7. The Health Service Commissioners Act 1993 (HSCA 1993) says a person needs to make their complaint to us within a year of becoming aware of the problem. We cannot investigate complaints brought to us after one year, unless we consider there is a good reason. We have discussed this with Miss A to understand the reasons why she did not complain to us sooner.
8. Miss A complains about the care and treatment from the Trust between April and December 2016. We have thought carefully about when Miss A would have become aware of each issue she raises. That has allowed us to thoroughly consider our time limit for each issue.
The Trust failed to diagnose her with a brain tumour
9. Miss A says her GP referred her to the Trust in April 2016. She attended an appointment on 29 April. She had a CT at the Trust on 14 May and an MRI scan in October.
10. In December, the Trust advised Miss A she had gout crystals in her eye, and she should see her GP.
11. Within this appointment the consultant ophthalmologist asked if Miss A would like the Trust to refer her to the orbital service at Hospital A for a discussion around the cosmetic bulkiness of the eye. She confirmed she would.
12. On 7 February 2017, the clinician at Hospital A reviewed the scans and diagnosed her with a brain tumour.
13. We consider the date Miss A knew there was a problem to be February 2017.
14. Miss A complained to the Trust on 4 March 2019 and complained to us in February 2022. This is four years out of time and around five years after she was aware of the problem.
Our decision
15. Miss A has experienced ongoing difficulties since her symptoms started in 2016. We appreciate she has explored other avenues with her complaint, such as contacting her work union in 2019, and a solicitor in 2018, and tried her best to raise her concerns. We understand the diagnosis and operation would have impacted her, and her focus was on her wellbeing.
16. We explored the reasons Miss A gave for the time she has taken.
17. Miss A contacted a solicitor and the firm advised her it would need to assess her potential claim. When the firm returned to her it explained it was unable to take her case as there was a conflict of interest. Miss A did not approach another firm.
18. Miss A explained the union advised her to contact Patient Advice and Liaison Service (PALS). From then she said she did what she could but appreciates this has taken some time.
19. Miss A also explained she wanted to make a complaint in 2017 but thought ‘everything would go back to normal, and it hasn’t’. She anticipated after the operation she would be okay but sadly she has not returned to how she was prior to her diagnosis. She is struggling every day and is in pain.
20. We appreciate the efforts Miss A has made. However, Miss A was aware of the misdiagnosis in February 2017. Miss A raised her concerns to the Trust in 2019. She has not provided a clear or robust explanation as to why she did not raise her concerns with the Trust before 2019. She demonstrated she was able to raise her concerns with a solicitor and her union in 2018 and 2019.
21. Miss A explained she was unwell and unable to function properly for 10 to 11 months after the operation, this would have been January to February 2018. Miss A requested her medical records in February 2018. She would therefore have been able to complain to the Trust then. We do not consider this carries significant weight.
22. Miss A has regular appointments at Hospital A. Sadly, in February 2022, she was diagnosed with a benign tumour. She confirmed she has a partner, who is supportive. Miss A could have requested her partner complained on her behalf to the Trust, and after receiving the final response, submitted a complaint form to us, as her representative.
23. Finally, Miss A did not make us aware of any significant barriers, such as severe ill health, financial difficulties or bereavement which would have prevented her from submitting our complaint form. Submitting her complaint form to us in February 2022 is a delay of four years and around five years after she was aware of the problem.
24. We do not underestimate how difficult Miss A’s experience has been for her. We hope we have clearly explained why her complaint is out of time and why we are not able to set aside our time limit