The Ombudsman investigated Mr A’s complaint about whether the Health Board appropriately managed his position on the waiting list for gallbladder removal surgery.
The investigation found that, despite a decision being made to place Mr A on the waiting list for a laparoscopic cholecystectomy (a surgical procedure to remove the bladder) in February 2023, due to an error, this did not happen. This error was only identified in March 2024, when Mr A contacted the Health Board for an update on his treatment pathway. The investigation identified that this failure amounted to maladministration. That said, when considering what injustice this caused, the investigation found that it was unlikely that Mr A would have received an appointment for surgery and/or undergone the surgery before the error was corrected given the subsequent delay for surgery.
The investigation also found that, when the error was identified, the Health Board corrected this promptly and placed Mr A on the waiting list at the position he would have been had the error not occurred. The Health Board took appropriate corrective action in addressing the error and therefore did not act with maladministration.
The investigation found that communication with Mr A about his position on the waiting list amounted to maladministration. This is because the explanations provided appeared confusing and lacked sufficient clarity about why his position had changed on the waiting list, but his prioritisation had not. This was an injustice to Mr A. The complaint was upheld to this limited extent in relation to communication. The Health Board agreed to provide Mr A with an apology for the failures outlined.