Loved Ones Instruct Medical Negligence Lawyers To Secure Answers At Inquest

A mum-of-five whose body was found near a beauty spot after being granted unescorted leave from a mental health hospital died following a “series of failures” in her care, an inquest concluded. 

Nicolette McCarthy was granted 15-minute leave from the Woodlands Centre in St Leonards-on-Sea, where she had been a patient for 20 days. 

Around 90 minutes later staff realised the 46-year-old was missing. Following searches of the hospital and grounds, police were called and Nicolette’s family, of Uckfield, East Sussex, were informed she was missing. 

Nicolette's body found nearly 20 miles from mental health hospital near Beachy Head 

However, around 50 minutes before the hospital called police, Nicolette’s body had been found around 20 miles away near Beachy Head. Nicolette, who had called a taxi to take her to Beachy Head, was pronounced dead at the scene. 

The incident came around two weeks after Nicolette had previously left the unit run by Sussex Partnership NHS Foundation Trust for Beachy Head, following which she had been returned to the unit and detained under the Mental Health Act.

Loved ones asks medical negligence lawyers to investigate East Sussex mum's death

Following the death of Nicolette, a midwifery matron at Crowborough Birthing Centre, her family instructed specialist medical negligence lawyers at Irwin Mitchell to investigate her care and help secure answers at an inquest. 

Nicolette’s husband, Scott, aged 49, and his legal team are now calling for lessons to be learned to improve care for others. 

It comes after an inquest at Muriel Matters House in Hastings concluded Nicolette died as a result of suicide due to her acute mental health. 

Inquest finds Nicolette's death could have been avoided with prompt action

Coroner Michael Spencer’s record of inquest concluded that Nicolette, who remained a suicide risk, died following “a series of failures in the systems and procedures which should have guaranteed her safety.”

It added that had staff taken “prompt action” on the day she died, Nicolette’s death “could have been avoided”.  

Thomas Riis-Bristow is the expert medical negligence lawyer at Irwin Mitchell representing Nicolette’s family.

Expert Opinion

“This is a tragic case which has left Nicolette’s family heartbroken.

“Understandably her loved ones have had a number of concerns about her care and the events that unfolded in the lead up to her death.

“Sadly, the inquest has vindicated the family’s concerns with investigations identifying worrying issues in Nicolette’s care. These included her family not being involved in her care, risk planning for her leave as well as shortcomings in how the hospital managed unescorted leave and measures in place to recognise whether patients had arrived back onto the ward.

“While nothing can make up for Nicolette’s death, we’re pleased that we’ve at least been able to provide her family with the answers they deserve.

“However, Nicolette’s death is a stark reminder of the need to ensure the highest standards of patient safety are upheld at all times. People with mental health problems are some of society’s most vulnerable. It’s now vital that lessons are learned to improve care for others.” Tom Riis-Bristow

Mental health: Nicolette McCarthy's story

Nicolette had a history of mental health issues. She had been known to Sussex Partnership NHS Foundation Trust since 2003 and had been diagnosed with bipolar disorder.

She was admitted to the Woodlands Centre on 30 August, 2023, as a voluntary patient after a deterioration in her mental health. Before her admission she had visited Beachy Head. 

Whilst she was a voluntary patient at the unit, on 6 September she left the ward and travelled to Beachy Head. She had called Scott. Police returned her to hospital following which she was detained under the Mental Health Act. 

On 19 September Nicolette was granted permission to leave the ward for a 15-minute unescorted smoking break. Nicolette left the unit just before 2.40pm and was permitted to leave with her phone and money. Despite being due back from the smoking break after 15 minutes, during a patient safety check at 3pm she was recorded as ‘on leave’ rather than AWOL. 

However, an hour later during general patient checks at 4pm, she was identified as absent.

Staff tried to call Nicolette, but her phone was not receiving calls. The hospital contacted police at 5pm to report her missing and Nicolette’s family, who visited her daily, were informed. 

However, Nicolette had been found near the beauty spot around 50 minutes earlier. Police and The Coastguard had been called.  

Inquest finds issues in midwife Nicolette's hospital care

The inquest also heard that the day before Nicolette went missing her family had attended a discussion about her care. However, there was no evidence to confirm that Nicolette’s loved ones had been informed whether she would be granted escorted or unescorted leave.

The Trust should also have checked and considered whether it was appropriate for Nicolette to be allowed to take money on leave with her. The failure to class Nicolette as AWOL added to the confusion and there was also a failure to take measures after it was established Nicolette was absent, the inquest concluded.

Family call for better mental health care to help others

Speaking on behalf of the family, Scott, said after the hearing: “Nicolette was a loving and caring wife, mum, daughter and sister. She always put her family first and nothing was ever too much trouble for her. Nicolette made sure any event such as Christmas and birthdays were a special occasion full of love and excitement.  

“The hurt and pain we still feel over Nicolette’s death is as raw now as it was when she was taken from us. There’s not a day goes by when we don’t think of her. Losing her in the way we did will haunt us forever. 

“Not only was Nicolette devoted to her family but also the NHS. She spent years helping and caring for others and it’s difficult not to think that when she needed help the most she was badly let down. 

“We miss Nicolette’s love and enthusiasm so much. The occasions and family time we spent together will never be the same without Nicolette by our side. 

“We know nothing can bring Nicolette back or make up for what’s happened. All we can hope for now is that by sharing our story no other family has to go through what we have.”

Nicolette also leaves behind grown up children Elspeth Gamble and Duncan Gamble, aged 28 and 25 respectively, as well as three younger children aged between six and 14.

Find out more about Irwin Mitchell's expertise in establishing answers for families with concerns about the care a loved one has received at our dedicated medical negligence section. Alternatively, to speak to an expert contact us or call 0370 1500 100.