NHS in England Upheld Search on PHSO website

East Suffolk and North Essex NHS Foundation Trust

P-001276 · Report · Decision date: 24 January 2022 · View East Suffolk and North Essex NHS Foundation Trust scorecard
Complaint (AI summary)
Mrs T complained the A&E department failed to refer her for an X-ray or provide appropriate treatment after a fall. This led to a delayed jaw fracture diagnosis, prolonged pain, and potential permanent issues.
Outcome (AI summary)
The complaint was upheld. Failings in assessment, investigation, and advice led to a delayed jaw fracture diagnosis, prolonged pain, and missed opportunity for correct healing for Mrs T.

Full decision details

The Complaint

6. Mrs T complains about the care and treatment she received from the A&E department at the Trust, when she attended with her husband after a fall on 2 November 2019. She specifically complains that:

· the ANP did not refer her for an X-ray, or further follow up examination · the ANP did not provide appropriate treatment and care following her fall, considering the head injury and her clinical background

7. In February 2020, Mrs T attended a dentist appointment and had an X-ray. The X-ray revealed a jaw fracture.

8. Mrs T believes that the examination on 2 November 2019 resulted in a delay in the fracture diagnosis, prolonged pain, and ‘missing a window’ for the fracture to heal correctly. Mrs T says she struggles with daily activities like eating or talking. She says she would require a major surgery to rectify the damage. She says a maxillofacial surgery consultant advised her against the surgery due to its invasive nature and her age. She says she fears this will be a life-long problem. Mrs T says she was let down by the level of service provided.

9. Mrs T wants service improvements.

Background

This is a summary of events to put the complaint in context. We have not included all the detail here, as those involved are already aware.

10. Mrs T is over 70 years old, with a medical history of bone marrow problems. In late 2019, she was, and still is, receiving chemotherapy.

11. On 2 November 2019, Mrs T had a fall. She fell, blacked out, and could not remember what happened. She lost some teeth, and her chin was bleeding.

12. She attended A&E shortly afterwards. She was examined and treated by an ANP. Mr N, Mrs T’s husband, advised the nurse about Mrs T’s medical condition. The nurse cleaned Mrs T’s chin wound and stitched it up. They recommended Mrs T sees a dentist. The nurse discharged Mrs T from A&E on the same day.

13. Two weeks later, Mrs T attended a dentist appointment, however, she could not have an X-ray as the machine was in repair. Mrs T decided to wait for the machine to be repaired for the X-ray as she thought that any issues would have been recognised in the A&E department.

14. In February 2020, Mrs T attended a dentist appointment and had an X-ray which showed jaw fracture. The dentist referred her to a hospital.

15. In March 2020, Mrs T had a first appointment in the maxillofacial surgery department to treat the fracture.

Findings

Assessment at A&E on 2 November 2019

20. Mrs T says that, following a fall on 2 November 2019, the ANP did not refer her for an X-ray or follow up examination after the assessment at A&E. She also says the ANP did not provide appropriate treatment and care following her fall, considering Mrs T’s head injury and clinical background.

21. In the response dated 29 April 2020, the Trust apologised for the disappointment with the service, however, it says the ANP assessed and treated Mrs T appropriately.

22. The RCN defines advanced level nursing practice as including the following:

· receiving patients with undifferentiated and undiagnosed problem and making an assessment of their health care needs, based on highly developed nursing knowledge and skills, including skills such as history taking, advanced assessment, physical examination, referral and treatment, including prescribing independently, and discharge · ordering necessary investigations, and providing treatment and care both individually, as part of a team, and through referral to other agencies · working collaboratively with other health care professionals and disciplines · referring to other health care professionals for ongoing management or identified care needs

23. The NICE guidance for ‘Preventing falls in older people’ states in cases where a patient is over the age of 65 and has experienced a fall, they ‘should be offered a multifactorial falls risk assessment’.

24. This assessment should be performed by ‘a healthcare professional with appropriate skills and experience, normally in the setting of a specialist falls service... [as a] part of an individualised, multifactorial intervention’.

