NHS Lothian fined after two patients die in window falls

The two men died at the Western General Hospital in Edinburgh

NHS Lothian has been fined £220,000 for safety breaches after two patients died when they fell out of hospital windows in separate incidents.

The Health and Safety Executive (HSE) investigated the deaths of the men, aged 55 and 79, at the Western General Hospital, Edinburgh.

The HSE said "two vulnerable gentlemen" who were in hospital to receive care lost their lives in "tragic incidents" in 2017 and 2021.

NHS Lothian has apologised to the families of both men, and said a number of actions had been taken to prevent similar incidents in future.

The 55-year-old man died in October 2017, having been in the neurosurgery ward after a suicide attempt where he sustained a head injury.

He died after falling from a second-storey window in his room, which was not restricted to the required 10cm opening gap.

The HSE said the man had undergone surgery which could cause confusion, delirium and anxiety, putting him into a category of increased risk.

It said he was in a room without suitably restricted windows.

The 79-year-old was in the care for at Western General Hospital's medical assessment unit on in January 2021.

He was experiencing hallucinations, confusion, distress and delirium and had tried to escape the ward over the course of several days.

Hospital staff found him unconscious in the canteen preparation room, after falling from a first-floor window.

His condition declined until he died two weeks later.

Immediate actions

NHS Lothian was fined £45,000 for the first incident, and £175,000 for the second at Edinburgh Sheriff Court on Thursday.

The health board pleaded guilty to breaching the Health and Safety at Work etc. Act 1974.

HSE inspector Kerry Cringan said: "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."

NHS Lothian said that following the incidents "a range of immediate actions" were undertaken.

Dr Tracey Gillies, medical director at the health board, added: "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."