Doctors allowed elderly dementia patient to refuse life-saving medication days before she died

According to Coroner Kate Bisset, one of the contributing factors to the death of an elderly woman with dementia, was the doctors’ choice to let her refuse medication despite her incapacity to make an ‘informed decision.’

On August 5, 2024, Rose Roberts, 75, a retired senior data entry worker from Rossendale was admitted to Royal Blackburn Teaching Hospital for emergency surgery.

Her admission was to treat chronic limb ischaemia, a condition that causes the blood supply to the lower extremities to be drastically restricted.

Although the operation was successful, Rose deteriorated and became critically unwell nine days later. She died on August 14 after a blood clot formed in her lungs.

Inquest into investigations

Investigations showed that Salford-born Rose had been allowed to decline life-saving blood thinners on five occasions, according to testimony given at an inquest.

However, in accordance with the Mental Capacity Act, the inquest found that doctors should have decided to administer treatment anyway because Rose had been diagnosed with dementia and lacked the mental capacity to refuse it.

Due to her prior dementia diagnosis, Rose’s ability to comprehend, retain, apply, and communicate knowledge pertaining to a decision is significantly impaired and limited.

Investigations findings and conclusions

According to investigations, Mrs. Roberts had not received the required dosages of blood thinning medication because she had refused to take them. However, her background history included dementia, resulting in her refusal not being an ‘informed decision.’

When she became seriously ill from a pulmonary embolism and passed away, she had missed five doses of medication, due to no escalation of the missed doses to senior nurses or doctors.

Prior to her passing, Mrs. Roberts had also experienced a heart attack. Therefore, missed doses of medication contributed to Mrs. Roberts’s death.

Frequently asked questions

What is a lasting power of attorney and why is it important?

A Lasting Power of Attorney (LPA) is a document whereby an individual (known as the donor) over the age of eighteen who has capacity, can choose who they wish to appoint to help them manage their financial and property decisions or health and welfare decisions should they become mentally or physically incapacitated and unable to make these decisions themselves.

The people who are appointed under the LPA are known as attorneys. There are two types of lasting Powers of Attorney:

• Health and Welfare Matters
• Property and Financial Affairs

You can only make an LPA whilst you have the capacity to understand the nature and scope of the LPA. You must choose a person to provide a certificate to confirm that you are able to make an LPA.

It is also important to discuss all these matters with family and friends, particularly those who you choose to appoint as your attorneys, whilst you are able to, so that your attorneys are well aware of your wishes in the event that you do lose capacity.

If you do not have an LPA in place and lose mental capacity, an application must be made to the Court of Protection which is a much more costly and timely process.

Why should I make a lasting power of Attorney?

• You decide who deals with your financial affairs

It is entirely your decision who you appoint to be your attorneys, but you must be satisfied that they are trustworthy and capable of handling your personal or financial affairs.

• You provide guidance as to what you would like your attorneys to do on your behalf and provide details of where your assets are held

You are able to include any ‘preferences’ and ‘instructions’ in either of the LPAs you decide to make, to provide your attorneys with guidance.

If you have included any instructions in your LPAs, then these MUST be followed by your attorney as these are binding.

• Your financial affairs are not held ‘in limbo’ if no one has the authority to assist you should you become incapacitated

Your attorneys have the authority to speak on your behalf. This can be as simple as authorising utility bills to be addressed to another person.

• It is sound business practice – your staff can get paid and your business can continue

Your attorneys have the authority to manage your business accounts and make business decisions in your best interests and the best interests of the business.

• It is more cost and time effective than the alternative option.

If you do not have a Lasting Power of Attorney and you do not have sufficient mental capacity to make a Lasting Power of Attorney, the alternative is to make an application to the Court of Protection to appoint a deputy to deal with your financial affairs.

The Court makes the decision as to who is appointed as your deputy. This may not be who you would choose. This process will take significantly longer than making a Lasting Power of Attorney and will cost more.

Why should I choose Oakwood Solicitors?

Oakwood Solicitors Ltd can assist you through this process and provide you with the necessary advice. Our team has gained an excellent reputation amongst local organisations and their client-base for delivering a personal and compassionate service.

As a firm, we pride ourselves on having a high standard of customer service and making all our current and potential clients feel at ease when making any decisions regarding their future wishes.

You will have a dedicated advisor who will work through the Lasting Powers of Attorney process with you from start to finish, assisting you in the event of any queries or issues you may have.

Your advisor will also continue to provide regular updates until your application has been completed. We will ensure the process is as stress-free and effortless as possible.

Further reading

Medical negligence – Oakwood Solicitors

Medical misdiagnosis or delay – Oakwood Solicitors

Hospital negligence – Oakwood Solicitors

Doctors allowed dementia patient to refuse life-saving medication days before she died, inquest hears – Lancs Live

Carol Cook — Head of Medical Negligence Department

Carol joined Oakwood Solicitors in May 2017 to lead the Medical Negligence department. She handles a wide range of Clinical and Dental Negligence claims and has a specialist interest in Birth Injuries.

Carol has years of experience in handling complex clinical and Dental Negligence claims securing substantial amounts of damages for her clients. Carol studied her law degree (LLB honours) at Salford University.

Charlotte Bandawe – Solicitors and Head of Department

Charlotte Bandawe is our Head of Wills and Probate department, leading a team of two other colleagues. She is also our firm’s Dementia Champion, enabling her to train other staff in how best to understand and aid clients and carers living with dementia.

Charlotte is also a member of Solicitors for the Elderly (SFE).

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