8. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider this is unreasonable in the circumstances. We have discussed this with Miss F to understand her circumstances and the outcomes she wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.
9. Miss F is concerned her mother’s death could have been avoided and was a consequence of failings in her care. She is seeking compensation for this. She could therefore potentially pursue legal action in the form of a clinical negligence claim.
10. Miss F has not explored legal action yet, but she and her family are aware it is a potential option. She complained to us first because she wanted our input. This is understandable as the Practice signposted her to us.
11. Miss F is not seeking a specific amount of financial remedy, but would want something that recognises the seriousness of what has happened. She has not indicated there would be any specific barriers to pursuing legal action and she is well within the three year time limit for doing this.
12. We therefore consider it would be in Miss F’s best interests to pursue this now. It is open for her to return to us if legal action is unsuccessful or does not achieve the outcomes she seeks. She would need to act promptly, without delay.
13. Miss F has told us that alongside financial remedy, she would also like the GP who saw her mother to face disciplinary action. We discussed that we do not have the legal powers to recommend this type of action. To pursue this she would need to contact the professional regulators for doctors, the General Medical Council (GMC).
14. As we consider Miss F could explore the legal route and raise her concerns with the GMC, we have decided not to consider her complaint further at this time. We understand how important this matter is to her, and we thank her for taking the time to raise this with us. We wish her all the best going forwards.