16. We can consider complaints about organisations working on behalf of the NHS, and whether these organisations are responsible for failings. However, the law says we cannot investigate a complaint where a person has (or had) the option to take legal action. That is, unless we consider this is (or was) unreasonable in the circumstances. We have discussed this with Mrs L to understand the 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 into.
17. Mrs L complains the Trust failed to carry out a suitable investigation into Mr L’s heart in December 2020 and did not refer her husband to cardiology. She complains this resulted in Mr L having a cardiac arrest and they are both experiencing severe anxiety as a result. She questions why the Trust did not do any tests sooner.
18. We spoke to Mrs L about the financial remedy she wants to achieve. Mrs L explained she wants between £3,000 and £9,950 in financial remedy. She says this is for the pain and suffering she and her husband have had to endure.
19. Given the nature of the complaint, the seriousness of the impact she says resulted from this, and the financial remedy Mrs L wants, we consider Mrs L may be able to make a legal claim for medical negligence. Therefore, we need to consider if it is reasonable for her to take this route.
20. We asked her if there were any barriers to pursuing legal action. Mrs L confirmed there were no other barriers which would prevent her from seeking legal action. She also explained she found a solicitor who agreed to take on her case. Mrs L explained the solicitor was just waiting for a clinical adviser.
21. Overall, we consider Mrs L may have a legal route, and this is something she should explore. We appreciate she has made this complaint in extremely difficult circumstances but consider this may be the best and quickest way to achieve the outcome she is seeking.
22. We will not be taking further action at this time as further investigation could affect Mrs L bringing her case within the time limit for a legal claim, which relates to the rest of her complaint.