Health Board Fined After Patient Contracts Legionnaires Disease

Lanarkshire Health Board has been fined £24,000 at Hamilton Sheriff Court for a breach of the Health and Safety at Work etc Act 1974 which led to a hospital patient contracting Legionnaires' Disease.

Over the course of November 2008, a 64 year old female patient at Hartwoodhill hospital became gravely ill and was admitted to Wishaw General Hospital where she was diagnosed as having Legionnaires' Disease.

An investigation by the Health and Safety Executive identified that legionella bacteria was present in three sources in the water system at Hartwoodhill hospital. Two of those sources, including the shower used by the patient on a daily basis, matched the strain of legionella bacteria that had caused her illness.

The HSE investigation also established that a suitable and sufficient assessment of the risks from the potential presence of legionella bacteria to persons using the facilities had not been carried out, nor was there a safe scheme in place to manage and control the risks of exposure to that form of bacteria in the water system at Hartwoodhill Hospital.

Following the case, Elaine Taylor, head of the COPFS Health and Safety Division, said: "Over a significant period of time there was no suitable and sufficient assessment or management of the risks of there being legionella bacteria at Hartwoodhill. Legionnaires' disease is a very dangerous illness and those who fail to manage their systems adequately and expose persons to risk of contracting it, whether private companies or bodies such as Health Boards, can expect to be prosecuted."

HSE inspector, Mike Orr added: "This investigation highlights the importance of having robust management arrangements in place to ensure that the risk from legionella is controlled. This is particularly important where potentially vulnerable groups, such as patients in hospitals, are at risk. Responsibility for implementing the arrangements should be assigned to a competent senior manager and the effectiveness of the arrangements should be subject to monitoring."

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