COVID-19: Doctor sues government over 'heartbreaking' death of her father in care home

A doctor, who has a degree in microbiology specialising in airborne diseases, has launched a legal case against the government for their ‘unlawful conduct’ during the pandemic ‘that has contributed to the death and serious illness of my father, patients, healthcare and care workers’.

Dr Cathy Gardner said: “My father was one of the thousands who died in a care home during this pandemic. I am launching this action to hold the government to account for not protecting elderly people in care homes.”

Her case, which accuses the government of unlawfully putting the lives of numerous care home residents at risk, was filed at the High Court on Friday.

Her father, Michael Gibson, became ill on 14 March and died on 3 April. His death certificate said ‘probable COVID-19’ because he was not tested.

'The care home was a safe place, instead he was put at risk because of a government decision'

“The care home should have been a safe place, instead he was put at risk because of a government decision to discharge patients from hospitals with no regard for Coronavirus infection risk,” says Dr Gardner.

“The home called me regularly with updates and I was able to go and see him through a window the night before he died. This was heart-breaking, it’s not how I imagined his last days would be. Although he had Alzheimer’s Disease, he still recognised me, I could see the love in his eyes.

“Thanks to lockdown, I had not seen him since the end of February and thanks to the virus in the care home I could not hold his hand and give him a smile near the end. I know the carers were wonderful and did their best to make him as comfortable as possible, but I am extremely angry that an ill-thought out policy has caused me, and thousands of others, so much anguish.

“I knew that losing my father would be tough, losing him in these circumstances is truly devastating,” she reveals.

Lawyers acting for Dr Gardner, have written to Health Secretary Matt Hancock and NHS bosses for breaches of the European Convention on Human Rights. Dr Gardner said: “I am appalled Matt Hancock, the secretary of state, can give the impression the government has sought to cast a protective ring over elderly residents of care homes.

“The truth has been at best a casual approach to protecting the residents of care homes, at worst, the government have adopted a policy that has caused the death of the most vulnerable in our society."

Mr Gibson, 88, who had advanced Alzheimer's, was a resident at the Cherwood House Care Centre in Oxfordshire, a place which Dr Gardner said: "Looked after her father with great kindness."

She added: “The documents submitted for my case shows there was advice given to them in February considering what to do with care homes and was going to be an infection risk.”

On 19 March, the Secretary of State required the urgent discharge of patients from hospitals back into care homes without being tested for COVID-19. “I believe this made care homes a death trap exposing vulnerable people to a disease that could kill them, says Dr Gardner.

'Their safe place became a dangerous place'

“It is very clear, whatever Matt Hancock may have said, the residents of care homes were not provided with a protective ring. He knew they were the most at risk and yet he issued a policy that exposed them to the risk of losing their lives. Many did. My father did.”

Dr Gardner’s lawyers have written to the Secretary of State, NHS England and Public Health England pointing out their legal duty to protect life. Her lawyers have requested that they accept responsibility for their unlawful conduct that has contributed to the death and serious illness of Dr Gardner’s father, patients, healthcare and care workers.

Paul Conrathe, human rights solicitor with Sinclairslaw said: “The state is under a duty to protect its citizens from harm. It is also under a duty to act fairly and not discriminate against the elderly and those with disabilities.

"The actions of the Secretary of State, NHS England and Public Health England in putting residents of care homes and care workers at risk of COVID-19 infection seriously violated the human rights of the most vulnerable in our society."

Dr Gardner has been contacted by several families who have lost their loved ones in similar circumstances. She said: “We could be looking at 22,000 people who could have died in care homes and that’s a lot of families and also care home workers have died so this is for their families as well.”

In order to launch the legal challenge against the government Dr Gardner has set up a crowdfunding page on CrowdJustice.

The Department of Health and Social Care has said it cannot comment on ongoing legal proceedings.