25. This may include the identification of falls history and the assessment of the following:

· gait, balance and mobility, and muscle weakness · osteoporosis risk · older person's perceived functional ability and fear relating to falling · visual impairment · cognitive impairment and neurological examination · urinary incontinence · home hazards · cardiovascular examination and medication review

26. The NMC guidance states a nurse must:

· ‘make sure that any information or advice given is evidence-based including information relating to using any health and care products or services’ (paragraph 6.1) · ‘respect the skills, expertise and contributions of their colleagues, referring matters to them when appropriate’ (paragraph 8.1) · ‘share information to identify and reduce risk’ (paragraph 8.6) · ‘keep clear and accurate records relevant to their practice’ (paragraph 10) · ‘make a timely referral to another practitioner when any action, care of treatment is required’ (paragraph 13.2)

27. Finally, the NICE guidance for ‘Patient experience in adult NHS services’ explains what steps a clinician should take to provide care and treatment which is tailored to the patient’s individual needs.

28. It says the clinician should ‘give the patient information about relevant treatment options and services that they are entitled to, even if these are not provided locally’.

29. The records show that when Mrs T attended A&E, she was assessed by an ANP. They documented she had ‘tripped and not lost consciousness’ and had the following symptoms:

· laceration to the chin which has continued to bleed · no bony tenderness to the face (mandible and maxilla) · no complaints of headaches or dizziness · some bruising on the inside of the cheeks but no cuts seen · superficial cut to the knee, fully mobile · no loss of consciousness

30. NICE guidance for ‘Preventing falls in older people’ refers to a specific assessment based on Mrs T’s age and her fall.

31. There is no evidence in the records to show the ANP conducted or referred Mrs T for a full falls risk assessment as per this guideline.

32. There is no information on whether this was Mrs T’s first fall. We can also see the records are unclear about the cause of the fall. The records show the ANP recorded that Mrs T experienced ‘no loss of consciousness’, but they have not explicitly explored what caused her to trip or documented this in the records. This is also a different version of events to Mrs T, who told us she ‘blacked out’ and lost consciousness during the fall.

33. We consider the ANP did not correctly carry out or refer Mrs T for a full falls risk assessment in line with NICE guidance. Instead, it appears the assessment solely focused on treating the visible injuries to her chin, mouth, and teeth.

34. The NMC guidance also says a nurse must ensure ‘any information or advice given is evidence-based’.

35. The RCN says advanced nursing practice involves making an assessment of the patient’s health care needs including a patient’s clinical history and symptoms.

36. We can see no evidence the ANP took these guidelines into consideration when assessing Mrs T. Specifically, the ANP did not record that Mrs T was actively receiving chemotherapy, had a hospital card, or a history of bone marrow problems. The ANP did not record whether Mrs T was experiencing pain, or the severity of her pain levels.

37. The NICE guideline for ‘Patient experience in adult NHS services’ refers to the advice a clinician should provide regarding services and treatment available to a patient.

38. The NMC guidance says a nurse must ‘keep clear and accurate records’. Our nursing adviser explained the follow up advice usually would be noted in the records.

39. The records do not show the ANP provided any worsening care advice or clearly explained what symptoms Mrs T should look out for, and when to seek further treatment if her condition deteriorated.

40. The NMC guidance says the nurse must refer matters to colleagues when appropriate and share information to identify and reduce risk.

41. The RCN also recognises the ANPs, as part of their advanced practice, need to ‘work collaboratively with other health care professionals and disciplines’.

42. We asked our nursing adviser if the ANP should have made Mrs T’s GP aware that she had experienced a fall. Our nursing adviser told us the GP should have been made aware to monitor and follow this up. The records do not show this happened.

43. We consider the ANP did not provide appropriate advice before discharge. Instead, the limited advice to ‘see a dentist’ was not in line with the above guidelines. It also prevents the opportunity to rectify and clarify the discrepancies on whether Mrs T blacked out or tripped and fell.

The X-ray and further investigations

44. The NMC guidance says a nurse must ‘make a timely referral to another practitioner’ when required.

45. The RCN recognises that ANPs need to order necessary investigations, treatment and care, or make a referral where appropriate.

