GLASGOW’S health board could begin a legal challenge next month against
a government ruling that ventilation at the city’s Queen Elizabeth University Hospital put cancer and transplant patients at risk of infection.
The Health and Safety Executive issued NHS Greater Glasgow and Clyde with an improvement notice last December that was critical of the air quality in ward 4C of the £842 million hospital, which treats kidney transplant and cancer patients.
Employers can face a jail sentence if health and safety regulations are breached.
The board has instructed lawyers to appeal the improvement notice, arguing it is a general ward that does not require specialist ventilation. It has said any patients deemed high risk would be cared for in a neighbouring ward fitted with Hepa filters.
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Lawyers representing the health board and the HSE were scheduled to meet next week but this has now been postponed until later in the month when it will be decided if a full employment tribunal will be held.
The Crown Office has already confirmed it is considering a report by the HSE into an infection outbreak that led to the deaths of a 10-year-old boy and a 73-year-old woman from the Cryptococcus infection, which is linked to pigeon droppings.
A number of other inquiries are also under way into problems at the QEUH and the Royal Hospital for Children.
Meanwhile, NHSGGC has said the £73million legal case against the QEUH builders will begin early next year.
Official documents state lawyers are preparing a “robust” case against Multiplex, and the health board’s advisers, Currie & Brown UK Limited and Capita Property and Infrastructure Limited.
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Legal proceedings have been raised for losses and damages incurred in relation to technical issues identified with the QEUH including the water system, the ventilation system, glazing, doors, the heating system and the atrium roof.
A spokeswoman for HSE said: “We will continue to work with Greater Glasgow Health Board over the matters we have identified as requiring improvement, and are supporting the forthcoming public inquiry.”
In June, an independent review was published that said patients with cancer were put at increased risk because of the design and build of the hospital.
While the Queen Elizabeth University Hospital Independent Review did not find clear evidence linking hospital deaths to failures in the design, build or maintenance of the hospital, it suggested those who were immuno-suppressed were exposed to risks that could have been reduced with better design.
A health board spokesman said: “In December last year we received an improvement notice from the HSE in relation to ventilation in one of the general wards.
“In the interests of openness and transparency we published this improvement notice at the time.
“A meeting was subsequently held with HSE to discuss the improvement notice, which has since been appealed by NHSGGC.
“A date for the appeal, which was paused due to the impact of Covid-19 is to be confirmed.”
A spokeswoman for the HSE said: "“We will continue to work with Greater Glasgow Health Board over the matters we have identified as requiring improvement, and are supporting the forthcoming public inquiry.”
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