A parent’s complaint that NHS Tayside clinicians deviated from a care plan for their late child while in hospital has been dismissed by the Scottish Public Services Ombudsman (SPSO).
A decision notice published by the body reveals the parent complained staff failed to follow an Anticipatory Care Plan (ACP) at Ninewells Hospital in Dundee and “did not take their views into consideration”.
It says the parent also complained about what they considered to be the “inappropriate use” of high-flow oxygen.
The notice, which identifies the complainer and their late child only as C and A respectively, explained: “C’s child had complex needs as a result of a brain injury sustained when they were four-years-old.
"A was admitted to a general ward at Ninewells Hospital with a high temperature and was subsequently moved to a high dependency unit. A died three days following admission.
“C complained about the inappropriate use of Hi-Flo Nasal Cannula Oxygen despite concerns raised at the time.
“C complained that incorrect decisions were taken with respect to A’s care and treatment, including that clinicians did not have appropriate regard to the ACP that was in place.”
However the notice goes on to say the SPSO took independent advice on the complaint from an independent paediatrician and is satisfied that while the ACP was not followed to the letter clinicians did not act unreasonably.
It explained: “We found that there was good documentation evidencing that clinicians had discussed A’s care with C, including decisions not to intubate A.
“We considered treatment with high-flow oxygen was reasonable in the circumstances.
“Whilst the ACP was not followed, and the board identified this, the ACP is not a legally binding document and the decisions to deviate from the ACP were reasonable in the circumstances.
“A’s cause of death is consistent with the evidence within the medical records. We concluded that A’s care and treatment was reasonable and did not uphold the complaint.”