46. The clinical records indicate Mrs T presented with significant injuries to her face. This included bruising to the inside of her cheeks, a laceration to her chin with active, heavy bleeding, and she had lost some teeth.

47. In light of the significant injuries to Mrs T’s face during the examination, our nursing adviser said it would appear appropriate and reasonable to refer Mrs T for an X-ray to rule out any further injuries which may not have been identified during the visual assessment. This did not happen.

48. On the balance of probabilities, had the X-ray happened, it is likely Mrs T’s jaw fracture would have been diagnosed in November 2019 rather than February 2020.

49. We consider Mrs T was incorrectly discharged without undergoing further investigations which could have potentially indicated other, non-visual injuries. Instead, the ANP focused on treating injuries which were identified by visual assessment only.

50. We asked our nursing adviser whether the appropriate assessment would have raised any ‘red flags’. Our nursing adviser told us had the assessment been carried out in line with all relevant standards, this would have raised ‘red flags’.

51. Those ‘red flags’, if any, together with the visual injuries, would have led the ANP to make a further referral for diagnostic tests, if appropriate. This would allow the ANP to establish the reason for the fall, and to rule out or diagnose any underlying health conditions or other injuries.

52. We consider there is evidence of failure in the Trust’s actions during Mrs T’s assessment at A&E on 2 November 2019. The failings are as follows:

· the ANP did not correctly carry out or refer Mrs T for a full falls risk assessment in line with NICE guidance for ‘Preventing falls in older people’ · the ANP did not consider Mrs T’s symptoms and medical history in line with the NMC guidance and the RCN standards · the ANP did not arrange appropriate investigations or diagnostic tests in line with the NMC guidance and the RCN standards · the ANP did not provide any worsening care advice or clearly explain what symptoms Mrs T should look out for, and when to seek further treatment if her condition deteriorated, in line with the NICE guidance for ‘Patient experience in adult NHS services’ and the NMC guidance · the ANP did not make Mrs T’s GP aware that she had experienced a fall so they could monitor and follow this up, in line with the NMC guidance and the RCN standard

Impact

53. Mrs T believes that the examination on 2 November 2019 resulted in the delay of a fracture diagnosis, prolonged pain, and ‘missing a window’ for the fracture to heal correctly.

54. Mrs T says she struggles with daily activities, for example eating or talking.

55. She says she would require major surgery to rectify the damage. She says a maxillofacial surgery consultant advised her against the surgery due to its invasive nature and her age. She says she fears this will be a life-long problem.

56. Mrs T says she was let down by the level of service provided.

57. We asked our surgeon adviser whether the fracture could have been caused in November 2019. Our surgeon adviser explained the records indicate the jaw fracture and, on the balance of probabilities, it is more likely to have been caused in November 2019. This is particularly likely in association with the nature of the fall, and the chin laceration.

58. We also asked our surgeon adviser whether the inappropriate assessment caused delay in diagnosis. Our surgeon adviser told us that the lack of investigations, particularly the X-ray, at A&E on 2 November 2019 consequently led to the lack of referral to the maxillofacial surgery service and caused a delay in diagnosis.

59. However, our surgeon adviser said that in Mrs T’s case, a surgery would not be appropriate. It is most likely she would have had conservative treatment, had the diagnosis been made earlier.

60. We asked our surgeon adviser about the impact of the delayed treatment. Our surgeon adviser said that if a fracture of this nature is not treated properly, then the dental bite can be deranged permanently. The sooner the bite is dealt with, the better the outcome would be.

61. Our surgeon adviser also explained that there would be pain from the joint, but once healing had occurred this should improve. Eating would be affected on a long-term basis if the bite is not improved by conservative measures.

62. We recognise the dentist, who Mrs T saw two weeks after attending A&E, was not able to do an X-ray, which also contributed to the delay in diagnosis. We understand the Trust is not a sole contributor to the delay and severity of the impact Mrs T suffers from.

63. At this stage, we deem it reasonable for Mrs T to depend on the assessment from A&E. This is because Mrs T had not received any worsening care advice.

