Parents aim to sue NHS 24 over tragic death of son Leylan, 4

Couple ready to pursue case of negligence after receiving ‘wrong advice’

The parents of a four-year-old boy who died suddenly at home are preparing to sue NHS 24 in a civil action.

Leylan Forte died in Montrose on April 27, 2015 after becoming seriously ill.

His parents say they are in a position to pursue a case of negligence against NHS 24, which provides health information and advice to the people of Scotland through websites, webchat and telephone services.

The toddler, who attended Armitstead Child Development Centre Nursery in Dundee for a time, was found to have died from dehydration, gastroenteritis and norovirus.

Leylan suffered from cerebral palsy, suspected autism and an eating disorder. He was also unable to communicate. His mother and father, Leanne Smith, 40, and Wayne Forte, 50, believe they have sufficient evidence to pursue a civil action.

Leanne said: “We received a report recently from a professor of medicine in which he stated his belief that NHS 24 gave us wrong advice.

“On the basis of that we are planning to sue them for negligence. With better advice Leylan might still be alive .

“The medical report also states that an ambulance should have been sent to Leylan on the same day as our call to them but was not. This could have been a contributing factor in his death.

“We have waited a long time but we feel we are finally getting somewhere.”

Leanne said the couple have a meeting planned with the procurator fiscal in Dundee at the end of this month.

She added: “Leylan would have been eight years old on November 26.

“It is now almost four years since he died and we have not been able to think about anything else in all that time.

“We have been waiting for answers and I hope we are now a step nearer to getting some kind of closure.

“I am hopeful that the procurator fiscal will agree there is a case to answer.”

NHS 24 medical director Dr Laura Ryan said: “We were very sorry to hear of Leylan’s death in 2015 and our sympathies are with his family.

“With regard to legal action, we will participate as required in any further investigation into the service which was provided by NHS 24.”

I hope we are nearer to some kind of closure. LEANNE SMITH

Picture: Paul Reid Wayne Forte and Leanne Smith with a photograph of their son Leylan who died aged four.