by Lynn Cox

Hospital bosses have admitted breaching health and safety laws following the death of a patient who fell out of a first floor window.

Medway NHS Foundation Trust which runs Medway Maritime Hospital was fined, £42,000 today at Maidstone Crown Court.

It was prosecuted by the Health and Safety Executive (HSE) following the death of Danny Jewitt, who died in 2009.

The 45-year-old (pictured right), who lived in Paget Street, Gillingham, had been suffering from confusion and memory loss when he died as a result of the fall on May 10.

The prosecution centred around the trust’s failure to ensure that patients, especially vulnerable ones, were not exposed to risk from falls from windows.

The basis of the trust’s guilty plea was that it had failed to ensure patients safety despite identifying in 2007 the need to put restrictions on such old sash windows such as the one Mr Jewitt fell from.

However, the court heard this work was not carried out as there was a lack of comminution from senior management to personnel who would have carried out the work.

An inquest in Mr Jewitt’s death in 2010, found he had probably exited the window of his own volition, but the hearing was unable to determine why.

Medway Maritime Hospital, where Mr Jewitt fell to his death

Mr Jewitt had been unsteady on his feet and suffered from memory loss and confusion due to the effects of long-term misuse of alcohol on his brain.

He lived with his partner Carol Turner, and suffered serious injuries in the fall and, although he was treated at the hospital’s accident and emergency ward, he died from his injuries.

The former painter and decorator suffered from alcoholism and went into hospital after Miss Turner, who was in court for the case today, could not get him out of bed.

Speaking today, Danny’s partner of 19 years, said: “I have lost someone who was special to me, and made me feel special, and who I love very much.

“You don’t expect something like this to happen - Danny went in to the hospital to be cared for.

"I’m upset that the Trust has not taken the time to formally apologise for what happened, or even sent a letter of condolence.”

Judge Philip St John-Stevens said the trust had promptly accepted full responsibilty for the tragic incident and had a good health and safety record.
The trust was also ordered they pay costs of £19,073.68.

For the full story see Monday's edition of Medway Messenger.