8. The law says we cannot investigate a complaint if 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 Ms G to understand 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. During our phone conversation on 20 January 2023, Ms G said that her GP at the Practice failed to treat her hearing loss symptoms as a medical emergency. She says this meant the window of opportunity for steroid treatment to be successful was missed.
9. We have discussed the outcomes Ms G wants to achieve and she says she wants financial compensation and service improvements. After some thought, Ms G says she wants the highest level of financial compensation available as she has permanently lost her hearing in her right ear. So, she is looking for more than £100,000. Ms G also says she feels the Practice was negligent in its care.
10. We consider Ms G could make a legal claim of clinical negligence (when healthcare professionals cause physical or mental harm because of the poor standard of care they gave) for her complaint. Claims of clinical negligence and for large compensation payments are usually better pursued through the legal system. We think it is important for Ms G to explore this option by seeking legal advice within the three-year time limit.
11. We have considered Ms G also wants service improvements. Legal action may not directly achieve this outcome but we are aware it can sometimes happen as a by-product of legal action.
12. During our phone conversation on 20 January 2023, Ms G explained she has contacted a no win no fee solicitor and discussed the facts of the complaint but has not yet taken this further. Based on what Ms G tells us, we understand there are no barriers to her looking further into legal action. Having taken everything into account, we think it is reasonable for Ms G to pursue the legal action available to her.
13. If Ms G does not achieve all the outcomes she wants through legal action or does not pursue legal action, she can bring her complaint back to us and we could consider it as a new complaint. At that point, we would need to carefully consider the outcome of any legal enquiries she has made and the outcomes she wants.
14. We would also need to consider the time which has passed as our time limits would still apply. So, it is important for Ms G to get legal advice without delay.
15. We recognise Ms G’s experience has caused her great distress. We hope this statement clearly explains our decision not to consider her complaint further at this time. We have decided it would be better for Ms G to get more legal advice first to see if she can achieve the outcomes she wants.