20. Before we decide if we should do a detailed investigation of a complaint, we look at whether there are signs the organisation got something wrong. We do this by comparing what should have happened with what did happen. We have done this and have not seen any signs that something has gone wrong. We go into more detail below.
Anaesthesia
21. Mrs P’s medical records show the Trust gave local anaesthesia in the form of a throat spray before the procedure started. The consent form was signed by Mrs P and says that local anaesthesia was to be given and not a sedative.
22. We understand Mrs P chose to have the throat spray as she needed to take public transport home. Our adviser said it could have been dangerous to give Mrs P a sedative so it right for her to only have the throat spray.
23. The NICE guidance says, ‘The person may be offered sedation before the procedure, and/or given a local anaesthetic to numb the throat.’
24. We have not seen anything wrong with the Trust’s decision not to offer general anaesthesia or sedation and to use a throat spray to numb Mrs P’s throat instead.
Lubricant
25. We have seen no evidence in Mrs P’s medical records to suggest a lubricant was used during her procedure.
26. Our adviser said there is no guidance or policies to say a lubricant should be used during a gastrointestinal endoscopy. They also added in most similar procedures a lubricant is not used.
27. We are sorry to hear about the effects Mrs P said this procedure had on her. A lubricant is not a requirement for such procedures. We consider the Trust did nothing wrong by not using a lubricant.
Stopping the procedure
28. There is no suggestion in Mrs P’s medical records that she signalled for the procedure to stop, or she had to be restrained for the procedure to finish. The Trust said if Mrs P feels that any part of her procedure has not been noted correctly in her records, she can write to it explaining what she feels is wrong and it will add her letter to her medical records. From our understanding, Mrs P has not provided a letter yet.
29. Our adviser said if a patient withdraws their consent during a procedure or signals for a procedure to stop, it must be stopped.
30. The BSG guidance says, ‘We recommend that where a person objects during an endoscopic procedure, the procedure should be stopped.’
31. Our adviser said it is known for some patients to find the procedure uncomfortable and some patients cope by thumping the bed or hyperventilating. They add it is sometimes difficult to know what is consent being withdrawn and what is a patient coping with the procedure.
32. Mrs P’s medical records show the endoscopy lasted four minutes, which our adviser said shows it was not a prolonged procedure. The operation notes also show on a scale of 0 to 5, with 0 being the lowest level of discomfort, Mrs P scored the procedure as being ‘1’ which is described as mild discomfort. This suggests Mrs P tolerated the procedure and coped with the discomfort.
33. We also understand Mrs P was discharged from the Trust to take public transport home very shortly afterwards. There are no notes to suggest there was any concern by either the Trust or Mrs P about this.
34. Our adviser said the photographs from the procedure are very clear and accurate. They said this would suggest Mrs P was still and the photographs were not taken in a hurry. They said photographs can become unclear if the patient is moving.
35. While we will never know exactly what happened during the procedure, we are sorry to hear of Mrs P’s experience.
36. We need to base our decision on the evidence we have. This includes medical records, complaint files, patient accounts of what happened and advice from our advisers. Where evidence contradicts each other, as in this case, we would look to see what is most likely to have happened.
37. Apart from Mrs P’s account of what happened, most of the evidence suggests the procedure ran smoothly and she did not signal for the procedure to stop. We understand Mrs P may have experienced some discomfort but not to an extent where the procedure needed to stop.
38. We understand this will be disappointing to Mrs P but we hope our consideration gives her some assurance.
39. We thank Mrs P for bringing her complaint to us.