10. Mr A’s complaint relates to clinical issues about the care and treatment the Practice gave him. He says the Practice missed symptoms of severe periodontitis and did not refer him to a specialist for further treatment. He says the Practice extracted a healthy tooth without his consent and it did not adhere to infection control measures when it extracted his teeth.
11. Mr A says the events caused him an ongoing significant impact mentally, pain and he lost a healthy tooth unnecessarily.
12. 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 do not consider whether legal action would succeed, but whether it is a reasonable option to look into.
13. We have discussed this with Mr A to understand his circumstances and the outcomes he is seeking. We think there is an alternative legal option available to Mr A. He could pursue the complaint in court through a clinical negligence claim.
14. Mr A is seeking a financial remedy of at least £15,000 as an outcome to the complaint and legal action could potentially achieve that for him.
15. We consider it is reasonable for Mr A to seek legal advice to see if he can achieve the outcome he is seeking via a court process. We have not identified any reasons that would prevent Mr A pursuing the legal route or make it unreasonable to expect him to do so. We spoke to Mr A about this, and he did not tell us of anything that would prevent him doing so. We will therefore take no further action on Mr A’s complaint because he has an alternative legal remedy which we think is reasonable for him to pursue.
16. There is no specific legal route Mr A could take for the purpose of apologies or service improvements, but he might achieve these as a byproduct of any legal action.
17. If, having explored legal action, Mr A is unable to pursue that route, or it does not achieve all the remedies he is seeking, he may return to us if he wants us to consider his complaint. If he does that he should do so without delay as other parts of the law can limit what we can look at if there is any delay in contacting us.
18. We are sorry to hear of the concerns Mr A has raised about the care he received from the Practice. We are grateful to Mr A for taking the time to tell us about them.