Healthcare - July 2010
Medical negligence can lead to a criminal prosecution
In May 2010 an NHS Trust was fined £75,000 and also ordered to
pay costs of £25,000 after it admitted breaching Section 3 (1) of
the Health and Safety at Work etc Act 1974 by putting the safety of
patients at risk due to their methods employed concerning the
storage and administration of drugs.
Section 3(1) of the Health and Safety at Work
etc Act 1974 states: "It shall be the duty of every employer to
conduct his undertaking in such a way as to ensure, so far as is
reasonably practicable, that persons not in his employment who may
be affected thereby are not thereby exposed to risks to their
health or safety."
In this case a patient, MC, was given an
epidural drug, bupivacaine, in her arm instead of a saline solution
which had been prescribed to help raise her blood pressure having
just given birth. MC died an hour later following medical
complications caused by the bupivacaine being administered in
error.
The consequent Police and Health and Safety
Executive investigations showed that there was no proper management
system for the storage of the drugs, and warnings from earlier
incidents had not been properly actioned. The two fluids had
been kept in the same dispenser, despite having almost identical
packaging.
This, and similar unfortunate cases, show an
increasing willingness on the part of the HSE to prosecute hospital
Trusts. The potential costs to a Trust over an error of this
nature are immense, not just in fines and compensation but in terms
of public confidence and prestige. Here, simple measures
could have been put in place to remove the threat of mistakes being
made.
In some instances it would be beneficial for a
Trust to review it’s systems to ensure compliance with health and
safety legislation and to ensure that no instances such as the
above occur. To assist our clients, Weightmans Regulatory
Services Unit offers a range of health and safety consultancy
services which include assistance with risk assessments, audit
services, staff training and the design of safety management
systems which can be tailored to your needs.
Leigh Carter,
Solicitor
Weightmans LLP