University Hospital Southampton NHS Foundation Trust

4. Mrs H complains the Trust did not do an MRI scan when she was taken to hospital on 3 June 2021 and failed to diagnose her herniated disc and foot drop.

5. Mrs H asked to be referred for a private consultation. She was diagnosed with a herniated disc and foot drop straight away and was sent for an urgent MRI scan.

6. Mrs H says she is still suffering with a herniated disc and foot drop. She is paying for her own treatment but is not recovering well. She says she may need an ankle fusion or tendon transplant. She said she has been told by her consultant that they are not sure how long her condition will last, or if it will ever get better. She thinks the failure to diagnose may have caused more nerve damage. She explains this has caused her distress.

7. Mrs H says she has paid thousands of pounds for treatment and the costs are ongoing. She may need to pay for a new car or have her husband's car adapted for someone who has foot drop. She would like financial compensation to cover her costs and for the physiological and psychological distress she experiences because of the great pain she is going through, and the big life changes she has experienced. Mrs H would like the Trust to accept it failed to diagnose the herniated disc and foot drop and to keep good records.

8. On 3 June 2021 Mrs H was taken by ambulance to A&E due to severe back pain. She says paramedics said that because of her pain and lack of mobility, they suspected she had a herniated disc, and she would likely need an MRI scan when she got to hospital.

9. Mrs H says the main thing the doctor in A&E asked her to do was to push away and against the doctor’s hand, and tests of her reflexes. At one point she says she was asked to walk, which she says she did not find very easy.

10. Mrs H says that no checks were done on her right foot even though she told the doctor that her right foot felt funny, and she could not move it. She said the doctor did not do more tests and quickly diagnosed her with sciatica (where the sciatic nerve, which runs from your lower back to your feet, is irritated or compressed), after speaking to the spinal team who did not see her.

11. Mrs H says while she was in the discharge unit, the doctor saw her again just before she was about to leave. She says she was asked to do some more push against and push away tests, then the doctor left and nothing else happened. She says that about an hour before she left the hospital, she nearly passed out because she was in so much pain.

12. Mrs H says when she tried to put her shoes on to leave the hospital, she was unable to lift her right foot to put it in her shoe. She said that her right foot felt numb and scrunched up, like she was trying to put her foot in a shoe that was two sizes too small, and she had to get a nurse to help her put her shoe on.

13. On 15 June 2022, Mrs H saw a private consultant as her condition had still not improved. She says that the consultant picked up on her herniated disc and foot drop straight away and sent her for an urgent MRI scan.

14. On 16 August 2021 Mrs H had foot surgery to remove the compression on her nerves.

17. 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 unreasonable in the circumstances. We have discussed this with Mrs H 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.

18. Mrs H would like financial compensation for her cost and the impact her condition has had on her life, and answers to why she was not sent for an MRI scan when she went to A&E. She would also like to know if things could have been different if she was sent for an MRI scan.

19. Mrs H told us that financial compensation is not her main concern, but it is something she wishes to be considered. As a service, we need to consider whether a court or tribunal could provide a complete remedy for the matter complained about. In this case, it appears that it could. If the legal claim was successful, and the court were to award financial compensation, then a by-product of this may be that the Trust is asked to accept the failings found and make improvements to its service.

20. We have also considered the emotional challenges Mrs H may face in pursuing a legal claim. Having considered this, it is important to note that pursuing a legal remedy through the courts would involve having a dedicated solicitor/legal professional on a case who has an interest in winning the case. This may mean that she may feel more supported through this route, rather than through our process, which is impartial.

21. We have also kept in mind that clinical negligence claims are subject to strict time limits following the date of the claimant’s knowledge of injury. Mrs H therefore has limited time to pursue legal action. Given that the courts may potentially be better suited to achieving what Mrs H is looking for, we would not want her to lose her opportunity to explore this option.

22. We are satisfied that it is reasonable for Mrs H to pursue legal action. We cannot consider any complaint that may become subject to legal action, which appears likely at this point.

23. We have discussed this with Mrs H to make sure she understands the reasons for our decision. We have also advised her that should legal action not be possible, she can contact us again. If Mrs H comes back to us, we will need to consider our one-year time limit for accepting complaints. We do have powers to put the time limit to one side if we have good reason to do this. Mrs H should follow up taking legal action as quickly as possible and come back to us without delay if needed.

24. We would then consider if anything has changed (specifically in relation to what outcomes she would now like and whether we can achieve them). We would not necessarily reconsider our view that the legal route was the most appropriate if there is no change in circumstances.

1. We have carefully considered Mrs H’s complaint about the University Hospital Southampton NHS Foundation Trust (the Trust).

2. We are very sorry to hear of the circumstances that led Mrs H to come to us. We understand this complaint is very important to her. We recognise the effect the issues have had on her health and her personal life.

3. We consider legal action may provide the main outcome she wants. If any of the outcomes she wants are not achieved by the legal process, she should return to us without delay to ask us to consider any changes in circumstance which may change our decision.