THE DEATH of a 10-year-old girl suspected to have been linked to an infection from dirty hospital water has been reported to public prosecutors nearly three years after her death.
NHS Greater Glasgow and Clyde has reported Milly Main's tragic death on August 31, 2017, to the procurator fiscal.
Her family are also said to have reported the tragedy "weeks ago" with an MSP claiming the health board's referral is a 'cynical attempt to look proactive'.
The schoolgirl died at the Royal Hospital for Children, part of Glasgow's £842m super hospital campus, after contracting a Stenotrophomonas bacterial infection, later claimed to be linked to contaminated water at the site.
Her family said they had no knowledge of the infection, or the fact it was a cause of Milly's death, until looking at her death certificate.
They also say they were never informed by the health board about the infection, which the schoolgirl contracted while being treated for cancer.
Our sister title the Herald on Sunday first highlighted that NHSGGC had ignored the law by failing to report Milly's death to prosecutors, in line with guidelines, in December last year.
At the time a spokeswoman claimed procedures had been followed, and due to the fact no concerns were raised by the Main family at the time of her death, no report was made.
Sources at the flagship hospital said the tragedy "categorically should have been" reported to officials, while guidelines state “where, at any time, a death certificate has been issued and a complaint is later received ... which suggests that an act or omission by medical staff caused or contributed to the death” that death should be reported to the procurator fiscal.
Now, two and a half years later, health chiefs have referred the tragedy to public prosecutors, who can order a Fatal Accident Inquiry or impose criminal proceedings if they see fit.
A spokeswoman for NHSGGC said: " The death of any child is a tragedy and we continue to offer our sympathies to Milly’s family for their loss.
"Following recent concerns from Milly’s family, the public interest in her death, and discussions with the Cabinet Secretary for Health, we sought advice from the procurator fiscal.
"Following this advice it was deemed appropriate to refer Milly’s case to the Procurator Fiscal which we have now done.
"Milly’s case is also being considered as part of the review of patient episodes that Professor Marion Bain, Director of Infection Prevention and Control, will be overseeing and this will involve Milly’s family in whatever way they wish."
The health board also said it started discussions with the procurator fiscal in November 2019, after Milly's came first came to light.
Anas Sarwar, Labour MSP for Glasgow, who has been working with Milly's family, said their treatment had been "disgraceful".
He said: "“Milly’s death should have been reported to the Procurator Fiscal at the time.
“The way her family has been treated is disgraceful: they were kept in the dark for years; and shown no respect by the health board when a brave whistleblower shone a light on the QEUH infection scandal.
“At all times, the health board’s priority has been about saving its own skin, not doing what was right by Milly’s parents.
“The health board has now decided to refer the case to the Procurator Fiscal in the knowledge that Milly’s parents did so weeks ago.
"It is a cynical attempt to look like it is being proactive when it has been deliberately evasive up until now."
The Crown Office and Procurator Fiscal service confirmed a report has been received regarding Milly's death, by NHSGGC.
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