Information Note on the Court’s case-law 42

May 2002

McGlinchey and Others v. the United Kingdom (dec.) - 50390/99

Decision 28.5.2000 [Section II]

Article 2

Article 2-1

Life

Allegedly insufficient medical monitoring of prisoner suffering from withdrawal symptoms, resulting in death: admissible

Article 3

Inhuman treatment

Allegedly insufficient medical monitoring of prisoner suffering from withdrawal symptoms: admissible

The applicants are the children and the mother of Judith McGlinchey (“J.M.”), who was a heroin addict. She was convicted of theft and sentenced to four months’ imprisonment. On 7 December 1998, at the first reception health screening at the pris on to which she was transferred, J.M. was noted as not seeming excessively depressive or nervous. Her weight was recorded as 50 kg. She complained that she was suffering from withdrawal symptoms and the prison medical records noted thereafter that she cont inued to complaining and that she was vomiting repeatedly. The prison senior medical officer prescribed intra-muscular injections to appease the symptoms. On 9 December 1998 J.M. declined every meal and her weight was recorded as 43 kg. She was noted as vo miting during the evening and complaining of vomiting during the night. She complained to her mother on the phone that apart from the injections she was being given no other medical support to assist her in coming off drugs. During the following days she c ontinued to vomit in spite of being given injections. On 12 December 1998 her weight was recorded as 40 kg. On the morning of 14 December 1998 she was transferred to hospital after having vomited coffee ground (altered blood in the stomach) and collapsed. A lot of coffee ground vomit was found on her bed. She had a cardiac arrest but was resuscitated. The applicants were told that she was in hospital. They learned from a nurse that her hair was matted with vomit when she was admitted to hospital. They were also informed by the hospital that she was in a critical condition and might suffer brain damage due to the cardiac arrest. Her liver and kidneys were failing and they could not stabilise her. J.M. died on 3 January 1999. The autopsy report indicated that severe vomiting could lead to haemorrhaging in the stomach, and hence coffee ground vomit, and that if J.M. had lost a substantial amount of blood, it could have triggered the cardiac arrest, with the consequence of multi-organ failure and death. An inques t was held; the jury returned an open verdict. Legal aid was granted to the applicants to pursue domestic remedies for compensation. Counsel advised them that in the light of the medical report which they had asked for, there was insufficient evidence to e stablish the necessary causal link between J.M.’s death and the negligent care afforded to her in custody. They are no longer pursuing their claims in negligence.

Admissible under Articles 2, 3 and 13.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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