9. 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 Mrs U 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.
10. We Mrs U could pursue a clinical negligence claim. In line with the law, we have considered whether it would be reasonable for her to do this, given the outcomes she is seeking.
11. Mrs U says she wants financial compensation for the pain and discomfort she experienced. Pursuing a clinical negligence claim could result in financial compensation being awarded.
12. Mrs U explained she looked into taking legal action with a solicitor, but they did not agree to take the case on under a ‘no win, no fee’ arrangement. Mrs U said she did not give the solicitor all the detailed medical evidence that she gave to us. With this in mind, we consider she should contact a number of solicitors about her case and give them all the evidence she gave us. This would give the solicitor the best opportunity to fairly review any possible claim.
13. Mrs U says she is not keen to explore legal action. She says it could take years and she has health issues. We advised there are organisations like the Citizens Advice Bureau that could help her. To progress her complaint, it is likely we would need as much input from her as a solicitor would.
14. Often pursuing a legal remedy though the courts will involve having a dedicated solicitor/legal professional on a case who has an interest in winning the case. That might mean Mrs U feels more supported through a legal route than through the complaints process. The Parliamentary and Health Service Ombudsman is impartial and we would not take sides when investigating a case.
15. We appreciate Mrs U’s preference is not to take legal action. Given the above, we consider it is reasonable for her to explore if she can achieve the outcomes she is looking for through a legal route. Mrs U can bring her complaint back to us to consider any outstanding issues if she finds she is unable to pursue legal action for any reason.