Death of woman after routine operation was avoidable, Ombudsman finds

Date of article: 26/02/2019

Daily News of: 26/02/2019

Country:  United Kingdom

Author: Parliamentary and Health Service Ombudsman

Article language: en

26 February 2019

A grandmother’s death following a low-risk, routine hip replacement operation was avoidable, an investigation by the Parliamentary and Health Service Ombudsman has found. A catalogue of errors at East Lancashire Hospitals NHS Trust, including failing to properly monitor and treat Renie Craig after the operation, meant she died as a result.

The woman’s son, Ian Craig from Blackburn, brought a complaint about the Trust to the Ombudsman in March 2016 after he felt that the Trust’s own investigation failed to recognise several mistakes in his mother’s care.

Renie Craig, who was 77, was scheduled to have a routine hip replacement operation in February 2015. She had high blood pressure and several tests from December 2014 showed that she had an impaired kidney function, yet this was not investigated ahead of the operation. This, along with her age and the fact that she had diabetes, meant that she was at an increased risk of developing a serious kidney injury, which was not taken into account.

After the operation, she was not given enough fluids and her fluid balance was not monitored despite a doctor’s request for this. Nurses also failed to inform a senior nurse or doctor when her blood pressure dropped significantly. Mrs Craig was given a blood transfusion but later became unresponsive and a doctor resuscitated her before she was moved to intensive care.

In March 2015, Mrs Craig had two further operations under general anaesthetic to treat a wound that developed while in intensive care. A few days later, Mrs Craig sadly died from a sudden loss of blood to the bowel.

Even though tests showed that she was vulnerable, hospital staff did not properly plan her care after her hip operation. They didn’t monitor her condition regularly or act quickly when her condition worsened which meant that she had to have further operations when she was already weak.

The Ombudsman found that if the Trust had provided the right care and treatment then Mrs Craig would have survived. Knowing his mother died as a result of the Trust’s failings caused Mr Craig considerable distress.

Rob Behrens, Parliamentary and Heath Service Ombudsman, said:

Our NHS staff do a professional job caring for hundreds of thousands of people every day under enormous pressure. But as this tragic case shows, it is vital that lessons are learnt when mistakes are made in the NHS.

‘The Trust has now acknowledged that it was at fault and made changes to ensure that this doesn’t happen again.

‘Creating an open culture of learning, instead of being defensive and protective, will improve local investigations and how the hospital operates.’

Ian Craig, Renie Craig’s son, said:

My family were devastated after losing my mother following what should have been a routine operation.

‘We lost my father only a few months before so we were already grieving and my mother’s death came as such a shock to me and to my wife and son.

‘I want other trusts to learn from the mistakes made here to make sure that others don’t have to experience a tragedy like this.’

Professor Damian Riley, Medical Director for East Lancashire Hospitals NHS Trust, said:

The Trust extends its sincerest apologies and we acknowledge that there were opportunities to do things differently while we were responsible for Mrs Craig’s care.

‘Since this incident, we have made significant improvements to try and ensure similar errors do not happen again.’

Following the Ombudsman’s investigation, the Trust wrote to Ian Craig to acknowledge and apologise for the failings in his mother’s care. It outlined improvements that have been made, including changes to fluid monitoring and kidney injury management. At the Ombudsman’s recommendation, the Trust also made a payment to Ian Craig to reflect the emotional impact of knowing that his mother died as a result of the Trust’s failings.

 


Notes to Editors:

  1. The Parliamentary and Health Service Ombudsman provides an independent and impartial complaint handling service for complaints that have not been resolved by the NHS in England and UK government departments. We look into complaints where someone believes there has been injustice or hardship because an organisation has not acted properly or has given a poor service and not put things right. We share findings from our casework to help Parliament scrutinise public service providers and to help drive improvements in public services and complaint handling.
  2. Part of the new corporate strategy for 2018-21 is to increase transparency and the impact of our casework. This case summary forms part of an interim measure to move towards publishing the majority of our casework on our website over the next three years. Sharing insight and learning from our casework will help to improve public services.

Press office

Kate Minton, E: Kate.Minton@ombudsman.org.ukOpens email client, T: 0300 061 4129

Out of office hours, E: press@ombudsman.org.ukOpens email client, T: 0300 061 4444

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The Catalan Ombudsman claims zero tolerance against gender discrimination

Date of article: 25/02/2019

Daily News of: 26/02/2019

Country:  Spain - Catalonia

Author: Regional Ombudsman of Catalonia

Article language: en

25/02/2019

Calls for the MWC job offer to be withdrawn, which rewards stewardesses who are over 1'75 tall with a financial supplement

The Catalan Ombudsman will address the CEO of the organizing body of the World Mobile Congress (MWC), John Hoffman, to cancel a job offer intolerable with regards to sexualisation of women. Specifically, it refers to the recently published news about the fact that stewardesses of the WMC that exceed the height of 1.75 will be paid a supplement of one euro per hour. The Ombudsman considers that this case could be a serious and/or very serious administrative offense, in accordance with article 59 (3 and 4) of Law 17/2015, of July 21st, of effective equality between men and women, which states that it is a serious offense:

“Carrying out actions or imposing clauses in legal transactions that constitute or cause discrimination on grounds of sex.”

“Any behaviour, whether or not of a sexual nature, that depends on the sex of a person, that intentionally offends their dignity and that creates an intimidating, degrading or offensive situation.”

In this case, the ombudsman has also asked the Catalan Department of Labour to carry out the appropriate inspection actions.

