Fatal accident inquiry into death of man with severe leg ulcers
David Ainsworth, 59, died on January 22 2020 in Hairmyres Hospital, East Kilbride, after concerns were raised by a home carer.
Mr Ainsworth, of Hamilton, was taken to the hospital on January 20, where his condition deteriorated and he died.
On Thursday the Crown Office and Procurator Fiscal said it has lodged a first notice to begin the court process for a discretionary fatal accident inquiry.
A preliminary hearing will be held on June 13 2025 at Hamilton Sheriff Court, South Lanarkshire.
The purpose of an FAI is not to attribute blame to any person or party but to determine the cause of death, the circumstances surrounding the death, establish what precautions could have been taken, if any, and to minimise the risk of future deaths in future under similar circumstances.
It will explore the circumstances of Mr Ainsworth's death, with particular focus on the assessment, support and care he received.
Procurator fiscal Andy Shanks, who leads on death investigations for the Crown Office and Procurator Fiscal Service (COPFS), said: 'The death of David Ainsworth occurred in circumstances giving rise to serious public concern and as such a discretionary fatal accident inquiry should be held.
'An FAI will allow a full public airing of the evidence of the procurator fiscal's wider investigations with interested parties. The evidence will be tested in a public setting and be the subject of an independent judicial determination.
'Mr Ainsworth's family will continue to be kept informed of significant developments as court proceedings progress.'
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Daily Record
9 hours ago
- Daily Record
Parents of week old baby who died at QEUH 'felt blamed' for their daughter's death
SUNDAY MAIL EXCLUSIVE: The family said they have faced a long wait for answers. The parents of a baby who died at Scotland's largest hospital have told how they felt blamed for the death of their daughter. Tiny Freya Murphy was born with significant brain and organ damage after a catalogue of failures at the Queen Elizabeth University Hospital in Glasgow led to her death. Her parents Karen and Martin were devastated when they had to allow Freya's life support machines to be switched off when she was just seven days old. A Fatal Accident Inquiry (FAI) found staffing shortages, medics' failure to notice that the baby was in distress as well as a lack of screening for Group B Streptococcus were factors in the youngster's death. However the couple have said they have been left with more questions than answers after the FAI which took seven years to conclude. Dad Martin, 44, from Cambuslang, near Glasgow, said: 'It was the worst thing anyone could imagine happening to them. We left that hospital with no baby and no answers.' Karen, 40, says she had expressed the wish to have a natural birth in the early stages of her pregnancy. However she felt this was later 'held against her' when the FAI medics suggested her wishes as a reason why they failed to intervene sooner during her labour, claiming Karen had said she wanted 'minimal intervention'. She disputes this. Karen, a teacher of children with additional support needs, said: 'I wanted to have as natural a birth as possible which was noted down during the pregnancy and not mentioned again. 'Then suddenly it was mentioned by doctors during the FAI where it came across as an excuse or a defence for the fact they had made mistakes with Freya's birth as it was only mentioned years later. 'I would never, and did not, say I didn't want help. I wanted to do whatever was needed to get Freya out safely and I accepted whatever they told me at the hospital. It felt as if I was being blamed for what happened.' Karen arrived at the QEUH on June 20 2018, but was left in a waiting room for two hours before being checked by medics despite already being dilated and in active labour. She says she felt there was a 'lack of urgency' among staff. Karen had to endure an excruciating procedure to rotate Freya on a labour ward after medics realised the baby was in the wrong position for delivery but the theatre was occupied. Karen said: 'I had to have a manual rotation in the room because there was no other option. I had no pain relief, and it wasn't done in the theatre where it should have been. There was someone else in the theatre and there was only one available.' Martin added: 'The person who was in charge of the ward overnight was also dealing with the other patient who was in theatre so they were taken away from Karen who was the most critical.' Medics had also attached a heart rate monitor directly to Freya's head but failed to notice that she was showing signs of distress. During the FAI Karen's midwife claimed that she had alerted doctors to her concerns about the baby's heart rate but this was contradicted by both the consultant and junior doctor working that night. Sheriff Divers said he favoured the doctors' evidence over the midwife due to inconsistencies between her evidence and that of other witnesses. When medics realised Karen and Freya needed urgent help, it took a further 45 minutes for the youngster to be born - by which time it was too late. Meconium - a name for a baby's first bowel movement - was covering Freya and she was barely breathing when she finally arrived at 9.31am on Saturday July 21, 2018. Martin said: 'When Freya came out she was purple. They put her on to Karen and then over to the resuscitation area. Even at that point we were told this was normal.' Karen added: 'They had not grasped how unwell Freya was at all. Even when she was born we were told 'It's normal for babies not to cry straight away.' 'It was a junior paediatrician who looked at Freya and hit the emergency button. The staff delivering did not have the idea that things had gone so catastrophically wrong.' Doctors spent 17 minutes trying to resuscitate Freya and regain a steady heartbeat. She was transferred to neonatal intensive care and was immediately placed on a ventilator. Her parents looked on in horror after the baby they had been told would be healthy and normal was now in a fatal condition. Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. They later learned that Freya had been starved of oxygen and she had significant brain and organ damage. Karen said: 'Although it was more painful for us to let her go, we knew it was kinder to her. It was absolutely terrible. For a parent it's just a horrendous position and you have to be the one to do it for the sake of your child.' Experts told the FAI the issues were as a result of an infection in the placenta, most likely from Group B Streptococcus, a bacterial infection common among mothers. Karen said if medics had screened for the bug, as they do routinely in many other countries, Freya could still be alive. She also believes staff shortages contributed to the death of her daughter. Karen said: 'If you have a baby outwith Monday to Friday 9-5, it's a completely different experience and the team of people there to support you is vastly different. It shouldn't be that way. Babies can't choose when to be born - they don't arrive to a schedule.' The couple, who now have three children, have never returned to the QEUH for any of the births. Martin said: 'It's been a challenge having more children after the trauma of what happened to Freya. Karen was pregnant again during the FAI which was really hard for her. We just do not want this to happen to another family, and we hope that mistakes are learned from Freya's death.' The couple are being represented by Alan Rodgers, partner at Thompsons solicitors and are now pursuing a civil case against NHS Greater Glasgow and Clyde. Rodgers said: 'The courage shown by the Murphys to secure this FAI has been enormous and they have waited far too long for it to be held. The Inquiry has shone a light on the reality facing clinicians in the modern Scottish NHS. 'At times care is compromised or suboptimal decisions are made purely due to lack of facilities and resources. The cutbacks and penny-pinching in our NHS needs to stop.' Sheriff Barry Divers described the couple's wait for answers as 'simply too long', with the FAI taking seven years to conclude from when Freya died. An NHSGGC spokeswoman said: "We would like to extend our sincerest condolences to the family of Freya Murphy, and once again to apologise for the distress they have experienced. "Freya's death was the subject of a Fatal Accident Inquiry. We have received the recommendations of this and are working to implement them in full. This includes carrying out a review of staffing levels, and, in line with a recommendation on Group B Streptococcus, we plan to make a formal approach to the UK National Screening Committee."
STV News
3 days ago
- STV News
Death of prisoner behind bars deemed 'unavoidable'
The death of a prisoner jailed at HMP Kilmarnock has been deemed 'unavoidable' following a Fatal Accident Inquiry. Andrew Whiteford was taken to Crosshouse Hospital where he died on May 31, 2022, whilst in custody. The 38-year-old was diagnosed with hypopharyngeal cancer, which is found in the lower part of the throat, and also had type one diabetes. The prisoner died of natural causes. The Fatal Accident Inquiry ruled 'no precautions which could reasonably have been taken and had they been taken, might realistically have resulted in death being avoided.' Following every death behind bars, a Fatal Accident Inquiry is carried out and the Crown Office and Procurator Fiscal Service is required to investigate. Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said: 'We note the Sheriff's determination. 'The Procurator Fiscal ensured that the full facts and circumstances of Mr Whiteford's death were presented in evidence at the mandatory Fatal Accident Inquiry. ' Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
STV News
30-05-2025
- STV News
Call for review of weekend staffing at maternity unit after death of newborn
A Fatal Accident Inquiry (FAI) has told a health board to review its weekend and evening staff following the death of a newborn baby in 2018. Freya Murphy was born on July 21 2018 at 9.31am in Queen Elizabeth University Hospital (QUEH) in Glasgow and died there on July 28, aged seven days and 12 hours old. The cause of death was given as global ischemic brain injury associated with acute chorioamnionitis. An inquiry was held into the death where Freya's parents questioned why the UK is not screening pregnant mothers for Group B strep, and they raised concerns about 'failings in her care' at the QEUH. First-time mother Karen Murphy and her husband, Martin Murphy, said they have been 'left devastated by failings in her care' and 'missed a lifetime of memories with our precious daughter', while their other children 'suffer daily without their big sister'. Sheriff Barry Divers said that there were 'no defects in any system of working which contributed to Freya's death' and said the death 'could not realistically have been avoided'. He, however, found a 'clear impression from the evidence' that if Freya's difficult birth had occurred on a Monday rather than a Saturday, the hospital's 'inability to open a second theatre would have been one less issue to worry about'. 'It does seem to me on the basis of the evidence I heard, that if an emergency of this type arises, with two patients both of whom need to be in theatre at the same time, then QEUH is far better able to cope with that demand during a weekday than at the weekend,' Sheriff Divers said in his determination. 