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. We discussed this with Miss O 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.
11. Clinical negligence is when avoidable mistakes cause harm to the patient. In this case, Miss O complains her mother’s doctor did not make the relevant specialist referrals in a timely manner. She said this led to her mother’s condition getting worse and her passing away sooner than she should have done. We consider Miss O has a legal cause of action for the clinical negligence, as she believes the actions of the Practice caused this significant harm to her mother.
12. During our telephone conversation with Miss O on 16 August 2024, she told us part of the outcomes she seeks is financial compensation in the region of £10,000 to resolve her complaint.
13. It is not our role to advise whether someone has a claim or the merits of a potential claim. When a person seeks substantial financial remedy (as in this case) we consider they should seek legal advice as to whether they may have a legal route open to them.
14. There are a few reasons for this: • Strict time limits apply to legal claims, so it is not advisable for someone to follow the complaints route first without seeking advice if they think they have a claim or seek a large sum.
• If we were to find failings, we may not recommend a financial remedy at the level sought. A legal route may reach a higher figure.
• Our recommendations are not enforceable in the way compensation is via a legal route. If there are failings, the complainant may be more likely to obtain the remedy via a legal route.
15. In our telephone conversations with Miss O on 16 August 2024, she told us she has not yet approached any legal firms. She confirmed there are no barriers to her pursuing a legal claim on a no win, no fee basis, and we think she needs to fully explore this.
16. In relation to Miss O’s complaints about the behaviour of the GP on the telephone call and the Practice’s complaint handling, it is very unlikely Miss O could make a legal claim. However, these complaints are closely linked to her complaint about her mother’s treatment. This is because the conversations related to the GP’s decisions around referring her mother to other services. We do not think we could investigate these complaints without also investigating the issues around her mother’s care.
17. Also, the courts may use the recording of the doctor’s telephone call and complaint response as part of any hearing in relation to the Practice’s care of Mrs O. As such, we cannot assume Miss O would not achieve remedies such as acknowledgement of what went wrong, apologies and service improvements through legal action as a by-product. We explained to Miss O that she may return to us if she does not achieve any/all the outcomes she seeks through legal action.
18. We explained to Miss O that if she does return to us, she should do so as soon as possible. This is because by law, we can usually only consider complaints made within 12 months of a person becoming aware of the events complained about.
19. We have considered if it is reasonable to expect Miss O to pursue a legal route. We are satisfied an alternative legal remedy is available to her, that there are no barriers to her approaching suitable legal firms, she is happy to do this and intends to do so.
20. Therefore, we will not be taking any further action on her complaint at this time. Miss O has no objections to this. We thank her for taking the time to discuss her complaint with us and we hope we have explained our decision clearly.