9. 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.
10. Mrs F is complaining that poor care resulted in her son being stillborn. Understandably this has caused her and her husband a huge amount of upset and distress. One of the outcomes she is seeking is to achieve a financial remedy. She therefore may have the option of pursuing a claim of clinical negligence. Clinical negligence is something people can take to court.
11. She told us she has now received the Trust’s Perinatal Mortality Review Tool report which identifies the Trust was at fault. Mrs F explained she has already spoken to a solicitor, who has agreed to take on her case.
12. Mrs F has not specified a sum of money she is hoping to achieve, but it is possible a legal claim could achieve more compensation for her than we could, if we were to uphold her complaint.
13. As she has already instructed a solicitor to act on her behalf, it is reasonable to say there are no barriers to Mrs F pursuing a legal claim.
14. We have also thought about the other outcome Mrs F seeks, as she explained she also hopes to achieve service improvements. Whilst they may not come about as a direct result of legal action, it is possible she could achieve these as a by-product of any legal claim.
15. We recognise how it can be challenging to make a complaint and would like to thank Mrs F for bringing her concerns to us. We hope this did not add to Mrs F’s distress. We will be not looking into her complaint at this time as she is currently exploring legal action in relation to the issues she has raised with our service.