10. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider this is unreasonable in the circumstances. We have discussed this with Ms L to understand her circumstances and the outcomes she wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look into.
11. In general terms, clinical negligence takes place when a patient who had treatment becomes injured as a result of that treatment. Failure to give appropriate treatment could also be negligence.
12. We think Ms L could make a clinical negligence claim to achieve the outcome she is looking for.
13. Ms L says she cannot afford to take legal action. We asked Ms L if she had thought about contacting a 'no-win-no-fee’ solicitor. She explained she had explored this type of claim before with a different matter and was concerned how much a solicitor would take from any compensation payment she may be awarded.
14. Ms L says she is not sure how much compensation she wants. She says she wants an amount that is right for what she has experienced. She said the issue is still going on, she has been ignored and has a lot of pain. We are sorry to hear about the ongoing impact she is experiencing. We explained that often the amounts we recommend are much lower than what a court would be likely to achieve.
15. Having considered our severity of injustice scale (a tool we use to decide on financial recommendations), it is likely Ms L’s complaint would be in line with a level three or four. This would mean our recommendation could be from £500 to £2,500. Ms L says this is less than she wants.
16. Ms L says she is thinking about making a legal claim and asked if we had any advice on this. We are not able to give legal advice but we gave her information of other organisations who may be able to give this.
17. She says she finds face-to-face appointments difficult. We understand her circumstances are difficult and appreciate how this would affect her ability to meet with professionals in person. Legal representation can also be done by phone and email which would not stop her from taking legal action.
18. We explained to Ms L that if she is not able to get legal advice or find a solicitor to take on her case, she can contact us and we can look at her complaint again. Ms L would need to contact us as soon as possible because of our time limit.
19. Although we will now close this complaint, we know Ms L’s pain is ongoing and this clearly affects her life. We hope Ms L is able to access the care she needs and we wish her well with this.