Royal Free London NHS Foundation Trust

4. Mr I complains about the care and treatment the Trust gave his daughter from April to November 2021.

5. He complains the Trust:

• did a surgical procedure on his daughter without consent from her or a family member • did not communicate effectively with him or his family • did not give effective nursing care, which led to his daughter developing pressure (bed) sores • did not treat his daughter’s pressure sores in good time • stopped her physiotherapy sessions without consulting the family when she did not have the capacity to make the decision herself • did not meet his daughter’s basic care needs like washing her • did not treat his daughter’s infected nose tube, which he says damaged her brain and caused her death • did not put an accurate cause of death on her death certificate.

6. Mr I says he feels his daughter’s death could have been avoided if she got better care and treatment, and that feeling will have a lasting impact on him and his family.

7. He says his daughter’s death was a big shock to him and his family because her decline was quick and unexpected. He explains he has been left to deal with the memories of his daughter in hospital and this causes upset and distress to him and his family.

8. Mr I would like financial compensation.

9. Mr I’s daughter was diagnosed with HIV in 2006. HIV (human immunodeficiency virus) is a virus that damages the cells in your immune system and weakens your ability to fight everyday infections and disease.

10. In April 2021, she became unwell and was admitted to the Trust with severe diarrhoea and kidney impairment secondary to cryptosporidium (a microscopic parasite) infection.

11. The Trust treated the infection for many months. Miss I also developed severe complications of fluid and electrolyte (salt) losses, due to the severe diarrhoea that showed her gastrointestinal tract (the stomach and intestines) was not functioning well.

12. Miss I also had multiple infections including a yeast infection in the blood.

13. Miss I sadly died at the end of November 2021.

15. 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.

16. We discussed this with Mr I to understand his circumstances and the outcomes he wants. We do not consider whether legal action would succeed, but whether it would be a reasonable option to look into.

17. A legal route exists when there is a proper legal cause of action and the outcome the complainant wants is achievable through that action. Citizen’s Advice says an individual can make a clinical negligence claim when they have ‘been injured as a result of medically negligent treatment’.

18. Mr I feels that failings by the Trust led to his daughter’s death. He wants a large amount of financial compensation for the overall impact this has had on him and his family. This is something that could be dealt with as part of a clinical negligence claim.

19. Mr I has not made us aware of any barriers that would stop him from taking legal action. He has confirmed he is already speaking with a solicitor and he agreed to look into ‘no win, no fee’ solicitors. He has made it clear that his intentions are to take the case through the courts.

20. A court can independently review the complaint, decide if there has been clinical negligence and award a financial payment if it feels it is due. We hope this information helps Mr I to progress his complaint and achieve the outcome he is looking for.

1. We have carefully considered Mr I’s complaint about the care and treatment his daughter, Miss I, had from Royal Free London NHS Foundation Trust (the Trust). We are very sorry to hear about the sad circumstances of his daughter’s death and the ongoing impact this has had on Mr I and his family.

2. We have looked at what Mr I told us and, based on the outcomes he wants, we think it would be better for him to take legal action.

3. We have decided not to take further action on Mr I’s complaint at this time so he can explore legal action. We hope our advice helps him go on to achieve what he is looking for.