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Lancashire and South Cumbria NHS Foundation Trust

P-001723 · Statement · Decision date: 31 January 2023 · View Lancashire and South Cumbria NHS Foundation Trust scorecard
Surgery Transfer, discharge and aftercare Treatment Transfer, discharge and aftercare Treatment Surgery Transfer, discharge and aftercare Clinical negligence harms learning
Complaint (AI summary)
Mrs E complained an epidural caused long-term nerve damage, alleging the Trust failed to inform her of scoliosis risks, repeatedly performed the procedure, and delayed follow-up, scans, and physiotherapy.
Outcome (AI summary)
The complaint was closed, with no further action. The Ombudsman noted that a legal route was available and already being pursued for this matter.

Full decision details

The Complaint

3. Mrs E complains about the way the Trust gave her an epidural (an anaesthetic injection in the back) in February 2020, which has led to long-term nerve damage. She also complains the Trust:

• did not inform her before the procedure she had scoliosis (spinal curvature) or tell her this could cause additional risks • had to repeat the procedure, which took 45 minutes and caused Mrs E further distress • took too long to provide a follow-up appointment • was not aware of her clinical position before her follow-up appointment • wrongly refused Mrs E an MRI scan (magnetic resonance imaging scan – a form of X-ray examination) because she had a pacemaker (to regulate her heart) • told her she has multiple sclerosis (MS) but has not provided treatment • did not provide physiotherapy promptly after her operation.

4. Mrs E believes she is bedridden and unable to walk because of the spinal injury. This has caused significant distress to both Mrs E and Mr E. She needs intensive support from external carers as well as Mr E and this has completely changed their lives in a negative way. Mr E says he also feels guilt.

5. The couple explain they have had to alter their house to accommodate Mrs E, who can only leave home for appointments. They say this has caused them considerable additional distress.

Background

6. We have carefully considered the information Mr E gave us in the complaint form and during our discussions. We have also looked at the Trust’s response to the complaint.

7. We use relevant law, policy, guidance and standards to inform our thinking. This allows us to consider what should have happened. In this case we have referred to:

• our Service Model Guidance • the Health Service Commissioners Act 1993 (the law).

Our Decision

1. The Parliamentary and Health Service Ombudsman has carefully considered Mrs E’s complaint about her care and treatment by Lancashire and South Cumbria NHS Foundation Trust (the Trust). We are sorry to hear about her difficult and distressing experience.

2. We have decided there is a legal route available on this matter and can see it is already being pursued. We have considered the circumstances of the complaint and the information Mrs E gave us and have decided to take no further action at the moment. We hope this does not cause any further distress and the details below will fully explain how we have reached our decision.

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