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Mersey Care NHS Foundation Trust

P-002418 · Statement · Decision date: 12 January 2024 · View Mersey Care NHS Foundation Trust scorecard
Complaint (AI summary)
Ms E complained about inconsistent psychological and psychiatric care, cancelled appointments, incorrect referrals, lack of insomnia diagnosis, and inadequate bereavement support, impacting her mental health.
Outcome (AI summary)
The ombudsman closed the case, advising Ms E to pursue a clinical negligence claim through legal action.

Full decision details

The Complaint

2. Ms E complains about the Trust’s care between January 2019 and November 2020. She complains that:

• she did not have a regular psychologist or psychiatrist during this time and saw about nine different psychologists. She says she only saw a senior psychotherapist for 16 therapy sessions who was able to help her, and she did not see the same person regularly

• appointments were made then cancelled and not rearranged in good time. Other appointments were also made and cancelled without her knowing

• when she needed a referral for a sleep study for insomnia, on 25 November 2019 the wrong referral was made for sleep apnoea (when a person’s breathing stops and starts when they sleep). She says she did not have this and it meant she was not seen by the sleep clinic

• in June 2020 inappropriate and unhelpful CBTi (Cognitive Behavioural Therapy for Insomnia) and CBT (Cognitive Behavioural Therapy) referrals were made for sleep insomnia and for her bereavement counselling

• she was not given a diagnosis for what was causing her insomnia but was given sleep medications and the dosages were changed often

• she was not able to discuss her current problems with consultant psychiatrists and most of the time was spent going over past problems and her background, so there was no time to talk about what she was experiencing at that time

• she was not given therapeutic support for her bereavement

• the Trust did not refer her for grief therapy or counselling.

3. Ms E says this has affected her mental health caused her to take an overdose three times. She says her care was affected by the different psychologists who had different views of her conditions and of the medication and dosages she should take.

4. She also says she was made to feel like she was not included in her treatment decisions and like she was abandoned and uncared for. She felt devastated, like her life was hell and like she was just existing and not living. She says her life has been destroyed and she goes through cycles of wanting to end it.

5. She also says she had side effects from medication like headaches, not sleeping but feeling tired, sickness and a dry mouth. She says she was also given a lot of medication even though she had issues with overdosing and she did not feel comfortable about this. She says she felt as though she was an inconvenience to the service, was left feeling like she wanted to take her own life and had flashbacks of her mum’s death and nightmares about this. She felt guilty as she could not help her.

6. She says the CBT and CBTi therapies she tried were harmful and increased her feelings of wanting to take her own life. She explains her GP agrees with this.

7. She explains she became distressed when clearing her mum’s flat and took an overdose.

8. Ms E wants an apology, changes to the service and a financial payment of at least £5,000.

Findings

10. The Health Service Commissioners 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 have discussed this with Ms E 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 into.

11. Ms E wants an apology, changes to the service and a financial payment of at least £5,000.

12. Ms E may have a clinical negligence case and can take legal advice about this. If successful, she will be awarded a financial payment and the other outcomes she wants may happen as a result. Ms E said she has not spoken to a solicitor yet but wants to get legal advice. Ms E says there is nothing stopping her from taking legal advice.

13. If Ms E cannot take legal action or it does not achieve everything she is looking for, she can contact us again, but she would need to do this quickly as we have a time limit for looking at complaints.

Our Decision

1. We have carefully considered Ms E’s complaint about Mersey Care NHS Foundation Trust (the Trust). Ms E can take legal action to make a clinical negligence claim and we will take no further action on her complaint. We understand it was a difficult time for Ms E.

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