4. Mrs E complains on behalf of her son about the treatment he had on 15 June 2022 when he was an outpatient getting injections in his leg. Mrs E says the Trust discharged her son too soon after he was given an anaesthetic.
5. Mrs E says her son collapsed and injured his leg because he was discharged too soon. Mrs E says this left him feeling very anxious and reluctant to return to hospital. He was also left with a bruise on his knee.
6. Mrs E wants a financial payment.
8. 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. We discussed this with Mrs E to understand the family’s 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.
9. Mrs E wants a financial payment. After discussing how we look at financial payments, Mrs E told us she would be looking to claim significantly more than we would be likely to recommend if we upheld her complaint.
10. Mrs E may be able to make a clinical negligence claim. She is more likely to achieve the payment she is looking for by taking legal action.
11. Mrs E told us in September 2023 that she was in the process of finding a solicitor.
12. Mrs E has the option of bringing the complaint back to us if she is unable to achieve all the outcomes she wants through legal action.
13. We appreciate how difficult it has been for Mrs E and the family and thank her for bringing the complaint to us.
1. We have carefully considered Mrs E’s complaint about Birmingham Women’s and Children’s NHS Foundation Trust (the Trust).
2. We understand the events that caused Mrs E to complain are very important to her and affected her, her son and the family.
3. Mrs E could take legal action by making a clinical negligence claim to resolve her complaint. We think this is the best way for Mrs E to pursue her concerns.