can issue our adjudication advising that we consider Miss H’s complaint has an alternative legal remedy (ALR) which is better suited to her request of a large financial award.

1. We carefully considered Miss H’s complaint about Maidstone and Tunbridge Wells NHS Trust (the Trust).

2. We understand the events that caused Miss H to complain are very important to her. We recognise the impact the events had on her father, herself, and her brother. We acknowledge how difficult it has been for Miss H and her brother after the death of their father in July 2019. We offer our sincere condolences for their loss.

3. We consider Miss H could take legal action on the matter she has brought to us given the level of financial remedy she is seeking as an outcome to the complaint. We go onto explain the reasons for our decision.