DHB apologises and makes payout to student’s family

4 July 2013
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The Auckland District Health Board has “unreservedly apologised” to the family of Zachary Gravatt and made a payment to his family in recognition of the losses arising out of the medical students death.

The 22-year-old medical student died of meningitis while at the Auckland City Hospital in July 2009. His admission to hospital occurred during the ‘swine ‘flu’ epidemic.

In a joint statement from the DHB and the Gravatt family, the DHB accepted the shortcomings identified by a 2011 independent medical report and the Coroner’s inquest, including that there were delays in treating Zachary, in considering the diagnosis of meningococcal disease, and in referring Zachary to the critical care medicine department.

“Auckland DHB sincerely and unreservedly apologises to Dr Gravatt and the Gravatt family for the shortcomings, says the statement. “Auckland DHB accepts that a number of aspects of the shortcomings represented substandard care of Zachary at Auckland City Hospital.”

Earlier this year, the High Court overturned a coroner’s decision to suppress the names of three nurses and a doctor involved in the care of Zachary at Auckland City Hospital. The move at the time was seen by nursing and doctor organisations as setting a dangerous precedent. The decision was not appealed by ADHB.

The latest statement says that ADHB has made an “ex gratia” payment to Zachary’s family for their losses but did not disclose the amount. “The losses that the family suffered, and the payment itself, are private matters,” it says.

Since the inquest hearing, the Gravatt family and ADHB have agreed on measures to minimise the risk of cases like Zachary’s reoccurring. “This is partly due to the tireless efforts of Dr Gravatt.”

The statement also says that the family and the DHB hold “different views” on whether the shortcomings in Zachary’s care caused his death. “The Gravatt family sincerely believes that these shortcomings resulted in Zachary’s death, in the sense that Zachary could have survived with better treatment.”

The DHB acknowledges that with “different treatment” Zachary might have survived, but added that Auckland DHB’s position was “that meningococcal disease is an aggressive and deadly disease, and while the shortcomings in Zachary’s care occurred, these did not cause his death”.