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My boy would still be alive now if ‘Martha’s Rule’ was in place: Father of disabled 30-year-old who slowly suffocated from build-up of fluid in his lungs reveals doctors dismissed his desperate pleas for a second opinion

A heartbroken father claims Martha’s Rule, which grants hospital patients’ relatives the right to a second medical opinion, could have saved his son’s life. 

Balram Patel died at St Thomas’ Hospital in London in August last year from a build-up of fluid that flooded his lungs.

The 30-year-old had multiple disabilities and suffered from six conditions, including rare ones which affected his heart and lung, as well as liver cancer. His illnesses saw him spend weeks as an inpatient at Guys and St Thomas’ Hospitals, where specialist doctors and nurses cared to his complex needs.

While in St Thomas’ Hospital last July, his father Jay says that he was given the wrong treatment – and refused a second opinion – that he claims ultimately lead to his son’s death.

Mr Patel, 59, told MailOnline: ‘I’m absolutely heartbroken. The whole family is. I have lost my baby.

Balram Patel (right) died at St Thomas' Hospital in London in August last year from a pulmonary oedema – he suffocated following a build-up of fluid in the lungs. The 30-year-old, had multiple disabilities and six life-threatening conditions, including a rare heart condition, a rare lung condition and liver cancer. He was looked after by his doting parents Jay (left) and Louise Patel at their home in north London

Balram Patel (right) died at St Thomas’ Hospital in London in August last year from a pulmonary oedema – he suffocated following a build-up of fluid in the lungs. The 30-year-old, had multiple disabilities and six life-threatening conditions, including a rare heart condition, a rare lung condition and liver cancer. He was looked after by his doting parents Jay (left) and Louise Patel at their home in north London

During his short life he spent weeks and months as an in-patient at Guys and St Thomas' Hospitals where specialist doctors and nurses cared to his complex needs. He particularly suffered from breathing difficulties linked to the rare condition of 'plastic bronchitis', which is similar to cystic fibrosis. And it was while he was in St Thomas' Hospital in July last year that his father Jay Patel claims he was given the wrong treatment – and refused a second opinion – that he claims ultimately lead to his son's death

During his short life he spent weeks and months as an in-patient at Guys and St Thomas’ Hospitals where specialist doctors and nurses cared to his complex needs. He particularly suffered from breathing difficulties linked to the rare condition of ‘plastic bronchitis’, which is similar to cystic fibrosis. And it was while he was in St Thomas’ Hospital in July last year that his father Jay Patel claims he was given the wrong treatment – and refused a second opinion – that he claims ultimately lead to his son’s death

‘If my request for a second opinion had been honoured in a timely fashion then my son would not have died at 4am on 9th August last year.’

Businessman Mr Patel’s dispute with medical staff revolves around how his son was cared for after he was admitted to hospital last year with breathing difficulties.

Balram, who led a happy life and enjoyed spending time with his family and his pet guinea pigs, was first admitted to Barnet General Hospital. 

He returned home shortly afterwards.

But tests showed he had developed an infection and he was admitted to St Thomas’ Hospital a few days later as he developed a build-up of fluid in his lungs, medically known as pulmonary oedema.

Balram failed to respond to oral diuretic medication and he was put on intravenous (IV) drugs, which appeared to work.

Following an outbreak of Covid in the hospital it was agreed that Balram – who was clinically vulnerable – would be better treated at home.

District nurses could not be found to administer the IV medication, however.

Clinicians decided the medication could be administered through a syringe pump, rather than straight into bloodstream, known as a ‘subcutaneous injection’.

Mr Patel and his wife Louise found a surgeon, a close family friend, who was willing to administer this method. However, the hospital failed to contact him or a nursing agency which was also available.

Instead, doctors at St Thomas’ decided that Balram could be treated at home with oral diuretic medication – even though they had not worked before.

Mr Patel said: ‘The consultant told me Balram no longer needed IV or subcutaneous treatment and that he would be fine on oral diuretics [tablets].

‘I said: “No way! This doesn’t make any sense. Less than one week ago you switched from oral medication to IV because the oral diuretics were not working”.

‘We argued for 15, 20 minutes.

‘I asked for a second opinion. But the staff replied that the consultant’s decision was final.’

Mr Patel claims doctors told him to take Balram home because he would ‘be fine on oral diuretics’ and that ‘we are here for you’ if he suffered any problems.

Mr Patel added: ‘On that promise we took him home on 4th August. We had a lovely day at home. He was happy. He joked around. He was great.

