Hospital apologises for 'do not resuscitate' order on Down's Syndrome man Andrew Waters

'There was nothing wrong with Andrew’s health at the time which would have had an effect on resuscitation,' says brother

His learning difficulties and Down’s Syndrome had been listed, among other reasons including unable to swallow (PEG fed) and bed bound for the DNR (Leigh Day/ PA)

A hospital trust has apologised for wrongly putting a "do not resuscitate" (DNR) on the medical file of a man with Down's Syndrome.

Andrew Waters’ family were not consulted about the order and were only made aware of the situation when he was discharged from Queen Elizabeth the Queen Mother hospital in Margate, Kent in 2011.

His learning difficulties and Down’s Syndrome had been listed as reasons for the DNR, among others including the fact he was unable to swallow and bed-bound.

The Guardian reported the order also stated that his next of kin were unavailable for consultation, despite family members making daily visits.

East Kent Hospitals NHS Trust has admitted breaching Mr Waters’ human rights, who died aged 53.

Michael Waters, Andrew’s brother, told BBC News: “For someone to make that decision, without consulting a member of the family or any one of his carers, was just totally unacceptable.

“No one has the right to make such a decision in such a disgraceful way...to put those reasons down.

“We were there at hospital and involved in his care at every point. The form was a folded-up piece of paper found in his bag after discharge, by his carers.

“There was nothing wrong with Andrew’s health at the time which would have had an effect on resuscitation.”

He had been admitted to hospital with problems related to his dementia, when staff decided he should not be resuscitated.

The family have accepted the hospital’s acknowledgement of breaching Mr Waters’ human rights.

Michael Waters said: “It’s taken a long time for the hospital to admit this, which we’ve found hard.

“All we ever wanted from this case was a simple apology. People with Down’s Syndrome deserve the right to live like you and me.”

The family never sought compensation over his death.

In a statement, East Kent Hospitals University NHS Foundation Trust said: “The trust accepts that it breached its duty owed to the patient.

“We apologise unreservedly for this and the distress caused.

“Actions have been taken to ensure this does not happen again and the rust has now reached a resolution with the family.”

Jan Tregelles, head of the Mencap charity, said: “This highlights the failures of care that are a daily reality for many people with a learning disability trying to get access to good quality healthcare."