A practice in the Derbyshire area

3. Mr A complains about the care his son, Mr B, had from the Practice during a consultation on 15 October 2020. He complains the GP failed to arrange a follow up consultation or to refer his son to hospital, despite him having symptoms of bowel cancer. Mr A said his son was diagnosed with bowel cancer in April 2021 and died on in February 2022.

4. Mr A says there are no words to describe the impact his son’s tragic death had on him and his family. He says the immense distress and grief has caused his physical health to get worse. Mr A wants a financial payment.

7. The law says we cannot investigate a complaint where the person has the option to take legal action, unless we consider it is not reasonable for them to. We do not base our decision on how successful legal action would be. Rather, we consider whether legal action is a reasonable option for someone to look into.

8. We discussed this with Mr A to understand his circumstances and the outcome he is looking to achieve. Mr A says the Practice’s actions led to his son’s death and he wants a large financial payment to recognise this. Mr A says his grandchildren continue to be affected by the loss of their father. He hopes to achieve the financial outcome to help his grandchildren in the future.

9. This is something that can be explored through legal action, such as making a clinical negligence claim.

10. We are generally not able to give the same amounts of financial payment that a court can. Because Mr A is looking for a large amount, we think a court is better placed to consider this.

11. There is a three-year time limit for most clinical negligence claims. Mr A became aware of his complaint in March 2022. He is still within this three-year time limit and still has the option to take legal action.

12. Mr A says he came to us because the Practice recommended contacting us. It was right for the Practice to direct him to us, because we are the next stage in the complaints process. But Mr A also has other options, including to get legal advice.

13. We have considered the relevant factors and the law, and Mr A should explore his legal options first. Mr A can get legal advice free of charge, or legal representation that would not mean paying upfront legal costs.

1. We have carefully considered Mr A’s complaint about a GP practice in the Derbyshire area (the Practice). Mr A could take legal action on the matters he has complained about. For this reason, we have decided not to consider the complaint further.

2. We understand how important this complaint is to Mr A. We are sorry to hear that what happened continues to cause him upset and frustration. We explain the reasons for our decision below.