Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Hospital apologises for 'do not resuscitate' order on Down's Syndrome man Andrew Waters

'There was nothing wrong with Andrew’s health at the time which would have had an effect on resuscitation,' says brother

Emma Henderson
Wednesday 09 December 2015 13:24 EST
Comments
His learning difficulties and Down’s Syndrome had been listed, among other reasons including unable to swallow (PEG fed) and bed bound for the DNR
His learning difficulties and Down’s Syndrome had been listed, among other reasons including unable to swallow (PEG fed) and bed bound for the DNR (Leigh Day/ PA)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A hospital trust has apologised for wrongly putting a "do not resuscitate" (DNR) on the medical file of a man with Down's Syndrome.

Andrew Waters’ family were not consulted about the order and were only made aware of the situation when he was discharged from Queen Elizabeth the Queen Mother hospital in Margate, Kent in 2011.

His learning difficulties and Down’s Syndrome had been listed as reasons for the DNR, among others including the fact he was unable to swallow and bed-bound.

The Guardian reported the order also stated that his next of kin were unavailable for consultation, despite family members making daily visits.

East Kent Hospitals NHS Trust has admitted breaching Mr Waters’ human rights, who died aged 53.

Michael Waters, Andrew’s brother, told BBC News: “For someone to make that decision, without consulting a member of the family or any one of his carers, was just totally unacceptable.

“No one has the right to make such a decision in such a disgraceful way...to put those reasons down.

“We were there at hospital and involved in his care at every point. The form was a folded-up piece of paper found in his bag after discharge, by his carers.

“There was nothing wrong with Andrew’s health at the time which would have had an effect on resuscitation.”

He had been admitted to hospital with problems related to his dementia, when staff decided he should not be resuscitated.

The family have accepted the hospital’s acknowledgement of breaching Mr Waters’ human rights.

Michael Waters said: “It’s taken a long time for the hospital to admit this, which we’ve found hard.

“All we ever wanted from this case was a simple apology. People with Down’s Syndrome deserve the right to live like you and me.”

The family never sought compensation over his death.

In a statement, East Kent Hospitals University NHS Foundation Trust said: “The trust accepts that it breached its duty owed to the patient.

“We apologise unreservedly for this and the distress caused.

“Actions have been taken to ensure this does not happen again and the rust has now reached a resolution with the family.”

Jan Tregelles, head of the Mencap charity, said: “This highlights the failures of care that are a daily reality for many people with a learning disability trying to get access to good quality healthcare."

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in