Leeds Teaching Hospitals NHS Trust

3. Mr R complains about the care and treatment he received from the Trust between December 2019 and September 2021. Specifically, he complains the Trust did not detect changes between his MRI scans taken in 2019, 2020 and 2021.

4. As a result, Mr R says the Trust misdiagnosed him with Relapsing Remitting Multiple Sclerosis when he actually had Progressive Multiple Sclerosis (MS). Mr R says this meant the Trust put him on ineffective medication.

5. Mr R says if the Trust did detect the changes, he would have started on a different medication sooner, may still be able to use his legs, and not be a wheelchair user.

6. Mr R says he would like the Trust to acknowledge his concerns. Mr R says a solicitor has also taken on his case and he will be discussing compensation with them.

7. In December 2019, Mr R says he began voicing concerns to the Trust that his diagnosis of relapsing remitting multiple sclerosis needed to be reconsidered. This is because he thought he may have Progressive MS (multiple sclerosis is a disease that affects the central nervous system).

8. Mr R said he initially asked whether he could try a different medication which may benefit both conditions. Mr R said when he raised these concerns, the Trust advised there were no changes in his MRI scans, and so he was not eligible for this medication.

9. In June 2021, Mr R explains he approached his neuro-radiologist friend, who detected changes between Mr R’s MRI scans. During this time, Mr R approached his GP and asked for a referral to a different Trust for the management of his condition.

10. In September 2021, Mr R attended his first appointment at the other Trust. During this appointment, Mr R says the consultant told him he was given the wrong diagnosis and was on ineffective medication.

11. In October 2021, Mr R complained to the Trust.

12. In January 2022, Mr R complained to us.

15. 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 Mr R 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.

16. Mr R states as a result of the Trust not detecting changes in his MRI scans, he was misdiagnosed with Relapsing Remitting Multiple Sclerosis when he had Progressive MS. Mr R says this meant the Trust put him on ineffective medication. Mr R also says if the Trust did detect the changes, he would have been placed on a different medication sooner, may still have use of his legs, and not be a wheelchair user.

17. According to Citizen's Advice, ‘If you’ve been injured as a result of negligent medical treatment, you may be able to take legal action for compensation’. An example of clinical negligence is when the health care provider, ‘failed to diagnose your condition or made the wrong diagnosis’ and ‘the care you received fell below medically acceptable standards’. Mr R appears to be alleging negligence on behalf of the Trust.

18. From his complaint form, we understand a solicitor has agreed to take on Mr R’s case and that the amount of compensation he is hoping to achieve will be discussed with them. Given that Mr R has confirmed a solicitor has taken on his case, we consider Mr R has a legal remedy available to him through negligence.

19. Additionally, we are aware Mr R has brought this complaint to us as he was dissatisfied with the Trust’s response. During a phone conversation, Mr R explained he wants the Trust to acknowledge the failings.

20. We recognise we are able to achieve this outcome and it may be something we could consider. However, if the court process did find negligence in the service Mr R received, he may receive an acknowledgement of the failings from the Trust as a by-product.

21. As Mr R may be able to achieve all the outcomes he seeks through the court process, including compensation and an acknowledgement of failings, we consider it more proportionate and appropriate for him to continue with legal action.

22. During a telephone call, Mr R explained his solicitor is in the primary investigation stage. They are looking at whether they can take his case forward, and so it was not certain they would be proceeding.

23. If Mr R pursues legal action but is advised he is unable to make a clinical negligence claim, or feels that his outcomes have not been achieved, he can bring his complaint back to us. We would advise him to do this promptly. This is because, by law, we normally expect people to complain to us within a year of becoming aware they had reason to complain. However, we can put our time limit aside if we think it is reasonable to do this.

24. Mr R has already initiated legal action regarding his complaint. He has not mentioned any barriers to him doing this. As such, we consider he is willing to pursue a legal route to achieve the outcomes he seeks.

25. On this basis, we consider it is reasonable for Mr R to continue pursuing legal action and we will not consider this complaint further at this time.

26. We thank Mr R for bringing his complaint to us.

1. We have carefully considered Mr R’s complaint about Leeds Teaching Hospitals NHS Trust (the Trust). We have decided Mr R could take legal action for his concerns.

2. We were sorry to learn about the circumstances of Mr R’s complaint. We understand Mr R may have found complaining about the care and treatment he received difficult.