8. 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. We have discussed this with Mrs T to understand her circumstances and the outcomes she wants.
9. Mrs T is looking for a financial remedy to address the long-term physical impact caused by the care and treatment she received from the NHS Trust’s involved in her care. We acknowledge the severity of the impact Mrs T has told us about, and how this continues to affect every aspect of her life. We recognise that the amount Mrs T seeks to put things right for her is significant. For this reason, we consider Mrs T has a possible legal remedy available, via a claim of clinical negligence.
10. By not signposting Mrs T to take legal advice at this time, we may be denying her a more significant and appropriate outcome from elsewhere. We understand that the costs of pursuing legal action can be a concern for some people, and so we recommend contacting the following organisations for help and support:
• The Law Society – this is the independent professional body for solicitors. They have a ‘find a solicitor’ function to find the nearest legal adviser who can help with a legal issue.
Online: www.lawsociety.org.uk/contact-or-visit-us Phone: 020 7242 1222
• AvMA – this is a UK charity for patient safety and justice. They support people affected by avoidable harm in healthcare.
Online: www.avma.org.uk/contact-us Phone: 0345 123 2352
• Advocate – this is a charity which finds free legal help from barristers.
Online: www.weareadvocate.org.uk Phone: 020 7092 3960 Email: enquiries@weareadvocate.org.uk
11. There are also strict time limits in place for pursuing a claim of clinical negligence, as the limitation period is three years from the date of knowledge. Given some of Mrs T’s concerns date back to 2016, we consider it imperative she explores her options before any additional time passes.
12. Once Mrs T has explored the legal route in full, if she is not able to pursue it for any reason, she may come back to us, and we could potentially consider it as a new complaint.
13. However, the law also says we can only consider complaints which have been brought to us within 12 months of the person becoming aware of the need to complain. So, Mrs T should approach us promptly if she cannot pursue her complaint via a legal route.
14. We appreciate Mrs T’s strength of feeling about her complaint, and we do not wish to diminish the impact she says these events have had on her. We have considered the relevant factors and the law, and we do not see any barriers to prevent Mrs T from exploring the legal option. We think it reasonable that she explores it, and we have therefore decided not to consider the complaint further at this time.