The latest decisions published by the Public Service Ombudsman on complaints about NHS services in England have highlighted concerns about the care and treatment provided by NHS Trusts, as well as the commissioning of services and continuing healthcare by Integrated Care Boards (ICBs).
While the circumstances behind each complaint are different, the decisions are an important reminder of what can happen when patients experience delays, problems with treatment or difficulties accessing the care they need.
For patients and families, these concerns can sometimes go beyond dissatisfaction with a service. Where failings in medical care have caused avoidable harm, they may also raise questions about whether the treatment provided was appropriate.
Concerns about care and treatment
Several of the recent decisions relate directly to the care patients received from NHS Trusts.
The issues raised include concerns surrounding diagnosis, investigations, treatment and the management of serious health conditions. In one case, concerns were raised about the management of a patient’s strokes and subsequent end-of-life care. Another looked at delays surrounding investigations where a patient had kidney cancer.
These are particularly important issues because delays in diagnosis or treatment can have serious consequences for patients.
A delay in recognising a stroke, investigating possible cancer symptoms or responding when a patient’s condition deteriorates can mean opportunities for earlier treatment are lost.
When delays in care cause harm
Not every delay or poor experience will amount to clinical negligence. However, concerns may warrant further investigation where, for example:
- Symptoms of a serious condition were not recognised or acted upon
- Appropriate tests or scans were not arranged promptly
- Abnormal results were missed or not followed up
- Treatment was unreasonably delayed
- A patient’s deterioration was not identified or appropriately managed
- A patient received inappropriate treatment or medication
The important question is often not simply whether something went wrong, but whether different care could have avoided or reduced the harm suffered.
Access to NHS services
The latest decisions also consider the commissioning of services and continuing healthcare by ICBs.
Although these issues will not always involve clinical negligence, access to appropriate NHS care can become particularly important where delays leave a patient without necessary treatment or support.
Where a delay is caused by the way a service has been organised or commissioned, the circumstances can be different from a claim concerning the treatment provided by an individual clinician or NHS Trust. However, for the patient and family involved, the impact of being unable to access appropriate care can still be significant.
What can patients and families do when something goes wrong?
NHS complaints can play an important role in identifying problems with patient care and helping families understand what happened.
An upheld complaint does not automatically mean there has been clinical negligence. But if an investigation identifies failings in treatment and those failings appear to have caused additional injury, a worsening condition or a poorer outcome, it may be appropriate to seek specialist advice.
At Bridge McFarland LLP, our Clinical Negligence team supports patients and families who have concerns about NHS treatment, including delayed diagnosis, delayed treatment, medication errors and failures to recognise deterioration.
If you are concerned that medical treatment provided to you or a loved one may have caused avoidable harm, our team can listen to what happened and advise you on the options available.
Contact us for a confidential discussion with a member of our Clinical Negligence team. Call us on 0800 987 8800 or make a free online enquiry and we will contact you. Alternatively, email us at enquiries@bmcf.co.uk.
