NHS complaint delays dash hopes of claim

Compensation: Time limit to launch claim has expired

A heartbroken husband believes he has been denied the chance to claim compensation following his wife’s tragic death because Fife Health Board has “dragged its heels” over its handling of complaints.

David Dunsire from Kirkcaldy, whose wife Kay died following a battle with cancer in December 2012, insisted he has been left with nowhere to turn after the three-year time limit for making a claim came and went while the health board and the Scottish Public Services Ombudsman looked into his concerns.

The latter finally upheld two of three complaints made by Mr Dunsire, namely that NHS Fife failed to provide Mrs Dunsire with a reasonable standard of nursing care and treatment while a patient at Kirkcaldy’s Victoria Hospital in 2012, and that it failed to handle his complaint in a reasonable way.

However, while NHS Fife has apologised for its failings, any hopes Mr Dunsire had of securing compensation through the courts appear to have been dashed.

“Even though I followed the procedures and processes, they’ve stretched it out so long that now I can’t get any recompense,” he said.

“It’s not about money – it’s about getting some form of justice and closure.

“I just want people to know that the hospital and health board made many mistakes, and that the standards were below what someone should reasonably expect.”

Mrs Dunsire was initially treated at Muiredge Surgery in May 2012 complaining of all over joint pain.

However, it was not until July 30, when Mrs Dunsire’s condition became so bad that she needed to be taken to Victoria Hospital’s A&E department, that a subsequent X-ray of her chest showed a shadow on her lung and signs of suspected lung cancer.

Mr Dunsire’s complaint touched on many concerns about his wife’s treatment and care, including issues with adults with incapacity; communication; unnecessary delays with investigations and tests; treatment decisions including medication and whether these were provided within a reasonable time; the decision to transfer Mrs Dunsire into a hospice; record-keeping; and the failure to follow a dietician’s advice.

NHS chief executive Paul Hawkins said: “The nature of Mr Dunsire’s complaint was particularly complex and we investigated all of his concerns in detail.

“As such, our investigations took some time. However, it is important to consider that our complaints process is separate from national legal process, which governs the three-year limit on a claim and is something over which NHS Fife has no control.

“We responded to Mr Dunsire in considerable detail once our investigation was complete.

“We also noted the ombudsman’s findings and have since taken steps to meet its recommendations by revising documentation and introducing a learning pack, which is made available to every ward and department.”

The nature of Mr Dunsire’s complaint was particularly complex and we investigated all of his concerns in detail. NHS FIFE CHIEF EXECUTIVE PAUL HAWKINS

Picture: Steven Brown. David Dunsire wants justice and closure following his wife’s death.