Jury concludes that death of a detained patient by choking was contributed to by inadequate assessment, communication and mitigation of risks

Leila Benyounes represented the family of a midwife who died by choking on food whilst detained under the Mental Health Act.

The Article 2 investigation in front of a jury explored the assessment and management of risk of self-harm and suicide, particularly around food, during the deceased’s period of detention.

The jury found that the deceased demonstrated a high risk of deliberate self-harm and suicide associated with food in the month prior to her death. The jury recorded that on the day of her death the deceased was at the highest level of risk.

In recording that the deceased died by suicide, the jury concluded in an expanded narrative conclusion that her death was contributed by the inadequate assessment, communication and mitigation of risks on the ward, including with food and mealtimes.

During the inquest the Trust which provided care for the deceased accepted that the assessment and mitigation of risks associated with food and mealtimes was not robust. In particular there was no care plan around food, the risk assessment was not updated, and specialist input was not sought.

Leila was instructed by Clare Gooch at Switalskis.

Leila Benyounes is Head of the Inquests Team at Parklane Plowden Chambers and is ranked as Tier 1 by Legal 500 for Inquests and Inquiries. Leila has been appointed to the Attorney General’s Treasury Counsel Panel A since 2010. Leila is appointed as Assistant Coroner for Gateshead and South Tyneside. Leila regularly represents interested persons in a wide range of inquests including Article 2 jury inquests and complex medical matters. Her full profile can be accessed here.