Home > Publications > Selected Cases > Selected Investigations Completed December 2002March 2003> Case no. E.2208/01-02
Complaint against Cheshire and Merseyside Strategic Health Authority (formerly Sefton Health Authority)
Summary of Case
The Ombudsman upheld Mr K’s complaint that the Authority’s handling of his complaint against his former GP was inadequate. Mr K’s original complaint concerned the failure of his former GP to diagnose his late wife’s illness (a rare form of brain cancer). Mr K, who presented this complaint via his MP and the Authority, initially declined to allow the GP access to those parts of his late wife’s medical record that related to her subsequent consultations with other GPs. The Ombudsman found that the Authority did not explain to Mr K that his decision to withhold access to the records was preventing the GP from responding to the complaint, resulting in a delay of three months before the GP accessed the records with Mr K’s consent. The Ombudsman also criticised the Authority for failing to facilitate the local resolution of the complaint, and for failing to expedite the GP’s response to the complaint (which Mr K received a further three months after the GP had accessed the records). She criticised the convener for failing to communicate adequately with Mr K, and for failing to give due regard to clinical advice. The Authority agreed to ensure that adequate information about the complaints process is made available to complainants, and that the directions and guidance on the NHS complaints procedure are followed by conveners.
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