Parents seek legal review of son's hospital death

Adrian Zorzut
Local Democracy Reporting Service
Jay Patel Balram Patel and his father Jay Patel smile at the camera. Jay Patel is showing a thumbs up symbol.Jay Patel
Balram Patel (left) died on 9 August 2023 after his lungs became flooded

Grieving parents who allege their disabled son died prematurely due to inadequate hospital care say they want to push for a judicial review after a coroner ruled the death was of natural causes.

Jay and Louise Patel, from Barnet, say they want to challenge the findings of an inquest at London Inner South Coroner's Court, which concluded their 30-year-old son, Balram, died from complications linked to heart failure and terminal liver cancer.

"There was nothing natural about the way my son died," said Mr Patel, calling the verdict a "whitewash".

Coroner Julian Morris acknowledged the family's concerns but found the medical staff acted reasonably.

But Mr Patel said Balram died "because of a series of clear, documented, and avoidable clinical failures."

Balram was born without the right side of his heart and had multiple disabilities.

He had been under the care of Guy's and St Thomas' NHS Foundation Trust throughout his life.

In August 2023, he was discharged from hospital with oral diuretics (a medication that helps the body get rid of excess fluid) instead of what his parents claim should have been intravenous treatment.

A day before his death, Balram was visited at home by the palliative care team and readmitted to hospital with a raised infection rate and a build-up of fluids, where he was transferred to a ward before collapsing.

He received CPR for 30 minutes before he was pronounced dead.

LDRS Description:The Patel family has vowed to challenge the coroner\'s findings in their son\'s death. Sister Umi and her partner flanking parents Jay and Louise Patel holding a photo of their late son Balram outside Southwark Coroner\'s CourtLDRS
Balram Patel's family said they were determined to press ahead with a judicial review

Mr and Mrs Patel said they were unaware their son's heart condition was terminal, believing his hospital discharge was part of his palliative care plan for liver cancer.

In his verdict, the coroner criticised the hospital for its communication, finding that consultants had failed to ensure Mr and Mrs Patel knew the extent of their son's illness.

Judicial Reviews

Judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

They are not concerned with the conclusions of that process and whether those were right, as long as the right procedures have been followed. The court will not substitute what it thinks is the 'correct' decision.

This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.

Mrs Patel said it felt like the doctors were "playing God".

"The doctors decided when he should die. They didn't give him a last chance, even if it was a half an hour or a day more.

"He should have been given a chance. He was a fighter all his life."

A spokesperson for Guy's and St Thomas's NHS Foundation Trust said: "Balram was terminally ill and had been under our care throughout his life, during which our teams did everything they reasonably could for him.

"We again extend our deepest sympathies to Balram's family."

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