He could only communicate in single words, he disliked being touched and being in a hospital environment with strangers made him “stressed and upset” (as confirmed by his Father Vitor Vieira). The rest of the time he sat in his pram and quietly played on his tablet. Medics recorded him as being “uncooperative”.
The doctors treating him recorded various red flags of sepsis including his low levels of oxygen, his rate of breathing, his heart rate, and how ashen he looked. Despite this he did not receive the medical treatment he desperately needed in time.
Coroner Ms Blake recently recorded a narrative verdict that Mattheus sadly died on the 12 April 2022 “from sepsis which was not recognized in a timely fashion, and appropriate treatment was not instigated”. She went on to say that “His death was contributed to by neglect”.
His parents released a statement to say that their son “deserved the same standard of care as any other little boy but was denied this due to being autistic”. His lawyers have called for his death and particularly the neglect he suffered from medical professionals to be a “watershed moment”.
See: https://www.bbc.co.uk/news/uk-england-norfolk-68418578
Claire Cooper, Senior Associate in the Clinical Negligence team at Rothera Bray comments, “This is a truly shocking case of neglect by medical professionals. This is not just in their failure to identify multiple red flags of sepsis and treat Mattheaus in time, but also due to the profound lack of understanding of additional needs and how someone with those needs presents and communicates.”
“I am particularly concerned about the similarities here in the case of Jack Adcock, a child with Down’s Syndrome, who died on 18 February 2011 at Leicester Royal Infirmary due to sepsis which also was not recognized or treated in time. The junior doctor treating Jack was Dr Bawa-Garba, who was found guilty of gross negligence manslaughter.
I am truly saddened to see Mattheus case, some eleven years later, where another child with Special Educational Needs and Disabilities (SEND) has had their clear symptoms of sepsis ignored resulting in another tragic death.”
What is sepsis, and what are the symptoms?
Sepsis is also known as blood poisoning or septicaemia. It is a life threating condition and happens when your body’s immune system overcompensates for an infection and then damages your own organs and tissue.
Symptoms of sepsis can differ in adults and children. A person does not have to have all symptoms at the same time or in the same period. Some of the symptoms to look out for include:
- Breathing fast, breathlessness or difficulty breathing
- A rash which does not disappear when a glass is rolled over it (the same as meningitis)
- Blue, grey (ashen) or pale skin
- Confusion, not responding as normal or not interested in their usual activities
- Slurred speech
- Difficulty waking them or being sleepy
- They feel very unwell or like there is seriously something wrong.
If you are or a loved one experiences some of these symptoms then the NHS recommends calling 999 or going straight to A&E.
See this website for all symptoms and NHS advice: Symptoms of sepsis – NHS (www.nhs.uk)
How can people present with Autism in medical settings?
Autism is a developmental disability which affects someone throughout their life. It affects how autistic people interpret the world around them and communicate with others. According to the National Autistic Society “more than one in 100 people are on the autism spectrum and there are around 700,000 autistic adults and children in the UK”.
Autistic people can struggle to interpret body language, tone of voice and verbal communication from others. Some autistic people can communicate well verbally, but others will have communication difficulties and will have limited or no speech and may use communication aids. Autistic people can find it even more difficult to communicate with people they don’t know or in stressful situations, such as when they are ill or in hospital.
Autistic people often prefer routine and change to routine can be distressing or make them anxious. Attending a medical setting can be particularly difficult because of it being such a different environment, and also due to many autistic people experiencing sensory sensitivity. Autism is a spectrum and not all autistic people have the same sensitivities, but they can experience over or under sensitivity to light, sound, taste or touch. Some autistic people find physical touch overwhelming, causing even the least invasive medical examinations to be particularly distressing.
Autistic people can experience “meltdowns or shutdowns” when everything becomes overwhelming. Meltdowns are very intense and a person may lose all control of their behaviour. Shutdowns are when a person becomes very passive and goes very quiet and unresponsive, almost like “switching off”. Both of these behaviours can affect medical examinations, and it is important that medical professionals take these common behaviour patterns into account when considering how an autistic patient acts when they are in hospital or being examined.
Autistic people also often have very high pain thresholds and so may not recognize the signs that something may be seriously wrong, or be able to communicate this easily.
If you want to understand more about autism follow this link from the National Autistic Society: What is autism
We are here to help if you have concerns about treatment you or a loved one has received
If you have concerns about the treatment that you or a loved one has received, our specialist clinical negligence team can support you to obtain answers about what has happened, and in claiming compensation for any injuries suffered.
We also accommodate for clients with special needs and adapt to reasonable adjustments required. Claire Cooper, Senior Associate Solicitor in the Clinical Negligence team at Rothera Bray also is qualified at NCFE Cache Level 2 Certificate, in Understanding Autism.
Please contact our expert clinical negligence team on 03456 465 465 or email enquiries@rotherabray.co.uk
Support available in medical settings for patients with special needs and disabilities
At Rothera Bray we are passionate about directing those affected by clinical negligence to additional and focused support. This can help you live with your injury, support you with your emotional and mental health and/or come to terms with the death of a loved one.
People with learning difficulties and disabilities are entitled to, and should receive additional support at any medical setting. These include:
- Reasonable adjustments
- Assistance when considering consent to medical treatment
- Plenty of opportunities to ask questions about medical treatment and in a way that they understand
- Learning disability nurses in hospitals
- Health passports
- A plan in place for when you return home
This includes how you will travel home, what support you need when you get home, how to take your medicines and a care plan.
See the NHS website for more information: https://www.nhs.uk/conditions/learning-disabilities/going-into-hospital/#:~:text=The%20NHS%20has%20to%20make,important%20you%20talk%20about%20this.
Support is also available for autistic people and those affected by sepsis below:
The National Autistic society: https://www.autism.org.uk/
The UK Sepsis Trust: https://sepsistrust.org/
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
