Mr B was admitted for knee surgery at a hospital run by the Doncaster and Bassetlaw Hospitals NHS Foundation Trust (the Trust). He was anxious about having a general anaesthetic and wanted to discuss his concerns with doctors. However, when Mr B saw the surgeon prior to surgery, he said the surgeon was rude to him and said that he should go home if he did not want the surgery. Later, in the anaesthetic room, the surgeon said Mr B was being ‘a child or a baby’ and patted his chest with the back of his hand.
Mr B complained to the Trust about the way that he had been treated by the surgeon. The Trust explained that, as Mr B had been anxious, the surgeon had adopted a ‘more friendly approach’. They accepted that the surgeon had referred to him as a ‘baby’ while making physical contact. They apologised that Mr B was ‘offended by this behaviour’ and said that the surgeon had asked the Trust to ‘pass on his sincere apologies if his behaviour caused [him] to be upset’. Mr B was unhappy with the ‘passed on apology’. Mrs B asked for compensation on behalf of her husband, but the Trust declined.
Mr B remained dissatisfied and Mrs B wrote to the Ombudsman to complain. We asked the Trust to review their handling of Mr B’s complaint and the Trust agreed. Following this, the Trust apologised unreservedly for the surgeon’s behaviour. Mr B was offered an opportunity to meet senior staff, the surgeon or the chief executive. However, following further correspondence with us, the Trust told Mr B that they would not offer compensation.
The Trust showed good practice — albeit belated — in complaint handling. They were open and accountable in acknowledging that their initial handling of the complaint had been poor. They took steps to put things right in reconsidering compensation, but articulated reasons for declining to do so in this case. We took no further action.