The family of an 80-year-old who died after walking one- and-a-half miles home following a blood transfusion may take legal action against the hospital which allowed him to leave without find out how he would get home or whether he had someone at home.

Aplyn Wynn-Jones, a former civil servant who had just published his first novel, died the day after being discharged from Musgrove Park Hospital, Taunton.

His daughter and son-in-law Alison and Patrick Storer found him wrapped in blankets and sitting in an armchair at his home "obviously dying".

Mr Storer complained to the Health Care Commission about Mr Wynn-Jones' treatment and the commission has upheld the complaint and made recommendations to Taunton and Somerset NHS Foundation Trust, which runs the hospital.

Mr Wynn-Jones had gone to the hospital as an outpatient on May 16 last year, believing he was to be given a series of injections, but was asked to stay for several hours while he received three pints of blood in three transfusions.

Although Mr Wynn-Jones had prostate cancer he was also seen as a fit man and walked his dog four miles every day. Mr and Mrs Storer say he was not consulted about the transfusion or told of the risk that exercise of the level he took to walk home could be dangerous.

They say Mr Wynn-Jones was allowed to leave at 7.20pm and he asked if a pay phone in another area of the hospital would be available to call a taxi.

He was told it would be, but when he reached it, it was not in use so he walked home, but felt so exhausted he had to stop and sit on low walls along the way.

Mr Wynn-Jones spoke to his son-in-law by telephone when he reached home and said he had been sick. Although Mr Storer offered to go to him Mr Wynn-Jones said that was not necessary and he was going to bed.

Mr Storer said: "He died from the well-recognised symptoms of overload. He wasn't consulted about the transfusion or about potential risks, nor whether he had family available so that we could have come to him or he come to us. He was treated as though he was just an item. It is very typical of the attitude to the elderly.

"When we went to see him the next morning just after breakfast he was clearly dying. We called an emergency doctor and told him and he was absolutely outraged and said we must make an official complaint.

"I complained to the hospital and found it was totally evasive and defensive and so I put in a complaint to the Health Care Commission. It has upheld my complaint in its entirety and made several criticisms of the nursing care."

Taunton and Somerset NHS Foundation Trust confirmed it had received a report from the Healthcare Commission upholding the complaint made against the Trust by Mr Storer.

A spokesman said: "The Healthcare Commission made two recommendations for further action by the trust and these are being progressed urgently.

"A senior consultant haematologist has been asked to investigate a specific aspect of the patient's care. This work is being overseen by the trust's medical director.

"The trust is also reviewing the paperwork supplied to the Healthcare Commission.

"Once the investigation is complete, senior medical staff from the trust will meet with Mr Storer again to outline the conclusions of the report."