A practice in the Thurrock area

3. Mr A complains about Surgery X (the Practice) and Mid and South Essex NHS Foundation Trust (the Trust) regarding the care provided to his father, Mr A Senior in 2023.

The Practice 4. Mr A says the Practice: • failed to refer his father for a two week wait cancer referral in early 2023 after he developed new symptoms including blood in his urine and progressively worsening pain and mobility in his pelvis, and an abnormal cystoscopy result in February 2023.

5. His father was diagnosed with late-stage bladder cancer following a visit to A&E and an MRI in July 2023 to seek help for his pelvis pain.

The Trust 6. Mr A says that following his father’s diagnosis and admission to hospital, the Trust did not to manage his father’s care correctly. He says the Trust: • failed to manage his father’s pain adequately • failed to provide adequate bedding to prevent pressure sores • placed his father on an unsuitable ward for a patient who was dying of cancer • failed to communicate the severity of his father’s prognosis until it was too late, not informing him his father was palliative care until 5 days before he died.

7. Mr A says that, as a result of the Practice not acting soon enough, his father’s cancer was diagnosed late and opportunities for a better outcome were missed. He says that poor care from the Trust caused his father to suffer more in his final weeks than he should have, and his family lose their opportunity to prepare for his death and spend quality time with him.

8. Mr A seeks acknowledgements of failings, for the Practice and Trust be held accountable for any failings and a financial remedy.

11. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider it is not reasonable for them to do so. We do not base our decision on how successful legal action would be. Rather, we consider whether legal action is a reasonable option for someone to pursue.

12. We discussed this with Mr A to understand his circumstances and the outcomes he is hoping to achieve. We do this to help work out if we are the most suitable route to resolving a complaint. While we can

13. Mr A told us that his motivation for complaining is to ensure the Practice and Trust are held accountable for mistakes. He was unsure of what this should look like in practical terms. He said he is not particularly motivated by seeking service improvements or financial remedy. Following discussions with us, where we explored different kinds of outcomes that may be sought in the event a complaint is upheld, he feels he should establish what his options are.

14. The circumstances he describes in his complaint suggest a very serious injustice and one which could match the description of a clinical negligence claim. Consequently, any compensation linked to that claimed injustice would probably be at the high end of such sums. While we can achieve financial remedy in some situations, the Courts can, and often do, achieve much higher sums.

15. The time limits for taking legal action are strict and we are barred from considering any complaint that has been, or may be, subject to legal action. We must consider if us considering a complaint in more detail, which would take time, would result in a complainant losing the opportunity for a better outcome via the Courts.

16. We also believe it is important that, before we consider if we are the right way forward, that Mr A fully explores the potential legal route first. We do not wish him to have any uncertainty later about the path not taken. We cannot give the complaint deeper consideration while there is still some question around this. Before we consider this complaint further, we also wish to be confident there is not a more suitable way forward for him and his family.

17. Mr A has told us he would like to find out if there is a possibility of a legal claim now, while he still has the opportunity make an informed decision on what to do in that event. Should there not be one, we can be reapproached. This would confirm there is no barrier to us considering the complaint further on that basis, whereas currently that is uncertain.

18. Alternatively, if there is a legal claim in principle, but there is some other reason why this is not being taken forward, we would be happy to discuss this with him. We may then reconsider if we think it is still reasonable to pursue a legal claim. If not, we may decide to consider the complaint further if this is more in line with what he hopes to achieve. We would need to establish if anything has changed from now following his enquiries to justify that decision.

19. Should Mr A want to bring his complaint back to us, he should do so as promptly as he can. We have a time limit for looking at complaints, which is 12 months from the date the person was aware they had reason to complain. While his initial complaint has been raised with us in a reasonable timeframe, we still need to ensure there are no unaccounted-for delays later. Therefore, we ask that he returns to us without delay if he needs to after making legal enquiries.

20. We have considered the relevant factors and law. Mr A could take legal action on the issues he has brought to us. We do not see any barriers to prevent Mr A from pursuing legal action, should a claim be available, and we think it is reasonable that he explores this option. We have therefore decided not to consider the complaint further.

21. We recognise how important this matter is to Mr A and how the death of his father, and the circumstances leading up to this sad event, have affected him and his family. We thank him for bringing this complaint to our attention.

1. We have carefully considered Mr A’s complaint about Surgery X and Mid and South Essex NHS Foundation Trust. We have decided not to consider the complaint further. This is because we consider Mr A could take legal action on the matter he has brought to us.

2. We are sorry to hear about the circumstances that have brought Mr A to our Office. We offer Mr A and his family our deepest condolences for the loss of his father, Mr A Senior.