22. Before we decide if we should do a detailed investigation of a complaint, we look at whether there are signs the organisation has got something wrong. We do this by comparing what should have happened with what did happen. We have done this and have not seen any signs that something has gone wrong.
23. When considering whether the Trust should have discharged Mrs E, we considered what care and treatment it had already given her.
24. Our adviser said the NICE guidelines for chronic primary pain apply here. This guidance recommends:
• offering advice on physical activity • psychological therapy • acupuncture • medication including antidepressants such as amitriptyline.
25. Our adviser explained that the NICE guidelines for sciatica (where the sciatic nerve, which runs from your lower back to your feet, is irritated or compressed) may also apply, although these do not specifically address continuing pain after spinal surgery. This guidance recommends:
• self-management (providing information about low back pain and sciatica and advise on physical activity) • physiotherapy • psychological therapy • non-steroidal anti-inflammatory drugs (NSAIDs) for a short period of time or weak opioids if NSAIDs are not tolerated or ineffective • epidural injections of local anaesthetic • spinal decompression.
26. Mrs E was receiving long-term physiotherapy when she was referred to the Trust. She told us she received back physiotherapy for months which did not help her.
27. Mrs E completed the Trust’s pain management sessions several times. Our adviser said these programmes are made and usually run by psychologists. Mrs E said she did not find these helpful. When it discharged her, the Trust said she could do it again if she wanted to. It also gave Mrs E self-management advice throughout the five years it was treating her.
28. The NICE general guidelines for chronic pain recommend acupuncture. But the NICE guidelines for sciatica and low back pain say to not offer acupuncture for low back pain with or without sciatica. The Trust acted in line with specific guidance by not offering this to Mrs E.
29. The clinical records show that before the Trust treated Mrs E she had tried codeine and amitriptyline but stopped these due to side effects.
30. The Trust also directed her GP to try nortriptyline several times to see if this would work better for Mrs E. Mrs E was also taking over-the-counter medications, such as ibuprofen, when needed. It also directed the GP to try a small dose of gabapentin or pregabalin to help treat nerve pain. Later it also directed the GP to try duloxetine. As we explained above, Mrs E tried these but still had issues with side effects.
31. Mrs E told us she felt she was on too much medication. She struggled with side effects and felt drowsy during the day which affected her work.
32. In her last appointment before the Trust discharged her, it told her GP she could try buprenorphine patches (buprenorphine is an opioid to treat chronic pain and the patches slowly release this) and gave instructions for how this could be increased if she found it helpful. Mrs E told us she was concerned to take opioids, due to side effects and the risk she may become addicted to them, so she did not want to do this.
33. From Mrs E’s account and the clinical records, it does not seem that any of this medication was particularly effective in helping Mrs E’s pain and she experienced side effects.
34. In terms of injections of local anaesthetic, the Trust gave Mrs E a nerve block injection, a greater trochanteric injection and listed her for an epidural. Mrs E reported that these had limited effectiveness. She reported that the greater trochanteric injection she had in September 2021 actually increased her pain, so she was hesitant to have another one. The Trust considered and offered Mrs E injections of local anaesthetic in line with the NICE sciatica guidance.
35. Mrs E had already had spinal decompression surgery in 2016. Sources (for instance, the NHS Inform and Cambridge University Hospitals information mentioned above) vary but generally suggest that between one in three and one in five patients experience continuing symptoms after surgery. We cannot see any suggestion that Mrs E was a candidate for further spinal surgery.
36. Our adviser explained that the treatment the Trust offered Mrs E followed the NICE guidance pathways. They could not see that there was anything else it could have offered. None of the treatments were effective at improving Mrs E’s pain and there were no surgical options for her.
37. The Trust explained there were no further treatment options and discharged her back to her GP in March 2023. The RCOA guidance explains that in this situation patients are discharged back to primary care (the GP).
38. Our adviser explained that once treatment options have been exhausted, discharge is appropriate. They explained that chronic pain is not a condition that needs long-term monitoring and the focus after exhausting treatment options is self-management.
39. Mrs E told us she had new pain in her lower back, right buttock and thigh caused by a disc bulge. She feels this means the Trust should not have discharged her despite what we have seen. She had an MRI scan that showed a minor right-sided disc bulge just touching the right L5 nerve root at L4/L5 level.
40. The NHS guidance on lumbar decompression explains it is surgery to treat pain caused by nerve compression. Our adviser explained that Mrs E’s MRI scan showed a bulge that touches the nerve, but not that the nerve is compressed.
41. They said for nerve compression to be needed at the L4/L5 level, her pain would need to be mainly in her right lower leg below knee level. They explained that this suggests her right-hand side pain is not caused by this new disc bulge.
42. We cannot see any sign that the Trust was wrong to discharge Mrs E at this time. We have seen signs that the Trust had exhausted all treatment options as recommended in guidance and they had not been effective for Mrs E. We also see nothing to say the new disc bulge is causing the additional pain, so this would not affect the Trust’s decision to discharge her.
43. Mrs E told us she is concerned the Trust discharged her because she complained about it and came to us. She complained to the Trust in September 2022 and complained to us about something else in January 2023. We have reviewed all the records the Trust has available and considered what Mrs E says. While she was discharged after she complained, we can see no sign that it was because of her complaint. We have only seen that she was discharged for clinical reasons.
44. We appreciate that Mrs E is in a high level of pain that affects her life greatly and we are sorry that we cannot help her any further.