NHS board fined £220,000 after patients fall to death from hospital windows

A Scottish health board has been fined £220,000 for safety breaches after two vulnerable patients died after falling from hospital windows.

Both men were being cared for at the Western General Hospital in Edinburgh, which is operated by NHS Lothian, at the time of their deaths.

The health board has been found to have “failed to ensure the risks patients of falling from windows” were adequately managed and ordered to pay £45,000 and £175,000 respectively for the deaths.

On October 29, 2017, a 55-year-old man was in the neurosurgery ward following an attempt to take his own life in which he sustained a head injury.

While in the care of the ward he fell more than 11 metres from a second-floor window in his room which wasn’t restricted to the required 100mm opening gap.

The man had undergone surgery which can cause confusion, delirium, and anxiety and was deemed to have been at increased risk by the Health and Safety Executive.

On January 23, 2021, a 79-year-old man was being cared for on the Medical Assessment Unit.

He was presenting with hallucinations, confusion, distress and showing signs of delirium.

After multiple attempts to abscond over several days, he left the ward and was found some five hours later in the hospital canteen preparation room having fallen from a first-floor window.

He never regained consciousness and his condition declined until he sadly passed away on February 8, 2021.

It was found that the man was never transferred to a secure ward due to prevent him from absconding due to the movement between wards being “strictly controlled” to reduce the risks of Covid infections.

At Edinburgh Sheriff Court on March 19, 2024, Lothian Health Board pleaded guilty to breaching Regulations Section 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974.

They were fined £45,000 in relation to the first incident and £175,000 for the second on 21 March 2024.

Speaking after the case, HSE inspector Kerry Cringan said: “Two vulnerable gentlemen who were in hospital to receive care lost their lives in these tragic incidents. Lothian Health Board failed to ensure the risks patients of falling from windows were adequately managed.

“All companies operating in the health and social care sector are required to ensure that systems of work are in place to ensure those in their care are safe. The risk of falls from windows is well-known and there are standards for opening sizes that must be achieved. HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Dr Tracey Gillies, Medical Director, NHS Lothian said, “Following these incidents, a range of immediate actions were undertaken. Comprehensive reviews were also carried out to ensure that lessons could be learned and processes changed in caring for patients.

“We once again apologise to the families of both patients.”