Elderly resident lowered into scalding bath is left with first degree burns

Date:

14 June 2010

Release No:

HSE-E-12

A company which runs a nursing home in Essex has today been fined after an elderly man was lowered into a bath filled with water possibly as hot as 72°C.

Michael Ginn (72) was living at West House Nursing Home in St Vincent's Road, Westcliff-on-Sea, Southend, when he suffered first degree burns to his feet on 5 May 2009.

Mr Ginn, who is unable to walk, was being bathed by two care assistants. He was lowered into the bath using a hoist but immediately began to cry out that the water was too hot. Despite being quickly raised out of the bath and having his feet immersed in cold water, Mr Ginn suffered first degree burns to both feet and was kept overnight at Southend Hospital.

Rootcroft Ltd, of 71 Sunnyfield, Mill Hill, London, which runs the nursing home, appeared at Southend Magistrates' Court today and admitted breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

The company was fined £5,000 and ordered to pay £5,989 in costs. The company was also ordered to pay the victim £500 in compensation.

Investigations by the Health and Safety Executive (HSE) found no thermostatic mixing valve was fitted to the water supply to prevent the temperature exceeding 44°C. The bath was supplied with hot water from one of two tanks where the water was stored at 67°C and 72°C when checked by inspectors.

Staff had been instructed to check the water temperature with a thermometer before bathing a patient but no checks were made by management to ensure this was taking place. One member of staff told inspectors they used a gloved hand to check how hot the water was, which would have given a deceptive impression of its true temperature.

Inspectors also found residents were at risk of contracting Legionnaires' disease. Hot and cold water was being stored at temperatures which would have allowed bacteria to grow.

The company had also failed to act on previous guidance on the need to maintain safe hot water given by the Care Quality Commission and Essex County Council.

HSE Inspector Sue Matthews said: "Rootcroft Ltd failed in its duties and instead a vulnerable resident suffered a painful injury. This could have been worse - several fatal scaldings have occurred in healthcare settings since 2001.

"This incident was entirely avoidable and could have been prevented at little cost. Thermostatic mixing valves have been required for many years where vulnerable people are being bathed and health and safety advice for care homes is readily available.

"It's unacceptable that residents were also at risk of contracting Legionnaires' disease, which they would have been particularly vulnerable to due to their age and medical conditions."

Notes to editors

1. HSE is Britain's national regulator for workplace safety and health. It aims to reduce injuries and illness in the workplace.
2. Section 3(1) of the Health & Safety at Work etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risk to their health & safety
3. Rootcroft Ltd were also ordered by the judge to pay £15 victim surcharge.

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