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Mid Staffordshire NHS Foundation Trust Plead Guilty

United Kingdom
14/10/2013
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In a recent law now, we discussed the upcoming prosecution by the Health and Safety Executive (HSE) against Mid Staffordshire NHS Foundation Trust. The NHS Trust was charged under section 3 (1) of the Health and Safety at Work etc Act 1974 following the death of Gillian Alsbury, a diabetic patient who died due to the failure of nurses to administer insulin at the appropriate time. The Health and Safety Executive stated that the death was ‘entirely preventable'.

On 9 October 2013, Mid Staffordshire NHS Foundation Trust plead guilty in Stafford Magistrates Court to failing to properly manage and organise hospital services, including a failure in their system for record keeping and sharing patient information between members of staff. The Chairman of the bench Ian Jones highlighted that ‘the defendants’ actions fell well short of the expected standards over a substantial period of time.’

The Magistrates Court decided that the NHS Trust should face sentencing in Stafford Crown Court which may impose an unlimited fine. The Magistrates Court can only impose fines up to £20,000. This decision has been accepted by the NHS Trust. However, the NHS Litigation Authority – providers of indemnity cover for legal claims against NHS Trusts – will not cover a fine from the Health and Safety Executive. Therefore, any fine imposed by the Crown Court will be paid from the Mid Staffordshire NHS Foundation Trust budget.

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