Ben remained at Southmead Hospital in the neonatal intensive care unit for six weeks ahead of going home. Unfortunately, Ben developed a cough and as a result, he went to Weston General Hospital Weston-super-Mare on the 7 April 2017.

Ben, whilst in the care of Weston General Hospital, was moved to Bristol Royal Hospital for Children on the 10 April 2015. Here, he was diagnosed with human metapneumovirus. Most make a full recovery, however Ben unfortunately experienced two cardiac arrests on the 17 April 2015 and passed away that same day.
The Parliamentary and Health Service Ombudsman has since investigated the treatment Ben received at Bristol Royal Hospital for Children following receipt of Ben’s parents’ formal complaint. They concluded Bristol Royal Hospital for Children made numerous errors in treating Ben and thereafter, attempted to deceive Ben’s parents about the cause of his death.
The errors included Bristol Royal Hospital for Children failing to diagnose Ben with a serious bacterial infection (this included no blood test being taken between the 11 April 2015 and 17 April 2015 to check for a bacterial infection); ignoring Ben’s parents’ concerns; and “lost opportunities” to treat Ben including failing to prescribe Ben antibiotics up until an hour before his death.
The Parliamentary and Health Service Ombudsman said in their report “We found that Ben and his family suffered serious injustice in consequence of the failings we found in his care and treatment.”
Indeed, Ben’s parents were only informed by Bristol Royal Hospital for Children that Ben had a secondary bacterial infection and had not received antibiotics until an hour before Ben passed away, 7 weeks after Ben’s death. In the meantime, whilst Ben was alive, Ben’s parents were not informed of how ill Ben was or that there was a risk he may die.
In relation to this, The Parliamentary and Health Service Ombudsman said in their report “We agree with Mr and Mrs Condon that the trust has failed to be open and honest with them about the events surrounding Ben’s death. It has done this to such a degree that it could be seen, as Mr Condon has, as a deliberate attempt to deceive.”
Given the findings of The Parliamentary and Health Service Ombudsman, Ben’s parents have asked for a fresh inquest to take place. The first inquest, which was held in 2016, was decided on the basis that Ben’s infection and treatment of the same was not relevant to his death.
In the meantime, the Trust for Bristol Royal Hospital for Children, University Hospitals Bristol NHS Foundation Trust, already informed Jeremey Hunt in 2017 that had Ben been given antibiotics sooner, it is likely he would have survived.
Kathryn Stitt from our Medical Negligence team responds:
“We are saddened to hear of what has happened to Ben and the enduring pain his family continue to experience.
“We hope The Parliamentary and Health Service Ombudsman’s findings will allow a new inquest to take place and the family will be able to take some comfort in the same.”
If you feel you or someone you know has experienced negligence at the hands of a healthcare professional, please contact Oakwood Solicitors Ltd on 0113 200 9787 for a non-obligation conversation to discuss further.
Meet the author
Kathryn Stitt is a Trainee Solicitor in the Medical Negligence Department, having commenced her training contract at Oakwood Solicitors in September 2021. Kathryn was previously a Paralegal in the M…
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