Issue 1 – Treatment, check-ups and investigations
8. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider this is unreasonable in the circumstances. We have discussed this with Mr N to understand his circumstances and the outcomes he wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look into.
9. Mr N told us he had already engaged a solicitor and was negotiating with the Trust for a possible out of court settlement. Mr N said if the Trust did not offer enough compensation, he will go to court for a resolution.
10. Since Mr N is taking legal action, we cannot investigate his complaint about treatment, check-ups, and the Trust’s investigation of his care and treatment.
11. We understand Mr N’s concern about other patients. However, we only have powers to investigate complaints if they are made to us by the individuals concerned.
12. In summary, we have decided we will not take further action on the complaint. We hope we have explained the thorough consideration we have given to our decision and clearly outlined the reasons for it.
13. We understand the distress the events have caused Mr N and thank him for bringing the concerns to our attention. We will not be taking any further action on his complaint.