14. The law says we cannot investigate a complaint if there is, or was, a legal remedy that the aggrieved could or could have pursued, unless it is (or was) not reasonable to do so. In each case we consider whether a court could provide a complete remedy for the matter complained about and achieve the outcomes the complaint is seeking.
15. We have discussed this with Mr E 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 explore.
16. It appears there is a potential clinical negligence action open to Mr E, as he feels poor clinical care led to a worse outcome. Negligence, in law, is an act or failure to act (omission) that does not meet the level of appropriate care expected, resulting in injury or loss. If a doctor or health professional is negligent when giving medical treatment, this is called ‘clinical negligence’.
17. As a legal remedy appears to be open to Mr E, we then need to consider whether it is reasonable for him to pursue the matter in that way. In doing this, we have considered the outcomes Mr E is seeking, including the amount of compensation and whether we are likely to recommend it in relation to the injustice claimed. We discussed the figure Mr E is hoping to achieve by sharing our Severity of Injustice (SOI) scale with him.
18. Mr E confirmed he is seeking a large financial remedy and wanted to attempt to get legal advice believing the Trust’s actions amount to clinical negligence due to the physical harm it caused as a result of surgery.
19. Mr E is unsure what figure would be relevant to his complaint. He explained he has been left with ongoing life changing issues as a result of the surgeries and the failure of the wound management.
20. On 18 December 2025, Mr E advised us he had successfully sought legal advice, and his concerns will now be explored through the legal route.
21. We therefore consider it is reasonable that Mr E explore a potential legal route first, in line with our legislation, as this may provide a remedy for the key concerns Mr E raises and achieve the outcomes he is seeking.
22. We recognise Mr E is also seeking a reconsideration of his place on the plastic surgery waiting list. We consider this may be directly or indirectly a part of a successful legal claim, or this may provide a suitable alternative way forward for Mr E to have the treatment he needs. We therefore consider it is appropriate to wait for the conclusion of any legal advice or claim first, before considering this outcome.
23. If Mr E is unable to continue with his legal action he is welcome to return to us with any additional information about this so we can see if we can consider his complaint further.
24. Mr E can also return to us if, following legal action, he has outstanding outcomes that the court was unable to order, or if the court was unable to consider parts of his complaint.
25. We would ask that Mr E come back to us promptly if he is unable to proceed with legal action or if there are outstanding outcomes. This is because we are unable to investigate complaints brought to us more than 12 months after someone becomes aware of the problem. We can put this time limit to one side if we think there is a good reason to do so, and we would consider any legal advice or action sought.
26. Overall, we consider it is reasonable for Mr E to explore a potential legal claim. This is because Mr E has already taken some legal advice and intends to take legal action, and he has confirmed he has no barriers preventing him looking into this. We will therefore close Mr E’s complaint.
Conclusion
27. We are sorry to hear how distressing and painful this experience has been for Mr E. We hope he is able to gain the answers and outcomes he is seeking through the legal process. We hope our explanation reassures him about the next steps for seeking legal advice, and when he can come back to us if needed.