7. 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 do not consider whether legal action would succeed, but whether it would be a reasonable option to look in to.
8. Mr T’s complaint about staff not cleaning his wounds or giving him stitches falls under the scope of clinical negligence. Mr T told us about the impact this had on him and he wants a large amount of compensation for this.
9. Mr T wants around £9,950 compensation. This is more than we would be likely to recommend if we were to investigate and uphold the complaint.
10. Mr T would also like a full investigation and explanation of what happened, to understand what went wrong. An investigation itself is not an outcome, it is the process that either we or a legal route would follow. Either route would also provide an explanation. Although legal action would not achieve learning or an apology directly, they could be achieved as a by-product.
11. Mr T told us he is not prepared to fund a legal case and instead wants us to give a full response to his complaint. We do not consider this to be a barrier to him taking legal action as he could approach a ‘no-win no-fee’ solicitor with his complaint.
12. In summary, we think it is reasonable for Mr T to look into taking legal action to try to achieve the financial compensation he is looking for. We will not be taking any further action at this time.
13. If Mr T finds there is not a legal route available to him after getting advice, he can bring his complaint back to us. He will need to return within a reasonable timescale because we have a one-year time limit for accepting complaints. We hope we have explained our decision clearly.