A practice in the Suffolk area (the Surgery)

CUHFT

5. Mrs A complains about the following aspects of care her mother, Mrs G, received from CUHFT between January 2021 and November 2022: • aggressive womb cancer was not operated on quickly enough which allowed the cancer to spread • Mrs G received no follow-up care following surgery in June 2022, despite regular bleeding, and • CUHFT failed to arrange imaging scans at a nearby hospital in October 2022 to investigate Mrs G’s continued bleeding.

6. Mrs A says her family are devastated by Mrs G’s death. She says if CUHFT had provided timely treatment and managed her condition correctly following surgery, she may not have suffered as much as she did. Mrs A says the experience has been very upsetting and distressing to her and her family.

7. Mrs A wants CUHFT to acknowledge it made mistakes and for it to improve its service. She also wants CUHFT to pay her a financial remedy.

WSFT

8. Mrs A complains about the following aspects of care her mother, Mrs G, received from WSFT between April and November 2022: • the Emergency Department (ED) failed to identify her mother’s serious condition on 29 August and no urgent referral, tests or scans were arranged • Mrs G was not transferred to intensive care on 1 October following a number of significant health issues, and • staff failed to appropriately communicate details of her mother’s palliative care.

9. Mrs A says her family have been greatly affected by the lack of care and compassion shown toward Mrs G. She says her mother suffered unnecessarily and is upset and frustrated about the lack of care she received.

10. Mrs A wants WSFT to acknowledge it made mistakes and for it to improve its service. She also wants WSFT to pay her a financial remedy.

The Surgery

11. Mrs A complains about the following aspects of care her mother, Mrs G, received from the Surgery between August and November 2022: • the Surgery did not act on her requests to chase secondary care for an update on Mrs G’s treatment • there was a delay in arranging tests in August and September including an anaemia test, which was only carried out on 30 September, shortly before Mrs G’s death • Mrs G’s continued bleeding was not dealt in a timely manner and was not treated as an emergency, and • 18 ‘askmyGP’ requests had to be sent to get clarity around Mrs G’s care.

12. Mrs A says her mother suffered unnecessarily and this was hard for her and her family to bear. She says the lack of support from the Surgery only added to their upset and distress.

13. Mrs A wants the Surgery to acknowledge it made mistakes and for it to improve its service. She also wants the Surgery to pay her a financial remedy.

14. Mrs G was diagnosed with high-grade uterine cancer in 2021 and underwent a hysterectomy (a surgical procedure to remove all or a part of the uterus) in June 2022.

15. Mrs G sadly died in October 2022.

18. The law says we cannot investigate a complaint where a person has (or had) the option to take legal action, unless we consider it is (or was) unreasonable under the circumstances.

19. A person may pursue a clinical negligence claim and seek compensation if they believe poor care and treatment caused them an injury. This can also include psychiatric (emotional) injury.

20. Mrs A tells us her mother sadly died on 14 October 2022 and had CUHFT, WSFT and the Surgery provided timely and appropriate treatment, her mother may not have suffered as much as she did. She says this had a significant emotional impact on her and her family. Mrs A is seeking around £10,000 to put things right.

21. We understand Mrs A has not yet approached a solicitor to see if they are willing to take on her complaint. We discussed these matters with Mrs A alongside the outcomes she wants to better understand if legal action may be better suited for her.

22. We recognise Mrs A also seeks service improvements alongside a financial remedy. We appreciate service improvements are not something a clinical negligence case typically achieves. However, improvements may come about indirectly because of a claim.

23. Our Service Guidance says if someone seeks a mix of outcomes, some of which they cannot achieve through legal action, we should still consider if it is appropriate for someone to pursue legal action. We do not consider whether legal action would succeed, only whether it would be a reasonable option to explore.

24. We appreciate Mrs A and her family have been through a traumatic experience and we do not wish to add to this. We must, however, consider whether we may be doing her a disservice if we took on her complaint at this stage.

25. It is clear Mrs A feels she should be awarded a significant sum to put right the emotional impact she says both her and her family have experienced. The courts may therefore be better placed to achieve the financial remedy she seeks.

26. We are also aware it has been some time since the events took place. It is therefore important for Mrs A to seek independent legal advice as soon as possible about what options remain open to her.

27. We have therefore decided it is reasonable for Mrs A to seek some independent legal advice. It is important for Mrs A to be fully aware of what legal action may be able to achieve for her. Mrs A could, for example, take her concerns to a solicitor and there is the potential her claim could be considered on a ‘no-win-no-fee’ basis.

28. Mrs A could come back to us if solicitors decline to consider her complaint or if they cannot achieve all the outcomes she wants. If Mrs A chose to return, we would need to carefully consider at that stage if it is appropriate for us to look into her complaint. We may also need to review any correspondence she received from those solicitors.

29. It is also important to stress that if Mrs A wants to come back to us following her legal enquiries, she must do so promptly. Should Mrs A delay in coming back to us, it may mean we cannot consider her complaint.

1. We have carefully considered Mrs A’s complaint about CUHFT, WSFT and the Surgery. We are sorry to hear of Mrs A’s concerns about the care her mother, Mrs G, received before she died.

2. We have decided it is reasonable for Mrs A to seek independent legal advice on her complaint. This means we cannot consider her complaint further at this stage.

3. We recognise how deeply Mrs A has been affected by Mrs G’s death and we do not underestimate how difficult it has been for her or her family.

4. Although we are unable to look into Mrs A’s complaint at this stage, we hope this statement clearly explains the reasons for our decision and why it is important for her to seek independent legal advice in the first instance.