Maidstone and Tunbridge Wells NHS Trust fined six-figure sum after patient Michael Wilcock suffered severe burns during routine procedure
Published: 15:30, 18 December 2014
A hospital trust has been ordered to pay almost £200,000 after a string of failures left a patient requiring plastic surgery after he was severely burned by a warming blanket called the 'hot dog'.
Michael Wilcock needed extensive treatment and plastic surgery after his right buttock and hip were cooked at 40C by the device, which is used to keep patients warm during hospital procedures.
The injuries — caused during a routine 90-minute operation at Maidstone Hospital in 2012 — meant the 58-year-old from Tunbridge Wells had to be sent to a specialist burns unit at Queen Victoria Hospital, East Grinstead.
Warning: graphic images below
Appearing at Maidstone Crown Court today, the Maidstone and Tunbridge Wells NHS Trust (MTWT), which has previously accepted eight serious failures, was handed a fine of £180,000 and ordered to pay £14,970 in costs.
The blanket's sensor, used to control the temperature, was placed on a cold saline bag, which was being used to wedge Mr Wilcock in place, rather than on his body.
Registering a low temperature, this caused more heat to be emitted than needed and failed to trigger an alarm on the device - resulting in Mr Wilcock's injuries.
The court heard how the mattress can reach temperatures of 40C in just 20 minutes, and 50C within 40 minutes when not used correctly.
Mr Wilcock, who works for the Health and Safety Executive and is pursuing a civil claim, underwent two further operations following the incident, one of which led to a temporary heart problem.
At a hearing at Maidstone Magistrates' Court in September, MTWT admitted its failure to ensure the safety of a patient in breach of the Health and Safety Act 1974.
Appearing at Inner London Crown Court last week Malcolm Fortune, representing the trust recommended a fine of £200,000 to Mr Justice Sweeney, which he said would set a clear example.
The burn caused permanent scarring and left Mr Wilcock out of work for four months.
He must now be chauffeured by his wife Eileen due to mobility problems and has had to give up sailing at his local club.
The court heard that the couple have had to attend counselling sessions and have experienced relationship problems since the incident two-years-ago.
Mr Justice Sweeney sentencing said: "Mr Wilcock's injuries are life changing for the worst. The consequences for him and his wife have been severe."
He explained how two earlier incidents of minor burns caused by the machine in 2011 and 2012 were not fully investigated.
He added that the machine had not been serviced two years ago, while the equipment had not been properly assessed by the appropriate medical devices group.
The court heard how staff had also failed to read the manual that came with the blanket, which was introduced in 2011 and was immediately withdrawn after the incident, and that during testing there were seven recorded cases of the device failing to work correctly.
The trust has already paid £86,000 to the Health and Safety Executive in relation to the incident.
Mr Sweeney said since the trust had changed procedures and now guarantee that all staff are now fully trained in new equipment used during procedures.
Speaking after the hearing Mr Wilcock, of Langton Green, said: "I'm pleased it's all over and I think the level of fine shows the judge took the incident seriously. I do not blame any of the staff at Maidstone Hospital as they have all been very upset by the incident.
"I was shocked when I heard about the two previous incidents and seriously hope the NHS take notice of this and make the appropriate changes. As far as I'm aware while the trust has scrapped the device it is still in use at other facilities."
Dr Paul Sigston, medical director of the trust who was interviewed under caution by the organisation following the incident, said: "On behalf of MTWT I would like to personally apologise to both Mr and Mrs Wilcock. I am deeply sorry for the pain and distress they have suffered as a consequence of this incident.
"The injury Mr Wilcock suffered while in our care should not have happened, and it is clear that safeguards we had in place for the use of the device were inadequate. We have cooperated fully with the HSE to identify our failings and have made significant changes to ensure this never happens again."
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