An independent provider in the Newcastle-under-Lyme area

3. Mrs H complains about the Trust. She says the Trust failed to remove her left ovary during a left oophorectomy in 2015.

4. Mrs H said she has suffered with unnecessary pain for eight years due to the Trust not removing her left ovary, which was the purpose of the surgery. Mrs H said she was unable to open her bowels regularly and had to use laxatives. She said it also affected her intimate life.

5. By bringing this complaint to us Mrs H would like service improvement and a financial remedy of £3700.

6. In 2012 Mrs H had a total abdominal hysterectomy with conservation of her ovaries. This is a procedure where the uterus and cervix are removed but the ovaries are kept.

7. Approximately two years later Mrs H's GP practice referred her to a community-based health care provider. This was because she was experiencing left sided pelvic pain, and a left-sided mass had been identified via ultrasound.

8. A few weeks later, the community-based healthcare provider reviewed Mrs H and noted its plan was to perform a laparoscopic bilateral salpingo-oophorectomy. This is a surgical procedure that involves the removal of one or both fallopian tubes and ovaries. It referred Mrs H to the Trust to perform this procedure.

9. Two months later the Trust performed a left oophorectomy which is a procedure where the left ovary is removed.

10. Approximately eight years later a second Trust performed a laparoscopic bilateral oophorectomy as Mrs H was still experiencing pain and discomfort. The second trust documented it removed both of Mrs H’s ovaries and her appendix during this operation and repairs were done to her bladder, bowel and rectum.

13. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider this is unreasonable in the circumstances. We have discussed this with Mrs H to understand her circumstances and the outcomes she wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

14. Mrs H said the Trust failed to remove her left ovary during a left oophorectomy (a procedure where the left ovary is removed) in 2015. Mrs H said she did not become aware of this until further surgery (in 2023 at a second trust) identified she still had her left ovary, and this was removed.

15. Mrs H has told us she is seeking a financial remedy to her complaint, approximately £3700, which is the highest amount awardable in level four of our severity of injustice scale. The financial remedy Mrs H is seeking could potentially be achieved via a clinical negligence claim.

16. Mrs H is also seeking service improvements. We recognise the courts cannot order this directly, but we understand this could be achieved as a by-product of any legal action. It therefore appears that Mrs H may have a legal claim, and that this may achieve the outcomes she is seeking.

17. We have next considered whether there are any factors which would mean it is not reasonable for Mrs H to explore legal action. We asked Mrs H if there were any practical barriers which would prevent her from seeking legal advice or pursuing legal action.

18. Mrs H advised there were no barriers to her seeking legal action and she said there were no reasons she would be unable to consider this route if we were unable to resolve her complaint. Considering the requirements of the law, we cannot investigate a complaint where it appears someone could take legal action, and they have indicated they are willing to do so.

19. Based on this we think it is reasonable for Mrs H to explore the option of taking legal action to achieve the outcomes she is seeking. We have not seen any barriers which would suggest this is something she could not explore.

20. Once any legal action has been concluded, Mrs H is able to ask us to look again at her complaint in respect of any outcomes that have not been achieved through legal action. She can also ask us to look at her complaint again if she is unable to pursue legal action. We have told Mrs H about our time limit for looking at complaints and advised her to return to us promptly.

21. We understand that Mrs H has been through an incredibly difficult and distressing time. We were sorry to hear of the impact Mrs H’s complaint has had on her. We apologise if our decision causes any further distress to Mrs H.

1. We have carefully considered Mrs H’s complaint about Nuffield Health - North Staffordshire Hospital (the Trust). We are very sorry to hear of the circumstances that led Mrs H to approach us. We recognise the distress Mrs H’s complaint has caused her and we do not wish to diminish the impact these events have had.

2. We consider Mrs H could take legal action in relation to the issue she has brought to us.

We have decided to take no further action on Mrs H’s complaint about the Trust.