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Chelsea and Westminster Hospital NHS Foundation Trust

P-001304 · Statement · Decision date: 16 December 2021 · View Chelsea and Westminster Hospital NHS Foundation Trust scorecard
Complaint (AI summary)
Ms U complained about her post-hip replacement care, alleging delayed communication about leg length difference, unaddressed concerns, and staff anger, leading to distress and PTSD.
Outcome (AI summary)
The ombudsman closed the case, as it had been previously assessed with no indication of failings, and new information did not change the original decision.

Full decision details

The Complaint

4. Ms U complains about her care and treatment the Trust gave her from 20 July to 9 August 2018, after her total left hip replacement.

5. Ms U says that: · a doctor did not speak to her about the difference in leg length after the surgery, until two and a half days had passed · after the surgery, the ward sister did nothing to address her concerns about the difference in leg length · when she queried the outcome with the doctors and therapists, they were angry with her.

6. Ms U says as a result she: · was left distressed and upset over the weekend after her surgery · felt bullied · developed Post Traumatic Stress Disorder (PTSD)

7. Ms U wants: · the Trust to apologise · service changes to avoid patients developing PTSD · service changes to provide greater access to consultants over the weekend · the Trust to be clear to patients about consultant access at weekends, and amend website accordingly · the Trust to provide training to the therapies team.

Background

8. Ms U had hip surgery on 20 July 2018.

9. She complained about the surgery to the Trust in July 2018. Local resolution was ongoing until 18 December 2018. During this time, Ms U also brought her complaint to us but it was not ready for us to look at.

10. Once she had received a final response from the Trust, she complained to us and we assessed her complaint in July 2020. We looked at the same complaint Ms U has brought to us now and found no evidence anything had gone wrong.

11. In May 2020 Ms U was diagnosed with PTSD, caused by her hip replacement surgery. She started cognitive behavioural therapy in June and was discharged in November.

12. Ms U sent a further complaint to the Trust. It raised the same concerns as her earlier complaint but contained the additional information that she had since been diagnosed with PTSD.

13. On 22 July 2020, the Trust emailed Ms U to confirm again that: · it would not investigate her complaint further · she should take her complaint to the Parliamentary and Health Service Ombudsman if she remained dissatisfied.

14. In January 2021, Ms U complained to us.

Findings

16. Ms U’s current complaint is essentially the same as her earlier 20 December 2019 complaint to us.

17. She has not provided any new information about what happened at the time of her surgery which would warrant us reviewing that earlier decision. She has told us about her subsequent diagnosis of PTSD, which she received in May 2020.

18. We fully acknowledge that Ms U has experienced considerable mental distress and we are very sorry that she had such a difficult and traumatic experience.

19. However, we cannot look further at her complaint. This is because we cannot look at any impact if we have not found that anything went wrong. In this case, Ms U’s additional evidence, from her diagnosis of PTSD, would not make any difference to our first decision.

20. We are pleased to see that Ms U was discharged from therapy in November 2020 and hope that she remains well.

Our Decision

1. We have carefully considered Ms U’s complaint about Chelsea and Westminster Hospital NHS Foundation Trust (the Trust). We have decided that we cannot look at her complaint because we have already previously assessed it and found no indications of failing.

2. We understand that Ms U has come back to us because she has identified further injustices resulting from her complaint. We see she wanted us to look again at her concerns, in light of her recent diagnosis. However, because we found no indications of failings when we previously considered her complaint, this new information would not change our original decision.

3. We are sorry that her surgery caused her such distress and that she subsequently experienced such a deterioration in her mental health.

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