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Western Isles NHS has been told to make changes after a patient had a rectal examination without her permission.

The woman was under anaesthetic when a consultant carried out the invasive procedure without her knowledge.

She only found out when she received a copy of her medical records.

Scottish Public Services Ombudsman (SPSO) said the health authority should make a meaningful apology to the woman.

The watchdog also recommended changes so clinical staff and doctors ensure they obtain valid consent in the future.

The SPSO highlighted the health board failed to respond to the patient’s complaint properly and did not follow its own complaint procedures.

A report said: “A firm of solicitors (Firm C), raised a complaint on behalf of their client (Mrs A) that, during an examination under anaesthetic, a consultant had carried out a rectal examination without her knowledge or consent.

“She only found out about this when she received a copy of her medical records.

“When Firm C raised concerns about this with the board, they passed the correspondence to the consultant (who no longer worked for the board), who responded to Mrs A directly.

“The board subsequently accepted the consultant's response as their response to the complaint and did not investigate the complaint through their complaints handling procedure.

“We took independent advice from a consultant in obstetrics and gynaecology

“We found that it was not routine practice to perform a rectal examination as part of the examination Mrs A was having conducted.

“The Royal College of Obstetricians and Gynaecologists guidance on obtaining valid consent states that procedures should not fall out-with that which the patient consented to, unless there is an unanticipated emergency.

“We found that Mrs A should have been aware that a rectal examination was a possibility prior to the procedure and consented as such. In the absence of consent, it was not reasonable for a rectal examination to be carried out. We upheld the complaint.

“We also had concerns about the way in which Firm C's concerns had been handled.

“Firm C had clearly raised a complaint and our view was that the board should have investigated and responded to this in line with their complaints handling procedure.

“We made recommendations regarding this.

NHS Western Isles said it “accept and implement the recommendations” made by the ombudsman.

 

Health board criticised after patient given rectal examination without her consent

22 August 2018