The human rights department at law firm Leigh Day & Co has represented a number of learning disabled people who have received inadequate or substandard medical and social care from the NHS or social services. Frances Swaine, head of the human rights department, anticipates that the Parliamentary and Health Service Ombudsman ruling this month on the deaths of six vulnerable adults is likely to be a damning one.
The deaths of these learning disabled adults was highlighted in a report by
Mencap called Death by Indifference that was published in March 2007. The report revealed a shocking picture of institutional discrimination in the NHS against people with severe learning disabilities, particularly in cases where there is the added complication of limited communication skills. An
inquiry, chaired by Sir Jonathan Michael, a former chief executive of Guy's and St Thomas' NHS Foundation Trust, found that learning disabled people are suffering unnecessary pain, and even death as laws designed to protect them are regularly ignored by staff in the NHS.
Leading human rights firm Leigh Day recently represented the family of Lisa at the inquest into her death that found that the inflexible care plan used by Lisa's hospital was not suitable for a patient with learning disabilities. Lisa died in hospital after being admitted with dehydration. Lisa had learning difficulties but was able to communicate satisfactorily with her own family. Leigh Day also represents MENCAP and the families of the six people who treatment was highlighted in Death by Indifference.
As a result of the deaths of
- Ted who died from aspiration pneumonia the day after he was discharged from hospital after an operation for urine retention. His GP had said there was no need for him to return to hospital;
- Warren who died from peritonitis. His parents understood that he was in pain but his hospital and GP showed no concern;
- Tom who died after suffering an ulcerated oesophagus. His parents realised that he was in pain as he showed signs of distress such as gouging his head. Advice recommended by a gastroenterologist had not been acted on for more than a year;
- Martin who suffered a stroke and was admitted to hospital, he had no speech. He then went without food for 26 days as he kept pulling out his drip, no alternative was offered;
- Emma who was diagnosed with cancer in 2004. Doctors chose not to treat her, saying she was uncooperative. Despite legal action by her mother which resulted in forcing treatment, her condition had deteriorated too far to save her life;
- and Mark who died of bronchopneumonia after falling and breaking his leg. After an operation on his leg Mark lost 40% of his blood. He was readmitted to hospital and had to wait three days to see the pain team, his condition deterioted rapidly culminating in a cardiac arrest and muti-organ failure
Alan Johnson, has announced that he is launching a strategy that will look at whether the quality of treatment that doctors, nurses and other health service staff gave to such vulnerable patients contributed to their dying unnecessarily early.
For more information please contact Frances Swaine on 020 7650 1249.
Information was correct at time of publishing. See terms and conditions for further details.