Leeds Teaching Hospitals NHS Trust

4. Mr E complains about the Trust’s care and treatment of his wife between November 2021 until her death in September 2023.

5. He complains the Trust: • failed to find that cancer had not been removed despite his wife being an inpatient for eight months • caused internal damage during the operation that resulted in injury to Mrs E’s rectum and led to sepsis (a life-threatening reaction to an infection) • did not properly manage his wife’s hygiene many times • failed to give medication properly which meant his wife was able to store a large amount and attempt to end her life without staff noticing • failed to stop blood thinning medication before a planned third operation • lost his wife’s wedding and engagement rings.

6. Mr E told us his wife’s tumour became malignant (cancerous), she was told her illness was terminal and she was given a life expectancy of around one year. He says his wife was left in constant pain, was depressed and thought about ending her life. Mr E says this all led to her premature death.

7. Mr E wants an explanation and a financial payment.

8. On 4 November 2021, Mrs E was admitted for a tumour removal and fistula repair (surgery to remove abnormal tissue).

9. Mr E says his wife was expected to be in hospital for two to three weeks.

10. A week after the operation, she suffered damage to her rectum. This was operated on and she had a stoma fitted (a stoma is an opening made through the abdominal wall to connect the bowel to the surface of the body so waste can be passed without travelling through any damaged area until healing is complete).

11. Around six weeks later she was taken back to theatre, where it was found she had sepsis. She stayed in intensive care for two weeks.

12. In total, Mrs E was in hospital for around eight months. Mr E says that during this time the Trust failed to find a tumour which became malignant and left his wife terminally ill. She was given a life expectancy of around one year.

13. Mrs E died in September 2023.

15. Because of the seriousness of the injustice claimed as a result of the Trust’s actions, there seems to be the opportunity to make a legal claim.

16. The Health Service Commissioners Act 1993 (the law) says we cannot investigate if there is (or was) a legal route that could be used, unless it is unreasonable to do this.

17. Mr E tells us that as a direct result of the Trust’s actions his wife’s health got much worse and she died. Mr E strongly believes that the right treatment and aftercare would have meant she would not have deteriorated so quickly and died.

18. Mr E has looked at our guidance on recommending financial payments and feels strongly that he is entitled to much more than what we could recommend. He confirmed he wants £10,000 or more.

19. Mr E wants this for the neglect and suffering his wife experienced. And, he believes the Trust’s actions had a negative physical and emotional impact on him and his family and he wants a financial payment for this also. Mr E could make a clinical negligence claim.

20. We have taken into consideration all the factors in this complaint and have not seen anything to suggest Mr E cannot take legal action. We appreciate there are often concerns about legal action taking some time. Our process can take a similar amount of time. Many NHS claims are settled without the need for a full hearing and the timescales that would involve.

21. We appreciate Mr E wants answers as well as money. A successful legal claim would be likely to achieve this as a side effect. It would also be open to Mr E to return to us for answers, once legal action has finished and this did not achieve this for him.

22. We discussed taking legal action with Mr E and he confirmed this is something he can explore. Mr E is aware there are different options available like ‘no-win, no-fee’ solicitors or privately funded and he will explore these.

23. It seems reasonable for Mr E to explore his legal options and return to us if a court cannot achieve the outcomes he wants.

24. We thank Mr E for bringing the complaint to us for consideration.

1. We have carefully considered Mr E’s complaint about Leeds Teaching Hospitals NHS Trust (the Trust).

2. We recognise this was an extremely distressing time for Mr E and his family and our decision is not made without recognition of the upsetting circumstances of the events. We understand the death of Mr E’s wife, Mrs E, would have affected Mr E and his family further.

3. Having spoken with Mr E and reviewing all the information provided, we think he could take legal action on the matter he has brought to us.