King's College Hospital NHS Foundation Trust

3. Mr O complains about the care and treatment he received from the Trust in August 2021. He specifically complains the thrombectomy procedure (to remove blood clots) was not performed correctly, resulting in him being rushed for an emergency operation.

4. He says that because of this failing he has been left traumatised and experiences flashbacks. It has also had a detrimental effect on his mental health, and he has had to go to counselling because of this.

5. Mr O would like an apology and financial compensation.

6. On 18 August 2021, Mr O attended the Trust for the thrombectomy procedure.

7. The procedure went ahead, but the surgeon was unsure which graft needed to be worked on. Following this, Mr O returned to the ward.

8. Shortly after returning to the ward, Mr O’s arm began to swell up, and he was rushed in for emergency surgery.

9. Mr O complained to the Trust on 4 October 2021, and the Trust provided its final response letter on 19 April 2022.

10. Mr O brought his complaint to us on 11 May 2022.

13. 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 Mr O to understand his circumstances and the outcomes he wants. We do not consider whether legal action would succeed but only whether it would be a reasonable option to look into.

14. We consider an route to take legal action exists when there is both a proper legal cause of action and the outcome the complainant seeks is achievable through that action. According to the Citizen’s Advice Bureau, an individual may pursue a clinical negligence claim when they have ‘been injured as a result of medically negligent treatment’. This includes if the healthcare provider ‘failed to diagnose your condition or made the wrong diagnosis’.

15. We understand Mr O feels that failings by the Trust during his surgical procedure have resulted in lifelong changes for him, and he is seeking financial compensation of over £5,000 for the overall effect this has had on him. We understand this could fall within what clinical negligence legal action considers.

16. The amount of compensation Mr O seeks could exceed the amounts we generally recommend.

17. Mr O has confirmed there are no barriers to seeking legal action. He is also within the three-year time limit for pursuing a legal claim.

18. Having considered the evidence Mr O gave us, we have decided legal action would be best suited to what he wants to achieve at this time. The courts could consider the complaint, decide whether there was clinical negligence and make a financial award if so. We hope this information helps Mr O to progress his complaint and achieve the outcomes he is seeking.

1. We have carefully considered Mr O’s complaint about the care and treatment he received from King's College Hospital NHS Foundation Trust (the Trust). We are very sorry to hear about what happened and the effect it has had on Mr O.

2. We have looked at what Mr O has told us and, based on the outcomes he is seeking, we consider this would be better suited to the legal process and court action. The courts would be better placed to achieve the outcomes he is seeking regarding findings of negligence and financial compensation. We have decided not to take further action on Mr O’s complaint at this time. We hope our advice helps him to achieve what he is seeking.