A daughter has told how she is still fighting for justice for her father following a catalogue of serious hospital failures in the run up to his death more than five years ago.
Sharon Lynch says she and her family were left “devastated” when her father Patrick Smith died in Hairmyres Hospital in Lanarkshire following an operation to amputate his foot.
Diabetic patient Mr Smith, aged 71, developed diabetic Ketoacidosis (DKA), a serious problem that means the body starts to run out of insulin, and hospital staff failed to provide him with “reasonable treatment”.
When Ms Lynch, of New Stevenston, North Lanarkshire, complained about her father’s care, NHS Lanarkshire replied saying that the actions taken by staff were appropriate.
However, the health board was later forced to apologise to the family following an investigation and scathing report by the Scottish Public Services Ombudsman (SPSO).
The health watchdog upheld three complaints against the hospital and highlighted a string of other serious failures.
Despite the findings, Ms Lynch and her family have been unable to secure any compensation from the health board.
The 52-year-old told The Herald that she initially raised a complaint due to the attitude of a nurse who failed to act when she and others raised concerns about Mr Smith’s condition.
“When I first raised the complaint, it was only about the nurse – the way she had treated my dad and hadn’t notified anyone that he wasn’t doing well,” she said.
“When I got the letter back from the hospital saying they hadn’t done anything wrong, I decided to go to Citizens Advice and then to the SPSO to complain.
“When I got the SPSO report back and I saw all of the serious failings, I couldn’t believe it. I didn’t know any of that.
“We were devastated. We just couldn’t believe it.
“They had so many chances to help him and they never.”
The ombudsman found that staff did not adequately monitor and respond to both hypo-glycaemia (low blood sugars) and hyper-glycaemia.
Medics also failed to recognise that Mr Smith had a serious heart problem when he was admitted to the hospital’s High Dependency Unit (HDU) because the required examination was not carried out.
He was later transferred out of the unit despite his condition worsening and staff failed to respond to his deterioration in a “timely manner”.
There was also a delay in recognising and starting treatment for possible sepsis.
Mr Smith, who lived in Shotts, North Lanarkshire, died on October 8, 2016.
Ms Lynch has tried to pursue legal action against the health board and was at first awarded legal aid, however a medical report did not meet the required threshold for a fatal claim and her legal aid was withdrawn.
She is now trying to pursue compensation for the “undue pain and suffering” caused to Mr Smith, however NHS Lanarkshire is refusing to negotiate outwith court proceedings.
According to Ms Lynch’s legal consultant, Pauline Barr, of DM Legal, the health board is insisting on a further medical report that Ms Lynch simply cannot afford.
Ms Barr said: “There were failings, this much is certain; NHS Lanarkshire have admitted such both publicly and privately and yet NHS Scotland continue to refuse to enter negotiations on ex-judicial settlement.
“Additionally, the shortcomings of an outdated Legal Aid system which is not fit for purpose for both those receiving assistance and solicitors undertaking legally aided work has compounded the issue.
“The result is that justice has not been done, with Mr Smith’s relatives being left without restitution for the serious and admitted failings of NHS Lanarkshire.”
Ms Lynch, whose mother also passed away earlier this year, added that she feels her family has been wronged on “so many different levels”.
She said: “I was really close to my dad. I was a daddy’s girl no matter what age I was.
“There are also four grandchildren who were devastated to lose him.
“I feel like the health board is just trying to brush us under the carpet, as though his life didn’t matter. But it did. It matter a lot to us.”
NHS Lanarkshire said it is standard process for expert reports to be required in situations like this, however they refused to comment any further.
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