3. Mrs T complains about the pressure sore care her mother had from the Trust on 28 March 2023. She complains her mother developed pressure sores that could have been prevented.
4. Mrs T says this caused her mother pain and she is still having treatment because of the Trust’s neglect. She wants an apology, service improvements and a financial payment.
6. 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 T to understand the complaint, what the claimed impact on her mother was and what her desired outcomes are. We do not consider whether legal action would succeed but whether it would be a reasonable option to look into.
7. Mrs T says the Trust neglected her mother. In general terms, clinical negligence takes place when a patient who had treatment becomes injured because of that treatment. Failure to not give appropriate treatment could also be negligence.
8. Mrs T clearly referred to neglect when speaking to us about the care her mother had. She says the Trust did not treat or diagnose her mother with pressure sores and this meant her mother still needed treatment seven months later. She says the Trust breached its duty of care towards her mother.
9. Based on this, Mrs T could make a claim for clinical negligence. She would need to get legal advice to find out if she could pursue this through a court.
10. Mrs T told us she would like around £2,000. She says she wants this for her mother’s avoidable and ongoing suffering. A claim for clinical negligence may achieve this, but she would need to discuss it with a clinical negligence professional.
11. It would be reasonable at this time for her to take legal advice and see if she has a legal route to get the financial payment she is looking for.
12. Mrs T did tell us that cost was a barrier to her taking legal action but she has not yet talked to a ‘no win no fee solicitor’. It would be reasonable for her to do this before we decide if cost is a barrier to her taking legal action.
13. We hope the information we have given helps Mrs T to understand what action she needs to take.
1. We have carefully considered Mrs T’s complaint about the care University Hospitals Dorset NHS Foundation Trust (the Trust) gave to her mother, Mrs R. We are sorry to hear about the impact this had on them. We understand from what Mrs T told us that her mother went through a very difficult and distressing time.
2. We have decided to take no further action at this time because we think there is a legal route available that could achieve the outcomes they want. We are sorry for any further distress this decision may cause and hope our explanation below shows how we have fully considered the complaint.