A practice in the Sutton area

3. Miss I complains the Practice did not give her appropriate care between 6 October 2018 and 19 May 2022. She complains the Practice’s delay in getting her medical records from her last GP practice meant they did not fully consider her health.

4. Miss I says her health has been compromised. She says she lost a kidney and this was avoidable. She says the recovery from the loss of her kidney has been difficult and she has been left with surgical scars affecting her confidence.

5. Miss I says losing her kidney brought emotional distress and anxiety as she now worries about her health. She is also concerned about the care and support she will be able to give to her children.

6. Miss I wants a financial payment for the lost kidney and to cover medical expenses and lost wages. She would like an apology from the Practice and service improvements.

7. On 6 October 2018 Miss I registered at the Practice.

8. In December 2021 Miss I had urgent surgery to insert a stent.

9. In February 2022 Miss I’s right kidney was removed.

11. The Health Service Commissioners Act 1993 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.

12. According to Citizens Advice, ‘if you have been injured as a result of medical treatment, you may be able to claim legal action for compensation.’

13. We discussed this with Miss I 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 in to.

14. Miss I says she would like a financial payment to reasonably cover her medical expenses, lost wages and the ongoing physical and emotional impact. We have found that Miss I could potentially achieve this by making a clinical negligence claim.

15. While we could recommend a financial payment if we investigated and upheld the complaint, we do not look at this in the same way as a court can. A court would be able to carefully consider Miss I’s evidence and can decide on an appropriate amount of compensation for the impact Miss I has already experienced and for any future impact.

16. We explored with Miss I if there is any reason why she could not get legal advice. Miss I is willing to look into a legal route. She did not make us aware of any barriers that would stop her from doing this.

17. We understand she also wants an apology and service improvements. While these are not usually dealt with in a legal claim, they can sometimes happen as a by-product of a claim.

18. We are not considering the complaint further to allow Miss I to look into her legal options.

19. We thank Miss I for bringing her complaint to us.

1. We have carefully considered Miss I’s complaint about a GP practice in the Sutton area (the Practice). Miss I could take legal action on the matter she has brought to us.

2. We are sorry to hear about the events of the complaint. We recognise the huge impact losing a kidney has on someone. We understand Miss I has experienced ongoing challenges with her health and is getting help with future health costs.