Healthcare provider prosecuted after patient death

A national healthcare provider has been fined £100,000 after an elderly patient died at a private hospital in High Wycombe.

The Health and Safety Executive (HSE) prosecuted BMI Healthcare Limited for safety failings that led to the death of Michael Walsh, 85, from Beaconsfield, in Buckinghamshire.

Amersham Crown Court heard 0n the18 July that Mr Walsh was admitted to Shelburne Hospital, on Queen Alexandra Road, on 10 February 2009 for an operation. He had a private room on the first floor which had a pair of sliding patio style doors leading onto a small balcony.

Three days after the operation Mr Walsh had begun to suffer with periods of confusion and disorientation. The following evening he was found outside on the ground beneath the balcony. He had fallen three-and-a-half metres and had suffered injuries including a fractured vertebra. He was taken to Wexham Park Hospital where he died two days later.

The HSE investigation found that the hospital had not assessed the risks of patients falling from balconies in private rooms, or, taken adequate measures to control this risk.

BMI Healthcare Limited, of Thameside Centre, Kew Bridge Road, Brentford, Hounslow, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. In addition to the £100,000 fine, the company was also ordered to pay costs of £29,447.

After the hearing, HSE's Inspector Robert Meardon said:

"This case graphically illustrates that hospitals need to ensure that vulnerable patients in their care are not allowed to be put at unnecessary risk. This         patient's accident was entirely avoidable.

 "The hospital had not assessed the risk of someone falling off their balcony in private rooms, and had no system in place to ensure that the risks of a fall were adequately controlled. A possible control would have been to have locks on the balcony doors, with keys under the supervision of medical staff.

"However Mr Walsh was left alone, and he was able to got onto the balcony and fall several metres to the ground below.

"There is a well known accident history in the care sector, of vulnerable people falling from window openings and balconies, which is why there is no excuse for duty holders to fail to manage these risks. It is essential that effective assessment of the risks are undertaken in order to ensure the necessary preventive measures are put in place."

Michael Walsh’s son Fergus, the BBC broadcaster and journalist, said:

"Michael Walsh went into hospital for a routine operation, which was successfully completed, but just days later died in terrible pain. 

"It seems impossible to imagine that rooms would be fitted with patio doors that could not be locked, particularly when post-operative confusion is known to affect patients of all ages. And it is surely basic common sense that vulnerable and confused people are not left unattended in an environment where they could injure themselves.

"We sincerely hope that a tragedy like this does not happen again and that a clear message is sent to all hospitals and care homes to check the safety of their premises."

Article from HSE website