Lucinda Shand secures key victory for mental health nurse
Lucinda Shand has represented a mental health nurse who was given the status of ‘Interested Person’ to an Inquest before Cockermouth Coroner’s Court
The Inquest specifically considered the detail of a clinical mental health assessment undertaken by our client on the day the deceased took his own life. Unusually this assessment was visually and audibly recorded and therefore available for parties to consider. Other Interested Parties to the Inquest sought to persuade the Coroner that the assessment undertaken by our client was woefully inadequate and that such amounted to neglect.
The case was unusual in that during the course of proceedings, it became necessary for the defence team to make an application to the Coroner to recuse himself following the exhibiting of bias against our client following comments made off camera. With reference to the Recusal Guidelines we submitted that there was a conflict of interest and that the case should be assigned to another Coroner under section 133A of the Coroners Act.
These submissions were successful.
The Inquest was heard before Cockermouth Coroner’s Court during which our client gave lengthy evidence. Counsel submitted that the evidence was not capable of making out a clear and causal connection between the accepted procedural failures of our client and the deceased death, without reliance on speculation.
The Coroner was in agreement. The Coroner concluded that, while the standard of care provided by the client and the Trust fell below the requisite standard expected, it did not reach the threshold of gross negligence or amount to a gross failure to provide medical attention.
Consequently, the Coroner was unable to find causation and thus no finding of neglect was made.
The Nursing Medical Council was also persuaded not to pursue any investigation into the client’s fitness to practice.
Oliver Renton and Libby Anderson were instructed Counsel of Crucible Chambers.
Lucinda Shand is instructed to advise and represent individuals at all stages of an investigation and prosecution, leading exceptional defence teams and instructing some of the country’s leading Barristers.