'As such emergencies can arise at any time, it seems to me that such a situation might amount to a defect in the system of work.' The sheriff also made a recommendation in relation to UK policy on screening for Group B Streptococcus ('GBS'). Mrs Murphy, then aged 32 and a first-time mother, was deemed to be a 'low-risk' pregnancy, and induction was planned for July 20 2018, however, she requested it be pushed back by three days, according to a statement of agreed evidence read to the court. Fiscal depute Amanda Allan told the court that on July 19, Freya's heartbeat was recorded as 150 beats per minute (bpm), and Mrs Murphy, a teacher from Cambuslang, began contractions later that day. The following evening, Mrs Murphy arrived at the QEUH with the foetal heartbeat noted as 144bpm and she was transferred to the labour unit at about 10.20pm. At 6.30am on July 21, she was advised to start pushing, the inquiry heard. At about 7.20am, a midwife noted that Mrs Murphy's pulse was elevated, and informed Dr Felicity Watson, who had carried out a vaginal examination and advised Mrs Murphy that she could have a 'rest from pushing for an hour', which she declined to do, Ms Allan told the court. Midwife Helen Kidd reported at 8.45am that a CTG (cardiotocograph) was showing signs of 'deceleration', however, Dr Amy Sinclair and Dr Marieanne Ledingham left to attend another woman, Patient A, the court heard. At the time, 12 women were on the ward, including seven in labour. Dr Ledingham returned to review Mrs Murphy and noted 'deceleration', however, Dr Sinclair advised her that Patient A needed surgical delivery. The court heard that Dr Sinclair and Ms Kidd delivered baby Freya at 9.30am 'covered in copious thick meconium'. Ms Allan said: 'Freya was noted to be born in poor condition, she required resuscitation and CPR continued for 17 minutes.' Freya was then transferred to neonatal ICU and was suspected to have suffered a brain injury, the inquiry heard. Ms Allan added: 'It was agreed that continuing intensive care treatment was not in Freya's best interests and she was unlikely to survive.' Freya died just before 10pm on July 28, aged a week old, and her cause of death was global hypoxic ischaemic brain injury associated with acute chorioamnionitis, following a post-mortem examination. A significant clinical incident investigation review was carried out in 2019 with six recommendations, and an external review was commissioned by Dr Michael Munro, a neonatal specialist who wrote in a report that 'amnionitis caused by Group B strep remains the most likely cause of Freya's brain injury as there appears to be nothing else to cause it', and noted that after birth, 'care was delivered to (a) high standard', the court heard. Giving evidence by videolink, Dr Munro said: 'The trajectory of the decline is really impossible to be certain of, there are no studies I'm aware of, of the specific circumstances Freya found herself in. 'The process of that starting and the baby dying can be just less than 30 minutes.' Dr Munro said he believed Group B strep – an infection passed from the mother's body to the baby via amniotic fluid – was 'the most likely cause as there's nothing else from the notes I've seen to explain what happened'. He said: 'It can cause stillbirth, therefore, what we are dealing with here is stillbirth just before Freya's heart tragically stopped.' He agreed that earlier delivery would have helped, but added: 'I don't think it's possible to say, 'had Freya been delivered at this time point she would have avoided brain injury or survived'.' Dr Munro told the court the mortality rate (of Group B strep) is 'round about 5%, it's a minority of babies who succumb' and Freya was 'close to being recorded as (a) stillbirth' as her heartrate was so slow. He added: 'A lot of women carry Group B strep, around a third – it singles out a very small number of babies, either causing a stillbirth or a baby to be born in very poor condition.' Dr Munro said screening for Group B strep has been carried out in America since 2002, and 15,000 babies born in Scotland in 2023 would have been potentially affected by the infection. He said the 'risk of exposing lots of babies to antibiotics they don't need' was a major consideration for medics, but added: 'I would like universal screening. One of the most advanced healthcare systems in the world is doing it and you have to question why the UK is not.' The determination said: 'It was clear on the evidence that all those clinicians (doctors and midwives) who spoke to their involvement with Freya, were motivated in their actions by doing what they thought was best for Freya and Mrs Murphy. 'It was obvious during their evidence that Freya's tragic death has left a mark upon each of them in different ways which will last for the rest of their professional careers and beyond. 'For the reasons I have explained, I have not been able to make all the findings or recommendations which they sought. 'However, I hope that the entirety of this FAI process, including the preparation for the evidential hearing, the evidence which was led, the submissions made and this determination, has at least addressed the questions which they have about what happened. 'It was suggested that the adoption of routine screening for GBS would be a suitable tribute for Freya. I understand why that submission was made. 'However, if I might respectfully say, I do not consider that would be accurate, even if it were to happen. 'The real tribute to Freya is the obvious love carried for Freya by her mother and father, which love has no doubt been passed on to Freya's siblings.' Dr Claire Harrow, deputy medical director for acute services at NHS Greater Glasgow and Clyde said: 'We would like to extend our sincerest condolences to the family of Freya Murphy, and once again to apologise for the distress they have experienced. 'The care Freya received fell below the standards expected and for this, we are very sorry. 'We have received the findings from the FAI. The recommendation for NHSGGC on staffing has already been implemented. 'In line with the recommendation on Group B Streptococcus, we plan to make a formal approach to United Kingdom National Screening Committee.' Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