‘But the next day the oedema [build-up of fluid in the lungs] started coming on. On the 6th [August] it got worse.

He was first admitted to Barnet General Hospital and returned home shortly afterwards. However tests showed he had developed an infection and he was admitted to St Thomas' Hospital a few days later as he developed a build-up of fluid in his lungs

He was first admitted to Barnet General Hospital and returned home shortly afterwards. However tests showed he had developed an infection and he was admitted to St Thomas’ Hospital a few days later as he developed a build-up of fluid in his lungs

To add insult to the family's injury, the fatal build-up of fluid in Balram's lungs, the pulmonary oedema, was not initially mentioned as the cause of his death. It was only recorded after Mr Patel intervened with the coroner's office. Pictured, Balram with his mother Louise

To add insult to the family’s injury, the fatal build-up of fluid in Balram’s lungs, the pulmonary oedema, was not initially mentioned as the cause of his death. It was only recorded after Mr Patel intervened with the coroner’s office. Pictured, Balram with his mother Louise

‘I called the specialist staff at the hospital that night and the following morning.

‘They said to continue with the oral diuretics. I explained it had failed in the hospital and he had to go back on to IV treatment.

‘Finally on 8th August at 5.30pm I took Balram back to hospital. He was rushed straight into the high dependency unit in A&E.

‘At 6.54pm the took an X-ray that showed his lungs were flooded. He was suffocating while trying to breathe.

‘They said they would start IV medication immediately but it did not start until six hours later at 1am.

‘He died at 4am.’

To add insult to the family’s injury, the fatal build-up of fluid in Balram’s lungs, the pulmonary oedema, was not initially mentioned as the cause of his death. It was only recorded after Mr Patel intervened with the coroner’s office.

He added: ‘I honestly believe that if I had been granted a second opinion about how to treat Balram he would not have died that day.

‘I pay tribute to Martha, her mum and dad and family for their fight at a very difficult time.

‘I hope no one else has to go through what we have.’

Mr Patel has set up a pressure group named 'Patients Lives Matter' in memory of Balram and to help other families. A spokesperson for Guy's and St Thomas' NHS Foundation Trust said: 'We wish to extend our deepest sympathies to Balram's family. Balram had incredibly complex health needs and had been under our care throughout his life, during which he was cared for by an extensive multi-disciplinary team. Any concerns the family have will be fully investigated'

Mr Patel has set up a pressure group named ‘Patients Lives Matter’ in memory of Balram and to help other families. A spokesperson for Guy’s and St Thomas’ NHS Foundation Trust said: ‘We wish to extend our deepest sympathies to Balram’s family. Balram had incredibly complex health needs and had been under our care throughout his life, during which he was cared for by an extensive multi-disciplinary team. Any concerns the family have will be fully investigated’

'Martha's Rule', which formalises access to a critical care team for a second opinion, will be available 24/7 and advertised throughout hospitals. The move follows the death of 13-year-old Martha Mills in 2021. She developed sepsis while under the care of King's College Hospital NHS Foundation Trust in south London

‘Martha’s Rule’, which formalises access to a critical care team for a second opinion, will be available 24/7 and advertised throughout hospitals. The move follows the death of 13-year-old Martha Mills in 2021. She developed sepsis while under the care of King’s College Hospital NHS Foundation Trust in south London 

Martha's parents, Merope Mills (pictured), an editor at the Guardian, and her husband Paul Laity, raised concerns about Martha's health a number of times but these were brushed aside

Martha’s parents, Merope Mills (pictured), an editor at the Guardian, and her husband Paul Laity, raised concerns about Martha’s health a number of times but these were brushed aside 

Pulmonary oedema sufferers have described the feeling as being like drowning or suffocating.

The build-up can put pressure on the heart, causing it to fail. Immediate treatment is needed. 

Mr Patel has set up a pressure group named ‘Patients Lives Matter’ in memory of Balram and to help other families.

Patients and their families will be given access to a rapid review of treatment in NHS hospital in England from April if they are worried about a medical condition getting worse, under Martha’s Rule, Health Secretary Victoria Atkins announced yesterday.

Martha’s Rule follows a campaign by the parents of 13-year-old Martha Mills who died in hospital in August 2021 after developing sepsis.

A spokesperson for Guy’s and St Thomas’ NHS Foundation Trust said: ‘We wish to extend our deepest sympathies to Balram’s family.

‘Balram had incredibly complex health needs and had been under our care throughout his life, during which he was cared for by an extensive multi-disciplinary team.

‘Any concerns the family have will be fully investigated.’

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