Maidstone and Tunbridge Wells NHS Trust

3. Mr R (represented by his wife Mrs R) complains the Trust did not correctly monitor and delayed giving him antibiotic treatment for an infection relating to his cystic fibrosis from December 2022 to February 2023.

4. Mr R says the delays and lack of monitoring negatively impacted his physical health. It lowered his lung function to ‘dangerous levels’ which could ‘have cost him his life’. He also feels anxious and distressed after this traumatic experience. He says he struggles to think about the time he was under the Trust’s care due to the psychological impact it had on him.

5. By bringing this complaint to us, Mr R wants the Trust to:

• provide an explanation why his antibiotic treatment was delayed and not monitored properly • provide confirmation of service changes so others will not experience a similar situation • provide a financial remedy.

6. Mr R was admitted to hospital on 26 December 2022. He was diagnosed with an infection relating to his Cystic Fibrosis. Cystic Fibrosis is an inherited condition which causes a build-up of mucus in the lungs and digestive system.

7. Mr R says Trust staff did not put in place an appropriate antibiotic treatment plan to treat his infection. This meant his antibiotics were delayed and not monitored correctly. He told us his condition significantly deteriorated and his lung function dropped to ‘life threatening’ levels. The Trust discharged Mr R on 1 February 2023.

8. Mr R sent a complaint to the Trust on 13 February 2023. It agreed to investigate the complaint and sent its response on 6 September. Mr R remained unhappy with its findings, so he sent a further complaint on 14 September. The Trust agreed to investigate the outstanding issues and sent its final response on 6 April 2023.

11. The law says we cannot investigate a complaint if there is, or was, a legal remedy that the person could pursue, or could have pursued, unless it is (or was) not reasonable to do so.

12. In Mr R’s case, he told us Trust staff did not put in place an appropriate treatment plan to monitor and administer his antibiotics correctly. He says this meant the infection was left untreated, his health significantly deteriorated, and his lung function became worse. That said, Mr R feels his care fell below the reasonable standard expected. He is seeking a large financial remedy, service improvements and an explanation about his care to put this right.

13. As Mr R told us his health has physically suffered due to poor treatment, we consider he could potentially pursue his complaint via a clinical negligence claim. Mr R could potentially achieve financial remedy as the result of a legal claim. He would also likely get an explanation about his care through the course of legal proceedings. We would like to make it clear we have not reached a view on how successful any potential legal claim might be.

14. During our telephone call of 11 July 2024 with Mr R and his wife, we explored the possibility of legal options. Mr R told us he has thought about pursuing legal action, but he was unsure how to approach it. We explained he could contact a solicitor as they would be best placed to give this advice. Mr R did not make us aware of any barriers preventing him from seeking legal advice. He is in time to make a legal claim and confirmed he wanted to explore this option.

15. In summary, we have not seen a good reason preventing Mr R from approaching a solicitor for legal advice about his case. In line with our law, he should see if this option is available to him first to achieve the outcomes he is seeking. We recognise Mr R would also like to achieve service improvements as an outcome of his complaint. Should this still be the case after he explores any legal action, or if legal action is not available to him, he could potentially approach us again to consider his case.

16. We appreciate this has been a very challenging and upsetting experience for Mr R and his wife. We would like to thank them for their time and wish them the best for Mr R’s future care.

1. We have carefully considered Mr R’s complaint about Maidstone and Tunbridge Wells NHS Trust (the Trust). We are very sorry to hear Mr R was unwell with an infection during his hospital admission in December 2022. This has been a difficult and distressing experience for him, and it has left him with significant anxiety about his future care. We do not underestimate the effort it has taken to bring these concerns to our attention.

2. Mr R told us he would like to speak to a solicitor about his complaint. As he is seeking legal action, we have decided not to consider his complaint further. We explain the reasons for this below.