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Southern Health to be prosecuted over preventable death of teenager (17 May 2017)

Date: 17/05/2017
Duncan Lewis, Legal News Solicitors, Southern Health to be prosecuted over preventable death of teenager

Southern Health NHS Foundation Trust faces prosecution over the death of an 18-year-old patient at one of its facilities in Oxford. Southern Health provides mental health and disability services across Hampshire, Dorset, Oxfordshire and Buckinghamshire.

The Health and Safety Executive (HSE) is going to prosecute the trust “under Section 3 of the Health and Safety at Work etc Act 1974”. The HSE did not comment on the potential penalties for a successful prosecution, but under the act penalties include unlimited fines or a custodial sentence.

18-year-old Connor Sparrowhawk had autism, a learning disability, and epilepsy. Connor lived at home, but when he demonstrated agitated behaviour and became unsettled, his family thought admission to Slade House – a Short Term Assessment and Treatment Team Unit (STATT) – would provide the teenager with the support he needed. However Connor suffered an epileptic fit while in a bath at Slade House, Oxford in July 2013 and subsequently drowned. Although Connor’s family was initially told he had died of natural causes, it was later found that his death had been entirely preventable, and neglect was a contributory factor. Connor’s mother, Sara Ryan, said “We thought it [the unit] was safe. Connor lived at home with us for 18 years – 107 days in that place and he was gone.”

Charity INQUEST reported that Southern Health admitted negligence and admitted it had “violated Connor’s right to life” under Article 2 of the European Convention of Human Rights. The inquest into Connor’s death in October 2015 concluded with the jury finding that neglect contributed to the teenager’s death, noting a number of serious failures in his care including:

  • A lack of clinical leadership
  • Failure to obtain a history of the patient and conduct a risk assessment
  • Inadequate communication in relation to Connor’s epilepsy needs and risks both with Connor’s family and between staff
  • Failure to provide an epilepsy toolkit to staff despite one being available
  • An inadequate number of staff sufficiently trained in epilepsy
  • Errors made in relation to bathing arrangements
  • Failure of the clinical team to identify the absence of an epilepsy risk assessment plan
  • A lack of communication with Connor’s family throughout his time in the unit.

  • Southern Health NHS Foundation Trust eventually admitted responsibility for Connor’s death and offered his family £80,000 compensation.

    Following the 2015 inquest, the HSE have now announced their intention to prosecute Southern Health in relation to Connor’s death. MP Norman Lamb was welcomed the HSE’s decision to prosecute Southern Health, saying that although it has “taken far too long” it is “better late than never”.

    The Care Quality Commission (CQC) also recently informed Southern Health NHS Foundation Trust that it will be prosecuted “over an alleged failure to provide safe care and treatment resulting in avoidable harm to a patient and other patients being exposed to a significant risk of avoidable harm.” These allegations relate to the negligent care of a patient who suffered serious injuries after falling from a low roof at Melbury Lodge, Royal Hampshire County Hospital, in December 2015.

    Rebecca Thomas, Director of Clinical Negligence at Duncan Lewis Solicitors comments:

    “Prosecutions by the HSE under section 3 of the Health and Safety at Work Act 1974 during 2016 and 2017 have resulted in fines of between £1000 and £400,000. Southern Health NHS Foundation Trust need to review their working practices in order to improve standards and to ensure that such failures in care are not repeated”.

    Rebecca Thomas is a Director of Clinical Negligence at Duncan Lewis. Rebecca has over 20 years’ experience in her field and represents clients in a wide range of cases including claims involving cosmetic and dental negligence, surgical and orthopaedic injuries arising from delay, misdiagnosis or negligent spinal surgery, gastrointestinal and ophthalmic surgery.

    Duncan Lewis Clinical Negligence Solicitors

    The Duncan Lewis Clinical Negligence team has significant experience acting in a vast array of claims including wrongful death claims, accident and emergency failures, GP negligence claims, misdiagnosed fractures and other medical conditions. They also act for children and adults who have suffered profound and permanent brain, spinal or neurological injuries and associated disabilities as a consequence of failings in medical care in both NHS and private hospitals. If you believe your medical practitioner has made a mistake and wish to claim compensation or have any questions about treatment you have received, please do not hesitate to contact our team of specialist clinical negligence solicitors on 0333 772 0409.

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