2. Mrs A complains the Trust left her on the floor without giving any treatment on two separate visits in September 2022 and blamed its decision on behavioural issues.
3. Mrs A says the Trust’s failings caused her pressure sores that left permanent scars on her legs, affecting her psychologically so she feels unable to wear skirts and shorts. She also says she experienced a financial loss.
4. Mrs A wants an apology, for the Trust to admit failings and a financial payment.
6. The Health Service Commissioner’s Act 1993 (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 Mr and Mrs A to understand their circumstances and the outcomes they want. We do not consider whether legal action would succeed but whether it would be a reasonable option to look into.
7. Mrs A says a failing in the Trust’s duty of care led to her getting pressure sores, that left permanent scarring on her legs. She is looking for a financial payment. This means she may be able to make a clinical negligence claim.
8. Mrs A confirmed she is looking to get £250,000 and for the Trust to admit its failings and apologise. Mrs A also says she and her husband faced a financial loss because of the sale of their car and had to re-home their dog because of her health. While we can make recommendations for a financial payment, we are unable to provide for ongoing costs in the way a court can. If we were to investigate the complaint and upheld it, we would likely only recommend a payment of £1,000 or less. We appreciate Mrs A is looking for much more than this.
9. While a court would not order an apology, it is reasonable to say that this could happen as a result of a successful negligence claim.
10. Mr A explained they had gone to a solicitor, but they were advised to let us complete our investigations first. We explained the law says we cannot investigate a complaint if a person has a legal route available and it is reasonable for them to take it. Mr A said it was not unreasonable for them to look into taking legal action. It would be appropriate for them to consider the legal route first. Mr A confirmed they are happy to speak to solicitors.
11. Mrs A can return to us if she cannot take legal action or it does not achieve all the outcomes she is looking for. If she needs to come back to us, we recommend she does this as quickly as possible.
1. We have carefully considered Mrs A’s complaint about South East Coast Ambulance Service NHS Foundation Trust (the Trust). We are sorry to learn of the ongoing difficulties Mrs A is facing after her contact with the Trust. We think Mrs A could take legal action on the matter she has bought to us.