A care provider in the Leeds area

3. Mr N complains about the quality of palliative care a care provider in the Leeds area provided to his cousin, Mr O, who was a nonverbal communicator. Mr O had an open wound on his face due to a tumour and Mr N complains that the care provider gave poor wound management, following Mr O’s discharge from hospital in July 2020, and failed to inform the family when Mr O’s wound became infested with maggots.

4. Mr N tells us that the poor wound management provided by the care provider resulted in his cousin suffering with a maggot infestation in his face and mouth. This caused him distress prior to his death on 15 August 2020. It caused the family distress to witness this.

5. As an outcome, Mr N would like an explanation, an acknowledgement of failings, and a financial award.

7. 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. Upon receipt of the files from the care provider, we can see that a solicitor’s firm have made a request for Mr O’s medical records in July 2021, acting on behalf of Mr N. We have emailed and called the family in an attempt to obtain clarification regarding any potential legal action and have been unable to obtain clarification on the matter. As such, we have based our decision on the available evidence.

8. When someone dies due to medical negligence, the right to seek compensation for their injuries and death remain after they have died. This part of the claim is brought on their behalf after their death. The people who benefit under the person’s will, or intestacy if they died without a will, can seek compensation for their pain and suffering leading up to the death, and any other losses they suffered personally as a result of the alleged negligent treatment.

9. From the evidence we have seen, the situation appears to be that although the family have not started legal action, by submitting a pre-action protocol letter, they have expressed an interest and considered a legal route by approaching a solicitor, who have requested the medical records from the care provider in July 2021. As we can’t rule out the eventuality that this case could be considered by the courts, it presents a risk, and it brings into question whether we should consider the complaint. If we investigate and the case goes to court, we would be duplicating the consideration of the complaint. This could potentially bring us into dispute with the courts, if we were then to arrive at a different conclusion.

10. It could also be in Mr N’s interest to pursue a legal claim as, if successful, a courts awards are typically higher than our own.

11. We have therefore decided that as it appears that the family are already considering a legal route, their solicitor is best placed to inform them of any potential legal routes available to them. We consider it reasonable for the family to continue in that pursuit. We will therefore close the case and take no further action.

12. This does not rule Mr N out from reapproaching us at the conclusion of the legal challenge, or if their situation changes. We can then reconsider if our position changes in that event. Mr N should however be aware of our time limit in considering whether to reapproach us in the future.

1. We have carefully considered Mr N’s complaint about a care provider in the Leeds area. As it appears that Mr N is currently considering legal action on the matters he has brought to us, we have decided that we will take no further action. We understand the death a loved one can be a challenging time, especially when you have concerns regarding the care they received in their final days.

2. Upon receipt of the files from the care provider, we can see that a solicitor’s firm have made a request for Mr O’s medical records in July 2021. We have emailed and called the family to seek clarification regarding any potential legal action, and they have declined to provide clarification on the matter.