University Hospitals of Derby and Burton NHS Foundation Trust has been ordered to pay a total of £216,664.88 after pleading guilty to failing to provide safe care and treatment to a patient, causing them avoidable harm, following a sentencing hearing today (Monday 20 March) at Derby Magistrates’ Court.
CQC brought this prosecution following an incident in July 2019 when a patient, Peter Mullis was admitted to Queens Hospital Burton emergency department. Peter had advanced dementia and absconded from the department twice. Finally, after a third time trying to abscond from the emergency department Peter was followed by staff.
Despite being followed he was able to climb over a barrier and fall down a grass bank hitting his head on concrete at the bottom. He was airlifted to the local trauma centre, but sadly died of multiple traumatic injuries.
University Hospitals of Derby and Burton NHS Foundation Trust did not take all reasonable steps to ensure that safe care and treatment was provided and that this failure exposed Peter to a significant risk of avoidable harm.
The trust pleaded guilty to the offence of failure to provide safe care and treatment to Peter, for which the trust was fined £200,000. The court also ordered the trust to pay £181 victim surcharge and £16,483.88 costs to the Care Quality Commission (CQC), which brought this prosecution.
There are a number of enforcement actions CQC can and will take before prosecution to encourage and support improvement. People are entitled to receive safe care and treatment when they put their trust in health and care services, and providers should be held to account when significant avoidable failures occur.
The size of the fine is a decision made by the court and is informed by sentencing guidelines. CQC does not have influence over this decision.
Lorraine Tedeschini, CQC’s director of operations in the Midlands, said:
“This is a tragic case and my thoughts are with Peter’s family and others grieving for his loss following his death.
“People have the right to safe care and treatment, so it’s unacceptable that his safety was not well managed by University Hospitals of Derby and Burton NHS Foundation Trust .
“We know that the majority of people receive good care when they attend hospital, but if we find a provider has put people in its care at risk of harm, we take action to hold it to account and protect people in future.
“I hope this prosecution reminds health and social care organisations they must provide care in a safe environment that meets the needs of patients, so they receive the safe care and treatment they deserve.”