7. The Health Service Commissioners Act 1993 says we cannot investigate a complaint if there is (or was) a legal route that the complainant can (or could have) taken, unless it is (or was) not reasonable in the circumstances.
8. Mr A complains the Trust missed a fracture on his spine in February 2020. An old fracture was noted on his CT scan, but the Trust did not tell Mr A about this and he was sent away with advice to take painkillers. In August 2020 Mr A damaged his back while picking up some bags. He went to the Trust again and was told about a historic fracture which he thinks was the injury from February.
9. Mr A says the missed fracture has caused a lot of pain. He has had several meetings with different doctors from the Trust, where he has asked for second opinions.
10. Mr A may be able to make a clinical negligence claim.
11. We discussed the amounts of compensation we typically recommend if we found failings that linked to an injustice (how someone is affected by what happened). Mr A said because of his lost earnings in the last two years he would be looking to claim much more money than we would be likely to recommend. Mr A said he would look to have the case taken legally on a ‘no win no fee’ basis and had spoken to two solicitors.
12. We think Mr A’s case is suitable for legal action as it is more likely to be able to get him the financial payment he wants. It may also be able to get him the apology and service improvements he wants.
13. Mr A has until August 2024 to get legal advice and take legal action (because of the time limits for this type of claim). We do not want him to lose this opportunity. Mr A can bring the complaint back to us if he cannot take legal action or it is unable to achieve all the outcomes he wants.