Scotland’s largest health board a formal suspect in corporate homicide investigation

Scotland’s largest health board has been named as a formal suspect in a corporate homicide investigation following the deaths of four patients at a “super hospital” that had problems with its water supply.

NHS Greater Glasgow and Clyde (NHS GGC) informed families of the development – which could lead to the first ever prosecution of its kind in Scotland – using a closed Facebook group set up during the water contamination crisis.

The Sunday Mail reported that the board was likely to face corporate homicide charges into the deaths of three children and an adult at the city’s Queen Elizabeth University Hospital (QEUH).

NHS GGC admitted that it had received an update from the Crown Office stating that the board was a suspect but insisted that prosecutors had yet to form a “final view” on whether charges would be brought.

Police have previously launched a criminal investigation into a number of deaths at the hospital, including that of 10-year-old Milly Main. The leukaemia patient died in 2017 after contracting stenotrophomonas, an infection found in water.

Kimberley Darroch, her mother, accused NHS GGC of a cover-up after stating she was never given a “clear indication” of the cause.

A whistleblower later came forward alleging the hospital’s water supply was responsible and a review found the infection was probably caused by the QEUH environment but it was not definitive.

Ms Darroch previously told a separate public inquiry into the building of several Scottish hospitals, including QEUH, that her child’s death was “murder”.

The Crown Office has also instructed officers to investigate the deaths of two boys, aged 10 and three, and 73-year-old Gail Armstrong. They were also receiving treatment for cancer at QEUH when they contracted rare infections and died.

The health board faces an unlimited fine if found guilty in a jury trial and senior staff could also face prosecution. QEUH is Scotland’s largest hospital.

The public inquiry is investigating major infection problems linked to the construction of the £842 million complex, which opened ahead of schedule in April 2015.

Queen Elizabeth University Hospital in Glasgow

Queen Elizabeth University Hospital in Glasgow is Scotland’s largest hospital – Jane Barlow/PA Wire

Responding to the board being named as a suspect, Ms Darroch, of Lanark, told the Sunday Mail: “I’ve been told about this development and we believe it’s a step in the right direction and we are taking time as a family to reflect on it.”

Anas Sarwar, the Scottish Labour leader, said: “It has taken four years to get this far, and what Kimberly has been told by the police could mean we are now one step closer to getting justice for Milly.

“Throughout this entire ordeal, Kimberly and all those who lost loved ones have shown extraordinary courage, while the health board engaged in denial and cover-up. To this day, nobody has been held to account for what went so tragically wrong.”

He added: “I hope the full force of the law is used so that no family ever again has to go through what Milly’s family have been through.”

Ian Moir, solicitor and partner at law firm Moir and Sweeney, said the move to name NHS GGC as a suspect was unprecedented. He added: “It is unlikely this step would be taken unless the police felt they had grounds to pursue the case.”

A spokesman for the health board said its “sympathies remain” with the affected families. He said: “We have received a communication from the Crown Office and Procurator Fiscal Service (COPFS) about this update to the status of their ongoing inquiry.

“It should be made clear that this letter does not indicate that the COPFS have formed a final view. They have thanked us for our voluntary contribution so far, and we will continue to cooperate with this investigation.”

A Police Scotland spokesman said: “COPFS asked Police Scotland to investigate a number of deaths at Queen Elizabeth University Hospital campus, Glasgow. Our investigation is ongoing, it would be inappropriate to comment further.”

Meanwhile, a COPFS spokesman said: “As this is an ongoing investigation we are not in a position to offer any comment.”

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