Son calls for murder enquiry after his mum given one day’s calorie intake in three weeks in hospital
A son has launched a legal action against the NHS amid claims his mum starved to death in a Scottish hospital.
Peter Tulloch, 56, has also demanded police open a fresh criminal inquiry into the death mum Jean, 83, after a damning new medical report criticised her care as “negligent” and “unlawful”.
The dossier by a respected hospital consultant says the gran of 11 was given less than a days’ calorie intake over her entire three and a half week stay at Edinburgh’s Western General, where she was being treated for a urinary tract infection.
It was commissioned by a lawyer acting on behalf of Peter after he raised concerns about the use of the Liverpool Care Pathway on his mum.
This independent report which comes as both Scottish and the UK Governments look to introduce jail time for medics found guilty of wilful neglect concludes that:
While Jean’s death certificate officially lists “end-stage dementia” as killing her, the “starvation diet” she was put on “materially contributed to her death.”
The retired nurse was put on the controversial Liverpool Care Pathway without proper consent.
And medical staff ignored her son’s rights to make decisions on her behalf as her legally appointed welfare guardian.
Last night Peter blasted: “I have called for a murder enquiry to be opened into this now. As far as I’m concerned this is proof that my mum was neglected in hospital.
“I was concerned that my mother was not being fed at the time and raised the issue in formal complaints which were not treated properly.
“No attempt to feed her was ever made. She was let down by the NHS and I want answers. Doctors and nurses should face stiff penalties for neglect.
“A few prominent convictions would concentrate people’s minds and prevent a lot of the abuse that has been exposed recently.”
Care home resident Jean Tulloch, 83, died in March 2012 after three weeks spent in Edinburgh’s Western Infirmary being treated for a urinary tract infection.
Within a week doctors had stabilised the infection but told her family that she would still be dead within three weeks.
But her son, Peter a London Underground systems engineer travelled up from England and claims he found him mum “far from dying.”
She was conscious, able to smile and communicate with gestures but was unable to talk because of sores in her mouth, he claims.
Doctors advised the family to return to their homes and jobs and that they would be notified of any deterioration of Jean’s condition.
But Peter paid an unexpected visit the following day, March 15, where he discovered his mum had been put on the Liverpool Care Pathway by medics.
After objecting the LCP’s use where fluids and nutrition are withdrawn to end a patient’s live doctors took her off it.
Two weeks later on March 29 she died.
Last night Margaret Watt of Scotland’s Patient Association said: “It is shocking to think patients could starve to death in hospital. A full criminal investigation should be carried out in this case.”
Cameron Fyfe, of Drummond Miller said: “Peter instructed me to obtain a report from an expert consultant on whether his mother was deprived of nutrition by the hospital.
“The expert believes this was the case and that the lack of nutrition materially contributed to Mrs Tulloch’s death.
“We have now intimated a claim for compensation against the Health Board.”
A Crown Office spokesperson said: “The Scottish Fatalities Investigation Unit is considering the facts and circumstances of the death of Jean Tulloch.”
Tracey Gillies, Associate Medical Director, NHS Lothian, responded: “We cannot comment on individual patient cases and as this is now a legal issue it would be inappropriate for us to comment further.”
Last year, the Crown Office launched an investigation into Jean’s death after Peter complained about doctors putting her on the Liverpool Care Pathway.
That investigation is ongoing.
But he now believes the Crown should consider a fresh inquiry looking at criminal charges against medics dealing with the new allegations of maltreatment.
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