Mum sues DHB over son’s death
The Upper Hutt mother of a mental health patient who died of suspected suicide is suing Wellington’s health board for depriving him of his right to life.
Lyn Copland’s son Samuel Fischer died in April 2015, in Wellington’s secure mental health unit, where he was placed for his own safety. His was only the second death inside the unit in 20 years.
Copland filed papers at Wellington’s High Court last week, claiming $100,000 in compensation for Capital & Coast District Health Board’s failure to prevent the death of her son.
She is claiming the DHB breached Fischer’s right not to be deprived of life, as enshrined in the Bill of Rights Act.
The unusual ‘‘right to life’’ claim is a novel approach to getting around ACC legislation, which prevents people suing for personal injury.
Copland brought photos of Sam to court, so he could be there for the big day. But she felt no joy – ‘‘I just want him back’’. She was taking the legal action in the hope of improving the mental health system for others and hoped Health Minister Jonathan Coleman would take notice.
Copland’s barrister, Richard Francois, said the case was about accountability. In 2014, there were 139 suspected suicides of mental health patients, of which 131 were in the community, six in inpatient units and two on approved leave.
‘‘So many psych patients are dying in the care of the state. And the state just says either, ‘We’re sorry’ or ‘We couldn’t have really done much more’. They just weasel their way out of it.’’
If successful, the principle could be extended to prisoners who committed suicide and potentially even the families of those killed by mental health patients under state care, Francois said.
The statement of claim argued Capital & Coast ought to have known Fischer was at ‘‘real and immediate risk’’ of committing suicide and that it failed in its obligation to take reasonable steps to prevent that happening.
The claim also alleged the DHB increased Fischer’s anxiety and distress through shame, seclusion and failing to prevent him racking up a $20,000 credit card debt.
A review of Fischer’s death previously found doctors ignored his long history of suicide attempts: ‘‘The risk of attempted suicide should have been a prominent feature in his management planning because of his many past attempts and current instability,’’ the reviewers concluded.
After Fischer’s death, Capital & Coast denied he had previously attempted suicide in the inpatient unit. However, .Copland’s statement of claim goes further, alleging three incidents of suicidal behaviour and numerous suicide threats, in the weeks leading to Fischer’s death.
Capital & Coast DHB said it could not comment on Copland’s claims as it was not yet aware of any legal action.
Copland has already won a Privacy Commission complaint, after Capital & Coast boss Debbie Chin sent an email to the board’s 3200 staff discussing Fischer’s death and attacking Copland’s reputation. The Mental Health Commissioner is also investigating Fischer’s care.
WHERE TO GET HELP CARE CRITICISED
Reviewers have also criticised Samuel Fischer’s care in Hutt Hospital’smental health unit. A report by district inspector Annette Gray, commissioned after Lyn Copland complained that patients were bringing cannabis into the mental health unit, found Fischer’s mental statewas worsened by his access to illegal drugs. While Gray noted Fischer’s behaviour was extremely challenging, she also found the Hutt unit had overused seclusion and had a culture of using it as behaviour management rather than treatment, once leaving him in solitary confinement for 38 hours. Statistics showHutt Valley still has one of the country’s highest seclusion rates. Copland said change must begin in community mental health, which she called community mental neglect because they failed to heed earlywarning signs and listen to family concerns and were impossible to get hold of.