The Ombudsman is the institution whose mission is to ensure the protection of fundamental rights and public freedoms. To this end, it oversees the activity of the Catalan public administrations. As part of its duties, the institution has also addressed the Catalan Women's Institute (ICD) and the Audiovisual Council of Catalonia to inform them.

The Ombudsman defends the right to effective equality between men and women because it considers it an essential value in a democratic state of law. In this regard, Law 17/2015, dated July 21, on the effective equality of men and women, establishes in article 57 that the Catalan Ombudsman, in accordance with the powers granted by the Statute of Autonomy and Law 24/2009, of December 23, is the body in charge of defending rights and freedoms in matters of non-discrimination for reasons of gender that could have been violated by the action of institutions or people, both public or private.

The same article establishes among the competences of this institution to carry out investigations, both ex officio and through complaints, to clarify possible situations of direct or indirect discrimination on the basis of sex, as well as facilitate negotiation routes and make recommendations to natural persons and legal entities in order to correct situations or discriminatory practices based on gender, and monitor compliance with these recommendations.

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Labour inspection in the Czech Republic focused on discriminatory job ads published on an online advertising portal

Date of article: 25/02/2019

Daily News of: 26/02/2019

Country:  Czechia

Author: Czech Public Defender of Rights

Article language: en

25. 02. 2019

The Ombudswoman was approached by a lawyer working for the contributory organisation of the city Brno – DROM looking for assistance in the matter of job advertisements considered as discriminatory on grounds of nationality and ethnicity. DROM is an organisation supporting people from socially excluded localities and helping them with their problems in many areas of life (search for employment or accommodation, assistance for children with special needs at school etc.). While the DROM staff was helping their clients with the job search they had found an online ad placed by a company looking for construction labourers to work at a construction site of a residential building. The ad stated that the company was only looking to hire Czech citizens and that “foreigners” and ethnic minorities shall not apply.

As such an advertisement is clearly discriminatory, the Ombudswoman recommended to the DROM organisation to file a complaint with the relevant District Labour Inspectorate. After the inspection was closed, the Labour Inspectorate concluded that no violation of law was found in this case. It based its reasoning solely on the job portal operator’s response to its questions and concluded that the online advertising site was anonymous and that the identity of the company which had placed the ad could not be established. The State Labour Inspectorate as the superior authority supported the view of the District Labour Inspectorate. The DROM organisation was not satisfied with the inspection’s results and decided to approach the Ombudswoman again.

In the Ombudswoman’s inquiry into the case, it was found that the authorities’ procedure was at variance with the law. In performing its inspection, the District Labour Inspectorate should have made use of the legal concept of the “obliged person”, i.e. request the identity of the company that had placed the ad from the advertising site operator. As it failed to do so, it failed to establish the facts of the case necessary to meet the purpose of the inspection. This violated Section 9 (a) of the Inspection Rules. The State Labour Inspectorate should have discovered this error in the District Labour Inspectorate’s procedure and ordered it to initiate administrative proceedings or should have done so itself.

In the end, the State Labour Inspectorate accepted the Ombudswoman’s argumentation and informed the inspectors in all District Labour Inspectorates of the need to use information obtained from obliged persons for the purposes of identifying originators of discriminatory job ads. This methodological instruction was considered as sufficient at the time being and the Ombudsman will continue monitoring compliance therewith.

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IOI Ombudsman News 08/2019

Date of article: 17/02/2019

Daily News of: 25/02/2019

Country:  WORLD

Author: International Ombudsman Institute

Article language: en



 

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El Justicia de Aragón realiza su primera visita al Defensor del Pueblo

Date of article: 25/02/2019

Daily News of: 25/02/2019

Country:  Spain - Aragon

Author: Regional Ombudsman of Aragón

Article language: es

Ángel Dolado le ha traslado tanto la problemática de las cuencas mineras de Teruel como la experiencia de la Mesa del Justicia sobre Mayores en Soledad no elegida


Ángel Dolado ha realizado esta mañana su primera visita institucional al Defensor del Pueblo en funciones, Francisco M. Fernández Marugán desde su toma de posesión el pasado mes de abril.

Aunque el trabajo en común ha sido constante desde su toma de posesión, a la que asistió el propio Defensor, y se han realizado encuentros de defensores para abordar temáticas específicas, la reunión de la jornada de hoy ha sido la primera que realiza Ángel Dolado como Justicia de Aragón en su sede de la madrileña Calle Zurbano.

Durante el encuentro, el Justicia ha podido trasladar la situación de las cuencas mineras tras el anuncio de cierre de la Central térmica de Andorra, tal y como se comprometió el pasado lunes 18 en su reunión con los trabajadores de las subcontratas y otros agentes sociales y políticos de la zona, siendo consciente el Defensor de la importancia y necesidad de una transición justa para la comarca.

Igualmente, le ha hecho entrega del Informe de Actividad de 2018, así como el Informe Especial sobre la situación de la provincia de Teruel, habida cuenta de que en el mismo no sólo viene reflejada esta problemática, sino el conjunto de problemáticas que tiene la provincia para su desarrollo y en las que debería implicarse la Administración General del Estado.

Por último, y dado que recientemente el Defensor del Pueblo ha manifestado su preocupación sobre la soledad de nuestros mayores, Ángel Dolado le ha hecho entrega de un dossier donde viene recogido el trabajo realizado hasta ahora por la constituida Mesa del Justicia sobre esta materia.

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