Family sues charity for £100k over bath death
£1,680 40p
THE family of a disabled woman who died after being scalded in the bath when a carer left the hot tap running are suing for more than £100,000.
Margaret Gilchrist suffered burns on up to 90 per cent of her body while left alone in the tub at home in Carntyne, Glasgow.
The 50-year-old – who had severe learning difficulties from birth and was registered blind and had epilepsy – was being looked after by Enable Scotland worker Mary Cameron when the tragedy happened.
A fatal accident inquiry heard Miss Cameron had left Miss Gilchrist for more than 30 minutes while she carried out other duties.
In his determination this week, Sheriff Lindsay Wood found the death on September 26, 2013, could have been avoided if the carer had made regular checks.
Three members of Miss Gilchrist’s family – her nephew Peter Graham, 37, and two sisters Helen MacNeill, 62, and Eileen Graham, 68 – have now lodged papers at the Court of Session seeking compensation from the care charity.
It came on the day prosecutors said they have no plans to pursue criminal charges against Miss Cameron in relation to the death.
Miss Gilchrist’s family did not wish to comment yesterday but a spokesman for personal injury law firm Digby Brown Solicitors said: ‘This was a tragic event. As there are still legal matters ongoing, it would not be appropriate for us to comment at this time.’ The court previously heard a malfunctioning thermostatic mixing valve should have been replaced three years earlier by property owner Glasgow Housing Association (GHA). Following the ruling, GHA said it was ‘reviewing all aspects of the determination’.
Miss Cameron was sacked by Enable Scotland following the death.
Sheriff Wood also said the care charity did not have adequate safety measures in place in respect of the bathing of Miss Gilchrist.
When questioned in court, Enable Scotland said practice and procedures in relation to the assessment of risk during bathing had been changed following the tragedy.
In a written determination Sheriff Wood said: ‘Mary Cameron committed an enormous human error.’ He told the court: ‘Such is the magnitude of the error that she will require to live with it for the rest of her life.’
During the inquiry, Miss Cameron was called as a witness but did not give details of what happened on the night Miss Gilchrist died after legal advice over fears of a prosecution.
Yesterday, the Crown Office said: ‘There are no proceedings ongoing or contemplated at this time.’
Enable Scotland did not wish to comment last night.
‘An enormous human error’