Mid Yorkshire Hospitals NHS Trust

3. Mr H complains that in July and August 2021 the Trust missed diagnosing and delayed treating an infected dental abscess, which spread to his sinuses and caused a brain infection. He says the Trust also delayed transferring him to another hospital for treatment.

4. Mr H says this meant he had to have craniotomy (brain surgery). He says due to the infection and the surgery he has lost ten percent of his brain function and will be on antiseizure medication for the rest of his life. He says he was unable to work or drive for 12 months and had to have speech therapy for six months. He says the experience has affected him psychologically, physically and financially.

5. Mr H wants the Trust to make service improvements. He also wants financial compensation.

6. Mr H told us he started getting symptoms on 28 July 2021 and went to the emergency department (ED) twice on 30 July. On 31 July Mr H went to the ED for the third time and the Trust admitted him for further investigations.

7. On 3 August, Mr H lost the ability to speak and the Trust did a CT scan (a scan that uses X-rays and a computer to create detailed images of the inside of the body). The Trust then transferred Mr H to another hospital to have brain surgery. He was discharged on 5 September.

10. 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.

11. Mr H feels if the Trust had acted sooner, he may have had a different outcome. We appreciate this experience must have been very distressing for him and his partner. Mr H feels the Trust was negligent. We explained to Mr H that we do not deal with clinical negligence claims as this is a legal term and is decided on by a court. We explained that although we can achieve various levels of compensation, it may be in his best interests to explore getting legal advice about his complaint first.

12. We contacted Mr H to find out if there were any barriers to him taking legal action. Mr H decided to approach some solicitors and explore the legal route first.

13. As the time limit for taking legal action is strict, we think it is important for him to explore this option while he still has time.

14. Our decision is legal action is the best route to take to explore if Mr H can make a clinical negligence claim, and for him to be compensated for how he has been affected. If a court found the Trust was negligent, it would also be expected to reflect, learn and improve by using its serious incident framework.

15. Having taken all the circumstances into account, we consider it reasonable for Mr H to continue to explore the option of taking legal action.

16. If Mr H does not achieve all the outcomes he wants by legal action, or he is unable to take legal action, he can bring his complaint back to us and we will consider it as a new complaint. At that point, we would need to carefully consider the outcome of any legal enquiries and the outcomes he wants.

17. We would also need to consider the time that has passed, as our one-year time limit would still apply. It is important for Mr H to take legal advice without delay.

1. The Parliamentary and Health Service Ombudsman has carefully considered Mr H’s complaint about Mid Yorkshire Hospitals NHS Trust (the Trust). We are sorry to hear about Mr H’s experience and the challenges he now faces. We recognise Mr H has been through a distressing and painful time.

2. We are not taking the complaint further because Mr H may be able to take legal action on the matter he has brought to us. We are sorry for any added distress this decision may cause. We explain below how we have reached this decision.