3. Miss V complains the Practice incorrectly prescribed her antibiotics, for a cough, without a physical examination in January 2024.
4. She said this has led to her now having permanent tinnitus, as a side effect. This means she has trouble with sleeping and relaxing, due to the constant ringing in her ears.
5. She is looking for an apology, an explanation, service improvements and a financial remedy.
8. Miss V told us that as a result of the Practice prescribing antibiotics she has developed permanent tinnitus.
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. As Miss V is claiming a permanent change to her hearing, as a result of being prescribed antibiotics, it is possible she may be able to take legal action for clinical negligence. Clinical negligence is something people can take to court.
11. The Practice has apologised to Miss V for any inconvenience it has caused. It has also provided her with a detailed explanation of events and the reason for prescribing the antibiotics.
12. Miss V initially told us she is looking for a financial remedy of between £1,250 - £3,700. If she were only seeking this amount, we may have considered it was disproportionate for her to take legal action. However, she also told us that she will take legal action if the Ombudsman does not resolve her case. Depending on our findings, she may decide to take legal action to achieve more. She has already spoken to a solicitor who said she should bring her complaint to us. Therefore, it is reasonable to say she is looking for a more significant sum.
13. On this basis, it could be possible a legal claim could achieve more compensation for Miss V than we could, if we were to uphold her complaint.
14. The solicitor incorrectly advised Miss V she needed to approach our service to get more evidence to pursue a legal claim. It is not our role to carry out preliminary work to support a legal claim. If a legal claim is available, the law says a person should pursue that first.
15. In terms of barriers to pursuing legal action, Miss V has not told us of any barriers. She told us she has already spoken to a solicitor about her complaint. We can see no barriers to Miss V pursuing a legal claim.
16. We have thought about the other outcome Miss V seeks. She is looking for service improvements. This may not come as a direct result of legal action but may be a by-product.
17. For these reasons, it is reasonable for Miss V to continue to pursue a legal claim.
18. We recognise how difficult it can be to make a complaint and thank Miss V for bringing her concerns to us. We hope she begins to feel better and her quality of life improves.
1. We have carefully considered Miss V’s complaint about a practice in the Manchester area (the Practice). We were sorry to hear of her concerns about the treatment she received and the long term impact this has had.
2. We have considered all of the information you have provided and we conclude that she should be able to take legal action on the matters you have brought to us.