
Medical negligence
Martha’s Rule – ‘gross negligence’ led to Martha Mills’ death
The failings in the case which gave rise to Martha’s Rule amounted to “gross negligence”, a medical tribunal has found.
Martha Mills was seriously injured in a cycling accident in the summer of 2021, but the extent of her injuries and the development of sepsis were not recognised.
Professor Richard Thompson, the on-call consultant in her ward when her symptoms worsened, did not examine her in person during a crucial time window two days before she died. Neither did he send her to intensive care. His conduct was found to be “particularly grave” by the tribunal.
Martha died from sepsis, aged only 13. Her death, and the campaigning work of her parents, has helped to change the face of patient care in the NHS through the creation of Martha’s Rule, which enables a patient or family to request an urgent second opinion if their condition worsens.
An inquest into her death found that that Martha could have survived her injuries if she had been referred to the specialist children's intensive care in King’s College Hospital promptly, and received better care.
Although Martha stayed in the hospital for a month after her accident caused injury to her pancreas, she developed an infection and then signs of sepsis, but this was found to have not been managed properly.
The Medical Practitioners Tribunal Service heard from the General Medical Council (GMC) that Professor Thompson failed on several counts over his care of Martha.
The tribunal concluded that his fitness to practice is impaired, but no decision has yet been made on the consequences of this.
King’s College Hospital said after Martha’s death that they were sorry they “failed Martha when she needed us most”.
Law firm Slater and Gordon is a vocal advocate of patient self advocacy and the importance of patients and families to be listened to by medics.
Ben Gent, head of clinical negligence in Manchester, says: “The case of Martha Mills is absolutely heartbreaking and really does exemplify the fears of every parent or family who place their trust in medics to act in their best interests. Martha was failed dreadfully and her death was wholly avoidable.
“Through the campaigning and unfaltering dedication of Martha’s parents to ensuring this can never happen to another family, the creation of Martha’s Rule truly has changed the face of healthcare. Patients, parents and families now have the right to a second
opinion, which is a huge step forward in terms of advocacy. This will undoubtedly help to save countless lives in the years ahead.
“We hear all too often how patients and families feel powerless and unheard in a medical environment, where their concerns seemingly do not matter, and this is absolutely unacceptable. Martha’s Rule will help families to be heard in a way they previously often were not, and we always encourage anyone who has concerns over the care given to themselves or their loved ones to speak out.”
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