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Selected Investigations Completed April - September 1997 > Part I, Case no. E.0894/96-97
Matters considered: Convener's failure to take appropriate clinical advice, and failure of independent review panel's chairman to appoint clinical assessors
Complaint against: Hastings & Rother NHS Trust
Summary of case
A man's wife died in October 1995, after she had been a patient at Conquest Hospital, St Leonards-on-Sea, East Sussex. In November the man complained to the chief executive of the Trust that there was a delay in diagnosing his wife's condition and about the standard of her care. He remained dissatisfied with the Trust's explanations and in May 1996 he requested an independent review (IR). He was sent a copy of the IR panel's report in August but he was dissatisfied with that and complained to me.
Findings
Before deciding whether to hold an IR the convener took clinical advice, but only from the Trust's medical director. I found that to be unsatisfactory as the complaint concerned both medical and nursing issues and the convener did not seek nursing advice. The IR panel then proceeded without clinical assessors, despite the fact that the complaint was largely clinical. That was a breach of the Secretary of State's directions and I was advised that it rendered the panel a nullity. I told the Trust it was open to them to convene a fresh panel. I upheld both aspects of the complaint.
Remedy
The Trust agreed to make sure that their conveners obtained appropriate clinical advice when considering requests for IRs of clinical matters, and that in future conveners would keep records of advice sought and given. They agreed also to convene a fresh panel and to make sure that those involved in IRs were familiar with, and followed, the national directions and guidance.
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