NHS Trust Fined after Death of Patient

Tuesday, 8th June 2010

A hospitals governing trust will be fined £40,000 after a court heard how health and safety failings were a ‘significant cause’ of the death of a severely disabled patient in their care.

Kyle Flack, 20 who had cerebral palsy died in October 2006 after getting his head trapped in bed rails. Basildon Crown court was told in May that the death of Mr Flack was as a result of Basildon University Hospital in Essex failing in its ‘systems and procedures’. Prosecutor Pascal Bates told the court that the hospital had failed to properly supervise Mr Flack properly pass on information, train staff, assess risk and had not heeded warnings.

“(The Trust) accepts that it’s offending was a significant cause of this death,” Mr Bates told the judge. “Management failed to lay down correct procedures.” He went on to say that the offenses amounted to a “serious breach” of duty and that the hospital had fallen “markedly short” of the required standard.

Earlier this year Mr Flack’s mother described the hospital as the “worst place” for her son’s care and called for the hospital bosses to be “held accountable” for his death.