Mid and South Essex NHS Foundation Trust

3. Miss A complains about the following aspects of care her grandfather, Mr B, received from Bedwell Ward at Mid & South Essex NHS Foundation Trust:

• Staff did not keep her or her family well informed throughout Mr B’s admission. Miss A explains staff did not update her on Mr B’s worsening clinical condition, did not tell her he had undergone a scan on his parotid glands, did not tell her they were giving him insulin and did not tell her Mr B would not be discharged home on 23 January 2024 as planned.

• Staff did not investigate or treat Mr B’s worsening clinical condition promptly. Miss A is concerned that her grandfather was considered medically fit for discharge prior to moving onto Bedwell Ward, however upon his admission there he developed an eye infection, a cough (the flu and pneumonia) and had blood in his urine. She does not feel he was provided with appropriate treatment for these conditions.

• Nursing staff did not manage Mr B’s pressure ulcer, fluid intake and nutritional intake appropriately.

4. Miss A explains that this caused her grandfather unnecessary pain and discomfort during his admission. She feels her grandfather may have had a greater chance of survival if staff provided him with appropriate care and treatment. Miss A explains this caused her and her family significant upset, distress and grief.

5. Miss A would like the Trust to improve its service. She would also like a financial remedy.

6. In December 2023, Mr B was feeling unwell and had a urinary tract infection. His family took him to the Trust where staff admitted him for care and treatment.

7. After providing treatment, Mr B’s clinical condition improved so staff planned to discharge him home with a care package. Sadly, during this period, Mr B contracted the flu and pneumonia. His condition became critical and he died whilst at the Trust.

10. 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.

11. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to. We have discussed this with Miss A to understand her circumstances and the outcomes she wants.

12. Miss A’s key concerns relate to the clinical issues around the care and treatment her grandfather received. She explains the failings in his care and treatment decreased his chances of survival and contributed to his premature death. She would like a financial remedy to help put matters right. This suggests she could consider making a clinical negligence claim.

13. After discussing this with Miss A, she explained that she is looking for £10,000 or more. The courts are normally better suited to achieve higher sums of a financial remedy. We told Miss A this and she confirmed a financial remedy was one of her main outcomes and she wanted us to achieve it.

14. We recognise that Miss A would also like service improvements. This outcome can be achieved directly through us, but also indirectly through legal action.

15. We asked Miss A if there were any reasons why she would not be able to achieve a resolution to her concerns through the legal route. Miss A told us that she would like to see the outcome of our investigation first before considering this option. This suggests that there are no barriers to her considering the legal route at this stage.

16. Because of the significant financial sum Miss A is seeking, it appears in her best interest to explore the legal route further at this stage. We cannot consider her concerns further because it appears the legal option is a reasonable option for her explore.

17. If Miss A is unable to pursue legal action, she may decide to bring his complaint back to us. If that happens, we will need to consider our legal time limit, so it is important she returns promptly. We will also check how far she got with the legal process to understand why she has returned to us. This is because we may be limited in what we can then consider.

1. We recognise the circumstances surrounding Miss A’s complaint have been very difficult for her. We would like to thank her for taking the time to raise her complaint with us.

2. After carefully considering Miss A’s complaint, we consider Miss A could take legal action on the matters she has brought to us. For this reason, we cannot consider her concerns further at this stage. We have explained this in further detail below.