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A practice in the Brent area

P-003171 · Statement · Decision date: 18 November 2024
Complaint (AI summary)
Ms F complained about severe shoulder pain and injury (SIRVA) after a tetanus vaccination due to excessive pressure, and the Practice refused to see her.
Outcome (AI summary)
The complaint was closed. The ombudsman advised Ms F could pursue legal action regarding the matter.

Full decision details

The Complaint

3. Ms F complains about the treatment she received at the Practice whilst having a tetanus vaccination on 6 February 2024.

4. Ms F specifically complains:

• the Practice nurse applied more pressure than usual whilst administering the injection • the Practice refused to see her when suffering from severe pain, instead the Practice advised she take paracetamol.

5. Ms F says six hours after the injection she woke up in agony and was unable to move her arm.

6. Ms F explains the Practice refused to see her so she had to go to an urgent treatment centre where she was told she could be suffering from Shoulder Injury Related to Vaccine Administration (SIRVA)

7. Ms F paid for a private scan which showed ‘significant free fluid, torn supraspinatus tendon and impingement’ caused by SIRVA.

8. Ms F says she had to live with her parents for a few months as she was unable to dress herself, cook or clean and was also signed off work for a long period of time.

9. Ms F explained she is still in constant pain.

10. She further explained she is a semi-professional viola player and was unable to play for months and is still struggling to play.

11. Ms F says she is a veterinary nurse and is now unable to lift animals and therefore has been put on very limited duties at work.

12. Ms F says she is suffering from depression and anxiety and has had to increase her anti-depressant medication. Ms F says she has had to spend her own money on scans as the NHS wait list is so long and the Practice have not accepted responsibility.

13. Ms F would like a financial remedy.

Background

14. On 6 February 2024 Ms F had a tetanus injection administered by a nurse at the Practice.

15. The day after, on the 7 February 2024, Ms F submitted an online patient triage form to Practice due to severe pain following the injection. The GP advised Ms F to take pain relief and to contact the Practice if the pain did not settle within a few days.

16. Later that day Ms F attended the Urgent Care Centre (UCC). The nurse said, ‘There was a small needle insertion over the proximal humerus rather than mid deltoid where there was an old, healed injection site.’ The nurse advised Ms F’s pain was likely to have been caused by the location of injection and to take pain relief and review with her GP.

17. On 12 February 2024 Ms F submitted a patient triage form to the Practice requesting a referral for a scan. A GP at the Practice agreed to the referral and processed it the same day.

18. Ms F submitted a complaint to the Practice on 13 February 2024 with the Practice responding on 19 February 2024. Ms F was unhappy with the Practice response and the complaint was re-opened.

19. On 19 March 2024 Ms F contacted the Practice because she had been informed the waiting list for an ultrasound scan is a few months. Ms F said she had been advised to contact the Practice regarding alternative imaging centres or providers.

20. Ms F emailed the Practice on 22 Marc 2024 to inform them a private ultrasound scan had taken place. The email explained she had been informed the injection being administered in the wrong place had caused a tear in her tendon and free fluid build-up. Ms F requested this was included in her complaint.

21. Ms F received the final response from the Practice on 22 April 2024. The response explained the Practice were unable to conclusively establish that the administration if the tetanus needle was the cause of Ms F’s injury.

Findings

Administration of vaccine

23. 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 Ms 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.

24. Clinical negligence takes place when a patient who underwent a treatment becomes injured as a result of that treatment. Failure to carry out appropriate treatment could also amount to the negligence.

25. Miss Pearson claims her physical, and mental health has worsened because of the poor care and treatment. Ms F is seeking a high financial remedy of £12,500 or more from the Practice. We consider she potentially has a cause of action for clinical negligence.

26. We have discussed with Ms F any barriers to her seeking a legal claim. We have carefully considered Ms F’s concerns relating to the potential costs of a claim but do not consider this reason would prevent her from seeking legal advice at this stage.

27. Ms F explained she finds interactions with people difficult, including phone calls etc. She says she has found the process making a complaint difficult which can at times can keep her awake going over and over it.

28. Ms F further explained her quality of life has decreased significantly since the shoulder injury which contributes to her anxiety and depression.

29. We acknowledge Ms F finds making telephone calls difficult and the complaints process can have an impact on her mental health. We must also acknowledge a solicitor would be able to support her through the process and would request medical records or any specialist advice required on her behalf.

30. Ms F can contact her local Citizens Advice Bureau or AVMA (Action Against Medical Accidents) to get further advice and support prior to initiating a medical negligence claim.

31. We considered the time limitations on Ms F’s claim to the court. A claim to the court should be made within three years. In Ms F’s case the events at the Practice were less than three years ago.

32. If Ms F discovers there is no legal route available to her, she can bring her complaint back to us. The law says you need to make your complaint to us within one year of becoming aware of the problem. We cannot consider complaints brought to us after one year unless we consider there is a good reason to do so.

33. We do not wish to underestimate the impact on Ms F. We are sorry to hear of the upset and distress caused to Ms F and the impact this has had on her physical and mental health.

34. We will take no further action on this complaint and thank Ms F for bringing her concerns to us.

Our Decision

1. We have carefully considered Ms F’s complaint about a practice in the Brent area (the Practice). We are sorry to hear about the incident Ms F describes and understand this is distressing and has impacted on both her physical and mental health whilst also affecting her daily life.

2. We consider Ms F could take legal action on the matter she has brought to us.

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