Scotland is confronting what many now consider one of the most profound healthcare failures in recent memory: the announcement by NHS Greater Glasgow and Clyde (NHSGGC) that contaminated water systems at the Queen Elizabeth University Hospital (QEUH) in Glasgow were, on the balance of probabilities, connected to serious infections in child cancer patients and four deaths.
For years families fought to have their experiences recognised, as officials explored a range of potential causes for the infections. Now, after the publication of closing submissions to the Scottish Hospitals Inquiry (the Inquiry), the health board’s position has shifted dramatically.
While the political and legal ramifications are still unfolding, it remains crucial for those impacted to have clarity on what avenues of redress may be open to them and to take informed steps at an early stage.
A history of failures
The QEUH campus opened in 2015 at a cost of £840 million, replacing multiple older hospitals. But by 2018, troubling patterns began to emerge. Families, doctors, and whistleblowers raised concerns about unusual infections, unexplained illnesses among immunocompromised children, and possible contamination in the hospital’s water and ventilation systems.
The Inquiry, which launched in 2019, was tasked with examining planning, design, construction, and early operation of the QEUH and related hospitals. It has since been revealed that there were potential concerns about water safety, environmental risks, governance failures, and infections which left families devastated.
The current position
After years of insisting there was no link between the hospital environment and patient infections, NHS Greater Glasgow and Clyde has now made a U-turn on its position. In its closing submissions to the Inquiry, the board accepts:
- It is “more likely than not” that some bloodstream infections were connected to the hospital environment, particularly the water system.
- Infection rates fell significantly after remedial work was carried out in 2018.
- Whistleblowers were “not adequately listened to”, and the board recognises this as a failure.
The legal perspective
From a legal standpoint, the contaminated water scandal raises profound questions about the hospital’s legal duty to protect patients from foreseeable environmental risks.
Evidence presented to the Inquiry shows multiple points where the risk of waterborne infection was foreseeable and flagged but not adequately acted upon. NHS Greater Glasgow and Clyde’s acceptance of a probable causal connection between infections and the hospital environment is legally significant. In circumstances like this, proving a causal link between harm and the environment is often the biggest evidential hurdle. Although it does not guarantee liability in every case, as each claim remains fact specific, it may lower a major hurdle that families have faced for years.
What happens next?
The Inquiry is now in its final stages, with oral submissions concluding before the report is potentially published later this year, however families affected may now have a stronger pathway to bringing claims for possible compensation.
How Thorntons can help
As a full-service law firm, Thorntons understands how complex and emotional this process can be. We’re dedicated to helping in every way we can to ensure a smooth service for victims and their families during such a difficult time. No one should have to navigate this alone, and Thorntons are here to help. By working with experienced solicitors, families can ensure they receive the full compensation they are entitled to while retaining the option to pursue further legal action where necessary. If you or someone you know has been affected by the contaminated water scandal, please do not hesitate to contact our Personal Injury team for a no-obligation discussion on your legal options. For further updates and expert legal support to start your claim, contact our specialist team on 0800 731 8434.
