Grieving family sue NHS Borders for £300,000
David Knox • Published 8 Nov 2011 09:27
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A ST BOSWELLS teenager is taking NHS Borders to court following the death of her mother more than five years ago.
Caitlin O'Neill was only 12 when her mum, Lisa, died. Now, having turned 18, she is leading a legal fight against the health board she believes could have prevented her mother's death.
She is claiming £200,000 while her grandmother, Anne O'Neill, is pursuing a claim for £100,000.
The family say doctors should have operated on Lisa to find out the cause of her stomach pains and sickness after being admitted to Borders General Hospital when she was 15 weeks pregnant.
They claim the procedure posed only a "small risk" to the unborn boy, who died along with his mother.
Papers lodged at the Court of Session in Edinburgh last week say the 33-year-old was admitted to the hospital on July 30 suffering from upper abdominal pain.
Lawyers acting on behalf of the O'Neill family claim that medics considered carrying out a laparotomy, which would have involved making a large incision to her abdomen.
The legal papers say one consultant "considered performing" the procedure, but chose not to do so "due to a risk to her unborn child".
Lisa was discharged from the BGH after five days. She continued to suffer from stomach pains and sickness at home until her partner, Robert Smith, discovered her body in the early hours of August 18, 2006.
Lisa's mother Anne spoke out at the time. She said: "My daughter should not be dead - it should not have happened. "Lisa was sent home in pain. She could hardly walk when I went to pick her up from the hospital. As well as my daughter, I have also lost what would have been my first grandson."
NHS Borders have denied responsibility. Their lawyers say that three days before Miss O'Neill left the hospital a doctor and a consultant discussed her condition, but agreed they could find no "serious cause" for her symptoms.
And three days after she was discharged, Miss O'Neill's GP suggested she go back to hospital.
Dr Jean Turner, chief executive of Scotland Patients' Association, said: "I am sure this is the best way to find out why her mother died."
This article appeared in Border Telegraph 08 Nov 11
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