A practice in the Kirklees area

3. Mr A complains about the Practice after he contacted it in October 2022. Specifically, he complains that: • given his presenting symptoms, the Practice incorrectly diagnosed him with sleep apnoea • the Practice delayed diagnosing him with diabetes and asthma • he was wrongly advised by the Practice to avoid strenuous exercise for six months and prescribed him with blood thinners during this time, which he says were unnecessary • after raising these concerns, he was wrongfully discharged from the Practice.

4. Mr A says as a result of this, as he was unnecessarily advised that he was to take blood thinners it affected his physical health as he was unable to exercise how he wanted and it affected his mental wellbeing as learning of his new way of life was distressing.

5. As Mr Carson began putting on weight due to the advice he was following, he says he received no further support from the Practice even though he asked for it on several occasions. He also says he raised concerns with the Practice about his physical and mental wellbeing to no avail.

6. Mr Carson says he was sent to many unnecessary appointments for a period of ten months. He had to travel to these appointments which he had to pay to get to, pay for parking and take time off work to attend.

7. Mr Carson raised a formal complaint against the Practice and says he was wrongly discharged putting him at risk by leaving him without medication for diabetes and asthma until he arranged a new GP service to accept him as a patient.

8. As an outcome to this complaint, Mr A would like a financial remedy between £3,000 to £9,950.

9. In October 2022 Mr A contacted the Practice because he was struggling with fatigue and breathing which he thought may be linked with long Covid. In response a nurse telephoned him and said they thought he may have sleep apnoea and would need to see a doctor. Mr A says he went to see a doctor and was told he would be referred to a sleep apnoea clinic.

10. In January 2023 following a flight back from Australia Mr A had two blood clots, one in his left leg and the other a week later in his lungs. He spoke to his GP who advised not to do any strenuous exercise for six months and he had to take blood thinners for this duration. He had blood tests and was told he was within the diabetic range and had some issues with his liver. He was diagnosed with Type-2 diabetes on 3 May 2023.

11. In August 2023 Mr A went to see a respiratory consultant who said his test results showed he had asthma and issued inhalers with a review in three months. He did not have sleep apnoea.

13. 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 Mr A to understand his circumstances and the outcomes he wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

14. We discussed the complaint with Mr A and the outcomes he is seeking from this complaint. He confirmed he would like a financial remedy between £3,000 to £9,950.

15. Mr A may have a clinical negligence case. Although we cannot comment on if this would be successful, it is our role to consider if legal action is potentially available to someone and reasonable for them to take. Mr A could pursue a legal claim to achieve the financial remedy he seeks.

16. Mr A said she has not spoken to any solicitors at present but wishes to consult with them to receive advice. After discussing this, Mr A also confirmed there are no significant barriers to stop him from being able to pursue a legal remedy and this is something he will look into. We have not seen any other barriers to stop him taking legal action, or anything to suggest it is unreasonable to expect him to do so.

17. Mr A is aware if his circumstances change, legal action cannot be pursued, or it does not achieve all the outcomes he seeks, he can approach us again in a timely manner.

18. In summary, and in line with the law, we have decided there is a potential alternative legal remedy available to Mr A and it is reasonable for him to pursue this. As such we will not be taking any further action on her complaint.

19. We thank Mr A for bringing his complaint to us.

1. We have carefully considered Mr A’s complaint about a practice in the Kirklees area (the Practice). We consider Mr A could take legal action on the matter that he has brought to us by way of a clinical negligence claim. Because of this, we have decided not to consider this complaint further.

2. We understand how important Mr A’s complaint is to him and recognise what a difficult time this has been.