A PRIVATE hospital firm has been fined £100,000 after the tragic death of Beaconsfield pensioner Michael Walsh – the father of a BBC health journalist.

BMI Healthcare Limited was sentenced yesterday for safety failings at the Shelburne Hospital in High Wycombe - which led to the 85-year-old falling from a first floor balcony, a court heard.

Mr Walsh, dad of broadcaster and former RGS pupil Fergus Walsh, was suffering periods of confusion and disorientation as he recovered from an operation at the Queen Alexandra Road hospital in February 2009.

His private room had a pair of sliding doors which led to a small balcony, and on the evening of Valentine’s Day the pensioner was found outside on the ground below.

Mr Walsh, a keen cyclist who lived in Bearswood End, later died of broncho-pneumonia, which resulted from rib and spine fractures sustained in the fall, an inquest heard in 2010. The inquest found there had been ‘gross failures’ in his care (see related links).

Yesterday, Amersham Law Courts heard there were no keys for the balcony doors which meant they could not be locked, and an investigation by the Health and Safety Executive found the risks surrounding this ‘design fault’ had not been assessed.

Her Honour Judge Cutts said the risk to vulnerable patients was “foreseeable” and the incident included failures on the part of managers, though not at the highest level.

She added: “I can’t ignore that this powerful company could and should have done more to ensure the safety of their patients...”

But BMI, the largest healthcare firm in the country, had no previous convictions for health and safety matters and the incident was “not part of a culture of disregard for safety”, she said.

The company was given credit for an early guilty plea and has since recognised the risks of the balcony doors - replacing the locks and making sure keys are under supervision, the court heard.

BBC broadcaster Fergus Walsh said afterwards: “We are very relieved it’s over. The crucial thing is it never happens to anyone again, whether it’s at an NHS hospital, nursing home or private hospital.

“Anyone who has the care of a vulnerable patient knows that any sliding door that can open is the same risk as a window.”

BMI, headquartered in Brentford, was convicted of breaching Section 3(1) of the Health and Safety at Work etc Act 1974. It also faces costs of £29,447.

Chief executive Stephen Collier, who was in court, said afterwards: "The death of Mr Walsh was tragic and I recognise the grief it must have caused then and now. BMI Healthcare is truly sorry and we apologise again to Mr Walsh's family and friends.”

"We have taken this matter extremely seriously and co-operated fully with the Health and Safety Executive at every stage of its investigations.

"We pleaded guilty at an early stage, taking full responsibility for our part in what happened. Neither we nor any of our staff would knowingly do something which might endanger patients but with hindsight we know that we should have seen the risk that these balcony doors posed.

"This incident occurred over three years ago so it is also important to understand that we took immediate action to address the issues raised.

"This not only included permanently securing the balcony doors in question but carrying out a full review of all our hospitals to ensure that this tragic incident could never be repeated."