East Suffolk and North Essex NHS Foundation Trust

4. Mr O complains about the care and treatment provided to his twin daughter’s by East Suffolk and North Essex NHS Foundation Trust from 22 November 2022 – 19 February 2023. Specifically, he says the Trust:

• failed to provide timely tests and treatment and did not act upon his repeated concerns about the twin’s deteriorating respiratory conditions • failed to provide preventative antibiotics and additional checks to child H and discharged her when she was not well enough to go home • made the same mistakes with child I as they had with child H weeks earlier • carried out an invasive spinal procedure on child H to test for meningitis and failed to tell the family about a potential bleed on the brain • made clinical decisions about their treatment based on staff availability.

5. Mr O told us due to negligent care child I contracted sepsis and pneumonia and went into organ failure. He says she was transferred to a high dependency unit and placed on a ventilator. He says they did manage to save her life but there was a time they thought she was going to die.

6. He says as the result of negligent care child H stopped breathing, was placed on a ventilator and prepared for an emergency operation. He says she spent over a week in the high dependency unit, and they feared they would lose her.

7. He tells us the inadequate care provided by the Trust has had a severe and lasting impact on his family. He says the twins, being high-risk premature infants suffered avoidable deterioration in her health, requiring transfer to a high dependency unit, life-saving interventions and an extended hospital stay. He says the emotional and psychological toll on his family has been immense, as they had to witness the twins struggle due to the negligence in their care.

8. Mr O said he and his wife had to live in a charity-funded house close to the high dependency unit for six months. Mr O was unable to work properly during this time and lost out on substantial earnings. He says there were additional costs associated with this such as having to pay for expensive convenience food.

9. Mr O says the stress and anxiety of repeatedly raising concerns that were not acted upon have had a lasting impact on their well-being. The feeling of helplessness watching the twin’s condition worsen without proper medical intervention and fearing he may lose them was incredibly distressing. The failure to listen to his parental concerns added to their trauma.

10. He says witnessing the twins struggle and deteriorate due to preventable circumstances has shaken their Trust in the healthcare system and underscored the urgent need for systemic improvements to prevent similar situations in the future. He says this experience not only impacted the twin’s immediate health but left him and his wife with ongoing emotional scars and a deep-seated anxiety about the adequacy of future medical care.

11. Mr O would like an explanation and apology, service improvements and financial compensation in excess of £2,000.

12. On 27 October 2022, Mr O’s twin daughters were delivered seven weeks prematurely by caesarean section. Soon after giving birth, his wife went into cardiac arrest as staff had failed to notice signs of internal bleeding (this is subject to a separate complaint which Mr and Mrs O have taken to a solicitor). Mr O was caring for his new born twins at home on his own while his wife recovered in hospital 90 minutes away. At four weeks old the twins started showing signs of respiratory distress.

14. The Health Service Commissioners Act 1993 (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 have discussed this with Mr O to understand his circumstances and the outcome he wants. We do not consider whether legal action would succeed, but whether it would be a reasonable option to look in to.

15. We have carefully considered Mr O’s complaint about the care and treatment provided to his twin daughters by East Suffolk and North Essex NHS Foundation Trust. We have decided it is reasonable for Mr O to pursue an alternative legal remedy.

16. Mr O could potentially pursue a clinical negligence claim as he says his twins, being high-risk premature infants suffered avoidable deterioration in their health, requiring life-saving interventions and an extended hospital stay. He says the emotional and psychological toll on his family has been immense, as they had to witness the twins struggle to survive due to the negligence in their care.

17. Mr O says the stress and anxiety of repeatedly raising concerns that were not acted upon have had a lasting impact on his and his wife’s well-being. The feeling of helplessness watching their twin’s condition worsen without proper medical intervention was incredibly distressing. The failure to listen to their parental concerns and the resultant emergency transfer to a high dependency unit added to their trauma.

18. He says this experience has not only impacted the twins immediate health but has left him and his wife with ongoing emotional scars and a deep-seated anxiety about the adequacy of future medical care.

19. Mr O seeks financial compensation in excess of £2,000 and would like to discuss his claim with a solicitor to understand if he could claim more than this. Mr O said he would like to claim for loss of earnings and the costs associated with living away from home for six months while having to live in a charity-funded house close to the high dependency unit.

20. Mr O told us he had already made enquiries with a solicitor prior to making his complaint to the Trust. He told us the solicitor told him to complain to the Trust first before making a legal claim. Mr O said he brought his complaint to PHSO rather than go back to the solicitor after the Trust had carried out its investigation as the Trust had signposted him to PHSO.

21. After discussing his compensation claim with us, Mr O said he would like to return to the solicitor to further explore a clinical negligence claim.

22. We discussed any barriers Mr O may have to taking legal action. Mr O has told us there are no barriers to exploring his legal options on a ‘no win, no fee basis’. Mr O has advised he would not be able to afford to take legal action unless it were on this basis.

23. We have advised Mr O if there are any outstanding concerns that cannot be achieved through the legal claim, or if he finds he is not able to make a legal claim, he can bring the complaint back to us to consider further. We have told Mr O about our time limit.

24. We are closing Mr O’s complaint as there potentially is an alternative legal remedy and it is reasonable for him to pursue this.

1. We have carefully considered Mr O’s complaint about East Suffolk and North Essex NHS Foundation Trust (the Trust).

2. We understand the health and wellbeing of his twin daughter’s is of the utmost importance to him and recognise this has been a particularly difficult time for him and his family.

3. We consider Mr O could take legal action on the matter he has brought to us.