Monash Health fronts court after patient commits suicide in hospital
Monash Health’s good reputation and guilty plea attracts the organisation a “merciful sentence” over the death of a mental health patient in its care.
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A major health provider has avoided a conviction for breaching health and safety rules that resulted in a mental health patient committing suicide in a hospital toilet.
Monash Health has been fined $160,000 after pleaded guilty to contravening health and safety legislation following the death of mother-of-three Rebecca Victoria Poke suicide at Casey Hospital in September 2015.
The health provider entered its plea on May 3 and was sentenced by the County Court in Melbourne on Thursday.
Judge Gerard Mullaly said Monash Health’s early guilty plea, a lack of previous occupational health and safety convictions and its good reputation locally and internationally entitled it to a merciful sentence.
Ms Pike was admitted to the Casey Hospital on May 25, 2015 and was subsequently assessed as having the capacity to make decisions.
She expressed anxiety about her impending discharge and in the following days, her self-harming increased. On Aug 31, 2015 at 10.15pm she was observed sitting in the dining room by herself and 15 minutes later, she was no longer in that room and a search started.
Judge Mullaly said at 10.35pm, Ms Poke was found in a bathroom unconscious, unresponsive and was transferred to the hospital’s ED and later to the Austin Hospital where she died two days later.
A WorkSafe investigation concluded that had the D-shaped door handle in the visitors’ bathroom been replaced, this would have reduced the risks.
Victim impact statements of Ms Poke’s husband, twin sister, parents and brother spoke about the loss of a much-loved family member.
Judge Mullaly said although Monash Health’s moral culpability was high, its plea of guilty spoke of genuine acknowledgment especially to Ms Poke’s family which must see a lower penalty than otherwise be the case.
‘Further, given the standing locally and internationally of Monash Health over many decades, there’s justifiable value placed on their corporate reputation by those who manage the organisation. There’s an entitlement to a merciful sentence for a first offender,” he said.
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