Esegbona -v- King’s College Hospital NHS Foundation Trust [22 January 2019] EWHC 77 (QB)

The C brings this claim as administrator of the estate of deceased, her mother. The action is brought in negligence and false imprisonment…[1]

deceased was admitted in the early hours of 20 October [2010]. She was found to have pulmonary oedema caused by acute left-sided heart failure in the context of fast paroxysmal atrial fibrillation. She was treated and deemed medically fit for discharge by 27 October, but on the evening of 27 October she suffered a hypoglycaemic episode. She suffered a further severe hypoglycaemic episode on 28 October at around 3:45pm during which she had a seizure and aspirated. She was intubated and admitted into the intensive care unit (“ICU”) in a coma. [5]

discharge to nursing home on 14 June 2011. [18]

On 23rd June 2011 deceased sadly died. She had been found by staff unresponsive and with her tracheostomy tube removed. [19]

Following an inquest, the cause of death was given as: 1a) a sudden cardiac arrest and; 1b) lymphocytic myocarditis and self-extubation of tracheostomy tube. [20]

Deceased was born on 1 January 1943 and was 68 years old at the date of her death. [21]

It is C’s case that the D was negligent, when deceased was discharged, in failing to provide nursing home with sufficient information about her tracheostomy care needs. [22]

C’s case is that deceased was falsely imprisoned between 10 February 2011 and 14 June 2011. [38]

I find that the defendant was negligent and causatively negligent. [203]

I find that deceased was falsely imprisoned from 15 February 2011. [224]

judgement for the claimant [244]