64. The failings also confirm Mrs T was let down by the level of service provided.

65. As an outcome of the complaint, Mrs T would like service improvements.

66. The Trust apologised for the disappointment with the service and the unsatisfactory outcome of its investigation.

67. While it is encouraging to see that the Trust has apologised, it has not acknowledged any failings.

68. We do not believe the apology is enough to remedy the impact Mrs T still experiences due to the Trust’s failings. There are failings which we can link to Mrs T’s claimed impact. As such, we uphold this complaint and make recommendations.

Our Decision

1. We have identified the following failings:

· the Advanced Nurse Practitioner (ANP) did not correctly carry out, or refer on, a full falls risk assessment in line with NICE guidance for ‘Preventing falls in older people’ · the ANP did not consider Mrs T’s symptoms and medical history in line with the NMC guidance and the Royal College of Nursing (RCN) standards · the ANP did not arrange appropriate investigations or diagnostic tests in line with the NMC guidance and the RCN standards · the ANP did not provide any worsening care advice, or clearly explain what symptoms Mrs T should look out for or when to seek further treatment if her condition deteriorated, in line with the NICE guidance for ‘Patient experience in adult NHS services’ and the NMC guidance · the ANP did not make Mrs T’s GP aware that she had experienced a fall so they could monitor and follow this up, in line with the NMC guidance and the RCN standards

2. We consider there is a link between the failings and the impact Mrs T claims. The delay in a jaw fracture diagnosis caused prolonged pain and missed an opportunity for the fracture to heal correctly. Mrs T still experiences issues with eating, and this may be permanent. It is understandable Mrs T feels let down by the level of service provided.

3. The Trust apologised for the disappointment with the service, however, it did not acknowledge that the situation Mrs T found herself in could be due to the Trust’s error. It says the ANP assessed and treated Mrs T appropriately.

4. We consider, were it not for the Trust’s failings, Mrs T may have had a better clinical outcome. We understand that these events have had a detrimental and long-lasting impact on Mrs T and appreciate why she feels let down by the Trust.

5. We recommend the Trust apologises and acknowledges the failings. We also recommend service improvements.

Recommendations

69. In considering our recommendations, we have referred to our ‘Principles for Remedy’. These state that where poor service or maladministration has led to injustice or hardship, the organisation responsible should take steps to put things right.

70. In line with this, the evidence, circumstances of the complaint, and the impact, we recommend the Trust apologises to Mrs T for its failings and acknowledges the impact its failings had on Mrs T.

71. The impact of this is that Mrs T’s diagnosis was delayed, and this caused prolonged pain and a missed opportunity for a better clinical outcome. Mrs T was also let down by the standard of the service.

72. The Trust should action the letter within four weeks of this final report, and it should send a copy of its letter to Mrs T to us.

73. Our principles also say that public organisations should look for continuous improvement and should use the lessons learnt from complaints to make sure they do not repeat maladministration or poor service.

74. In line with this, the Trust should also provide details of the actions it will take to address these failings. It should produce an action plan setting out what it has done or intends to do, who is responsible for the action, when it will be completed by and how it will monitor the changes to ensure an improvement is maintained.

75. The Trust should action these recommendations within three months of this final report and evidence of the actions completed should also be sent to us and Mrs T.

Other Decisions About East Suffolk and North Essex NHS Foundation Trust

P-004918 · 25 Feb 2026
Mr U complains about the care his mother, Mrs U, received from the Trust. His concerns relate to how her …
Closed After Initial Enquiries
P-004899 · 24 Feb 2026
Mrs J complains that East Suffolk and North Essex NHS Foundation Trust did not provide her husband with sufficient end …
Closed After Initial Enquiries
P-004532 · 19 Dec 2025
Mrs M complains about the care and treatment her husband received from in September 2020. She complains the Trust did …
Partly Upheld
P-004401 · 4 Dec 2025
Mrs D says the Trust did not test her husband Mr D for flu when he was admitted to the …
Partly Upheld
P-004399 · 4 Dec 2025
Mr R complains that East Suffolk and North Essex NHS Foundation Trust failed to detect abnormalities on his chest X-ray …
Closed After Initial Enquiries
View all decisions for this organisation →