Warrington and Halton Hospitals NHS Foundation Trust

3. Mr A complains that the Trust failed to properly monitor his father, Mr T’s, post-operative condition following hip replacement surgery and escalate concerns regarding his deterioration over 12 and 13 May 2023.

4. He said because of this his father deteriorated and died on 13 May 2023. He believes had his father’s condition been escalated sooner, he would still be alive.

5. He also complained that the Trust failed to properly communicate with his mother, Mrs T about his father’s deterioration until he was transferred to critical care at a separate hospital within the Trust.

6. He said his mother went home from the hospital believing that his father was okay and being treated based on his presentation, yet hours later he died. He said his mother was unable to be with his father when he died which has caused her significant distress and stopped her grieving.

7. Mr A wants an acknowledgement of any failings and a financial remedy to put things right.

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 do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

11. We discussed this with Mr A to understand the circumstances and outcomes he wants. We understand that Mr A wants an acknowledgement of failings and financial compensation to put things right.

12. Financial compensation is something that can be pursued through legal action, specifically through a clinical negligence claim. Following legal proceedings, sometimes organisations will acknowledge failings. This means that it is also possible that Mr A could achieve all of his outcomes following any legal action.

13. We are generally not able to provide the same levels of financial remedy that a court can. Whilst we can make some recommendations for financial remedy, we consider the courts are the best place for Mr A to see if he can achieve the outcome he is seeking.

14. We have considered all the relevant and the law. Mr A is still in time to pursue legal action. The legal route is best suited to achieve the outcomes he seeks. We do not see any barriers to prevent him from exploring this option and we think it is reasonable that he does so. We have therefore decided not to consider the complaint further.

15. We understand how much this matter means to Mr A and thank him for sharing the details of his complaint. It is important we consider and act within the law and we hope this statement clearly explains the reasons for our decision.

1. We have carefully considered Mr A’s complaint about the care and treatment the Trust gave his father Mr T. We consider that Mr A could take legal action on the matter he has brought to us. On this basis we have decided not to consider the complaint further.

2. We were sorry to hear of Mr T’s sad death and how this has impacted Mr A, Mrs T and their family. We thank him for bringing his concerns to us and his candour when sharing their experience with us.