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Scald death care home sentenced | Scald death care home sentenced |
(20 minutes later) | |
A care home has been fined £100,000 after a disabled woman was scalded in a bath and died from her injuries. | A care home has been fined £100,000 after a disabled woman was scalded in a bath and died from her injuries. |
Yelena Hasselberg-Langley, who needed 24-hour care, suffered 25% burns when she was put into the bath at Lifeways Community Care Home in Oxford in 2007. | |
The 18-year-old, who had cerebral palsy and epilepsy, died of multiple organ failure in hospital four days later. An inquest recorded a narrative verdict. | The 18-year-old, who had cerebral palsy and epilepsy, died of multiple organ failure in hospital four days later. An inquest recorded a narrative verdict. |
Lifeways Community Care admitted health and safety breaches last year. | Lifeways Community Care admitted health and safety breaches last year. |
The firm was also ordered to pay £45,000 costs. | The firm was also ordered to pay £45,000 costs. |
'Excruciating agony' | 'Excruciating agony' |
The Health and Safety Executive, which prosecuted the company, said the water was "excessively hot" at more than 44C (111.2F). | The Health and Safety Executive, which prosecuted the company, said the water was "excessively hot" at more than 44C (111.2F). |
Judge Patrick Eccles QC, said: "The case evokes a great deal of pity for her suffering and a sense of outrage that her ensuing scalding injury and death could have been easily avoided. | Judge Patrick Eccles QC, said: "The case evokes a great deal of pity for her suffering and a sense of outrage that her ensuing scalding injury and death could have been easily avoided. |
"She was blind, paraplegic, epileptic and severely disabled. | "She was blind, paraplegic, epileptic and severely disabled. |
"She had some power of speech but could not clearly communicate her distress when placed in the bath and she would have suffered excruciating agony before being taken to hospital." | "She had some power of speech but could not clearly communicate her distress when placed in the bath and she would have suffered excruciating agony before being taken to hospital." |
During an inquest at Oxford Coroner's Court into Ms Hasselberg-Langley's death, two carers told how they had not been trained in using the bath and thought its temperature was controlled by a thermostat. | During an inquest at Oxford Coroner's Court into Ms Hasselberg-Langley's death, two carers told how they had not been trained in using the bath and thought its temperature was controlled by a thermostat. |
The court heard a special valve to prevent scalding was never set | |
One of the carers, Anna Majchrowska, told the jury she tested the water before Ms Hasselberg-Langley was lowered into it and had been happy it was at the right temperature. | One of the carers, Anna Majchrowska, told the jury she tested the water before Ms Hasselberg-Langley was lowered into it and had been happy it was at the right temperature. |
Pamela Booker, the other carer, said she had refused to operate the bath at the home in Owens Way, Cowley. | |
Instead, Ms Booker said she prepared Ms Hasselberg-Langley for her bath by changing her before placing her into a sling and lowering her into the water. | Instead, Ms Booker said she prepared Ms Hasselberg-Langley for her bath by changing her before placing her into a sling and lowering her into the water. |
She told the inquest that Ms Hasselberg-Langley went rigid and her skin reddened and she shouted to her colleague to raise the hoist. | She told the inquest that Ms Hasselberg-Langley went rigid and her skin reddened and she shouted to her colleague to raise the hoist. |
A police inquiry was conducted but the Crown Prosecution Service decided that no criminal charges would be brought. | |
The Health and Safety Executive, which prosecuted Lifeways, said the investigation revealed that although the bath used was fitted with a special valve to prevent scalding, this valve was never set. | |
But Judge Eccles acknowledged the HSE inquiry failed to reveal who had fitted or failed to set the bath valve which could have prevented the tragedy. | |
However, he added: "After seven weeks there was still no bath thermometer for testing the water [at the care home] and none of the staff had been trained to implement Lifeways' written policy for bathing service users." | |
Judge Eccles said the company policy required bath water to be between 37C and 40C, and staff were advised to physically test the temperature with an elbow or un-gloved hand. |