Basildon Hospital’s failure to adhere to health and safety rules in 2006 was a “significant cause” of the death of a severely disabled patient, a judge has been told.
In an article issued by the Press Association, Basildon University Hospital acknowledged that 20-year-old Kyle Flack died following failures in its “systems and procedures”, Basildon Crown Court was told this week.
The hospital’s governing trust admitted breaching health and safety law by failing to ensure patients were not exposed to risk after being prosecuted by the Health and Safety Executive (HSE) as a result of Mr Flack’s death nearly four years ago. Judge Christopher Mitchell is due to impose fines next month following a sentencing hearing.
Prosecutor Pascal Bates said Mr Flack, a quadriplegic who had cerebral palsy, died at the hospital in October 2006 after getting his head trapped in protective bed bars.
Mr Bates said the hospital had failed to properly supervise Mr Flack, failed to properly pass on information, failed to properly train staff, failed to properly assess risk and had not heeded warnings.
Mark Goldring, chief executive of health charity Mencap, said Mr Flack’s case is “not unique” and has called on the judge to send a “powerful message” when sentencing.
“(The trust) accepts that its offending was a significant cause of this death,” Mr Bates told the judge. “Management failed to lay down correct procedures.” He said the offences amounted to a “serious” breach of duty and the hospital had fallen “markedly short” of the required standard.
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