Mid Yorkshire Hospitals NHS Trust

2. Ms G complains about a magnetic resonance imaging (MRI) scan (a type of scan which uses strong magnetic fields and radio waves to produce detailed images of the inside of the body) which the Trust did on 23 March 2017. She complains the Trust missed a meningioma (tumour of the membranes that cover the brain) on the scan and failed to arrange a follow-up scan. She says the Trust told her everything was fine although she was having migraines.

3. Ms G says the tumour grew very large because the Trust did not do follow-up scans. She believes the meningioma could have been monitored and treated with radiotherapy (a treatment in which radiation is used to kill cancer cells) rather than her having to have an urgent craniotomy (a procedure where a small piece of the skull is temporarily removed so the surgeon can access the brain) on 22 September 2021. She explains she was not herself, struggled to function on a daily basis and needed assistance to get around and perform simple tasks as a result of the craniotomy. She also had to take six months off work and now struggles with her memory and feelings of fatigue.

4. Ms G does not want others to go through this life-changing experience and wants compensation for the six months she was unable to work and be independent.

5. The law says we cannot investigate a complaint if a person has (or had) the option to take legal action, unless we consider it is (or was) unreasonable in the circumstances. We have explained this to Ms G. We do not consider whether legal action would succeed but whether it would be a reasonable option to look into.

6. There is an alternative legal route through a claim of negligence. This is because, as part of her desired outcomes, Ms G wants financial compensation, which could be achieved in court. Ms G says she wants £18,000 for the six months she was unable to work and be independent. She also says the Trust’s lack of treatment has led to her suffering physical harm.

7. The amount of financial compensation Ms G wants is more suited to a court. It is unlikely we would be able to recommend this amount even if we were to investigate and see failings which have led to the impact she describes.

8. Ms G does not say there are any barriers to her getting legal advice about her complaint. So, we consider it reasonable for her to do so.

9. Once Ms G has explored the legal route in full, if she is unable to pursue it for any reason, she may come back to us and we could consider it again. The law says we can only consider complaints which have been brought to us within 12 months of the person becoming aware of the need to complain.

Summary

10. We will not be looking into Ms G’s complaint further at this time because of the reasons we describe above. We do not underestimate the impact of the issues Ms G has raised. We hope we have explained our decision clearly.

1. The Parliamentary and Health Service Ombudsman has carefully considered Ms G’s complaint about Mid Yorkshire Hospitals NHS Trust (the Trust). We are sorry to hear about her concerns and recognise the impact this had on her. We have decided not to consider her complaint further at this time because there is an alternative legal route available to her and it is reasonable for her to pursue it.