The Dudley Group NHS Foundation Trust

3. Mrs O complains about aspects of the care and treatment provided to her late husband, Mr O, between 22 and 30 July 2020.

4. Specifically, Mrs O says her husband deteriorated drastically after just one week in hospital. Due to this, she does not believe he was given his Parkinson’s medicine correctly, or that the nurses monitored and supported him with his nutrition and fluids. She also believes the nurses put him in continence pads, as it was easier for them, as he had been independent before his admission.

5. Mrs O says her husband was discharged home dehydrated, malnourished, doubly incontinent, and with a loss of muscle control, including the ability to swallow. His inability to swallow and loss of coordination adds to her concern that he could not have managed to take his medication, as this was in tablet form.

6. Mrs O says these events were very distressing for her and the family. She says her husband’s decline was more sudden and rapid than would be expected with his condition. She says he did not regain the ability to swallow and continued to decline. Mr O sadly died in August 2020.

7. Mrs O says she had been prepared for a gradual decline with her husband’s condition, but the dramatic deterioration, following the admission, was a huge shock. She says she had expected to have more years with her husband, and the failings in the care have taken these from her. She also says her husband’s death has had an effect financially, as she only now receives part of his pension. This meant she has had to take on a further job, which has added to her stress at an already difficult time.

8. Mrs O is seeking apologies, an acknowledgement of failings, service improvements, and a financial remedy.

10. 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 Mrs O to understand her circumstances and the outcomes she wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

11. We cannot look at complaints if someone has the chance to take legal action that would address the issues in their complaint, and potentially give them the outcome they are looking for. Mrs O told us about the financial impact of her husband’s death and the extra pressure this has caused. Due to this, Mrs O told us compensation is the main outcome she is seeking for her complaint.

12. We can see it would be reasonable for Mrs O to gain legal advice to try and achieve her desired outcomes, including the acknowledgement of what went wrong, and compensation. She is also seeking an apology and service improvements. These may not be directly achievable via the courts but may still happen as a result of a successful legal claim. For these reasons, we have decided not to look at the complaint further.

13. Action against Medical Accidents (AvMA) can provide free initial advice about the legal process and signpost to solicitors. Mrs O may wish to contact AvMA.

14. If Mrs O remains unhappy following legal action or has outstanding issues or outcomes which she could not pursue via the courts, she can return to us. However, we cannot consider issues which have already been examined by the courts.

15. If Mrs O is unable to proceed down the legal route and wants us to consider her complaint again, she can also contact us. It is important Mrs O approaches us as soon as possible. This is because we can usually only look at complaints that are raised within 12 months of the individual becoming aware of the issue, although we can sometimes put the time limit to one side if we see there are good reasons for the delays in a case reaching us.

16. We recognise this has been a difficult and distressing time for Mrs O and we cannot underestimate the impact these events have had on her. We hope the above clearly explains the reasons for our decision and the next steps she can take.

1. We have carefully considered Mrs O’s complaint about the Trust. We consider Mrs O could take legal action on the matter she has brought to us. On this basis, we have decided not to consider the complaint further.

2. We recognise these events have been very difficult for Mrs O and we are very sorry to hear of the impact they have had on her. We consider legal action may provide the main outcome she seeks. If any of the outcomes she seeks are not achieved via the legal process, she can return to us without delay to ask us to consider her concerns.