Epsom and St Helier University Hospitals NHS Trust

Epsom and St Helier University Hospitals NHS Trust

4. Ms A complains about the care and treatment her mother, Mrs C received in late 2022 and in early 2023 at Epsom and St Helier University Hospitals NHS Trust (the Trust).

5. Ms A specifically complains that:

• Mrs C was not seen quickly enough in the Emergency Department (ED) when she attended on 17 December 2022 and staff missed signs of heart failure • the Trust did not treat Mrs C’s low oxygen levels when she was triaged • the Trust discharged Mrs C on 19 December with no medication for the heart condition it had diagnosed • there was confusion in the ED and later at an outpatient cardiology appointment over whether Mrs C was suffering heart failure.

6. Ms A says these failures and confusion meant her mother’s heart condition went undiagnosed and untreated and as a result she died a few months later following a heart attack.

7. Ms A is looking for apologies, acknowledgments, improvements and a financial remedy.

The Practice

8. Ms A complains that the Practice misdiagnosed a chest infection as it did not examine her mother, Mrs C on 19 July 2023.

9. Ms A says the lack of physical examination meant her mother’s heart condition went undiagnosed and untreated and as a result she died a few days later.

10. Ms A is looking for apologies, acknowledgments, improvements and a financial remedy.

12. 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 A 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.

13. Ms A told us she is seeking compensation as a main outcome to her complaint in recognition of the loss of her mother from what she says was negligence.

14. We discussed that she may have a claim for clinical negligence and that we considered legal action would be an appropriate route to explore at this stage. This is because of the Trust’s admission of some failings, the high level of compensation she is seeking and there are no barriers to Ms A pursuing a legal claim. As discussed, it may be the case that Ms A receives the explanations she wants, as well as a large financial remedy as a result of a successful claim.

15. If Ms A has any outstanding outcomes which have not been achieved through legal action, she can return to us with her complaint. If she wants to do this, we would urge her to do so as soon as possible, as we usually only consider complaints made to us within a year of an individual becoming aware they have a reason to complain. Taking legal action will not act as a negative factor in respect of timing, so long as she returns to us promptly after it. If Ms A does take legal action, we would need to wait for this to conclude before we consider if any issues are outstanding.

16. We signposted Ms A to a charity named AvMa in case she wanted support with how to go about starting legal proceedings and she said she would make contact with this organisation.

17. We consider that legal action is appropriate for all aspects of Ms A’s complaint and that it may achieve all of the outcomes she is seeking therefore we have decided not to consider the complaint further at this time.

18. We appreciate how distressing the events have been and continue to be for Ms A and her family and are grateful to Ms A for bringing this complaint to our attention.

1. We have carefully considered Ms A’s complaint about Epsom and St Helier University Hospitals NHS Trust and a GP Surgery in the Sutton area (the Practice).

2. We consider legal action is the most appropriate way forward based on the impact claimed, outcomes sought and level of compensation Ms A is seeking.

3. We are very sorry to hear about the loss of Ms A’s mother, Mrs C. We acknowledge this was a very distressing event for Ms A and her family. We hope our decision is helpful for her.