A disability care provider has been fined $1.8 million for breaching standards of care over the death of an Indigenous woman who suffered burns to up to 40 per cent of her body in a bath.
Kyah Lucas died in hospital as a result of the burns in February 2022, five days after receiving bathing support services from LiveBetter.
The not-for-profit — a registered National Disability Insurance Scheme (NDIS) provider since July 2018 — was taken to court by the NDIS Quality and Safeguards commission over “fundamental failures” to protect Ms Lucas.
The Federal Court heard the 28-year-old lived with her family at their home in Orange, in the state’s central west, and had been a LiveBetter client since at least 2009.
She had multiple disabilities and health conditions, including Cornelia de Lange syndrome, which meant she was non-verbal, had thin skin and had difficulty regulating her temperature.
The court heard LiveBetter provided bathing support to her on more than 80 occasions between April 2021 and February 2022, with two workers present on each occasion.
But risk assessments failed to identify the risk that Ms Lucas may be burned.
The court previously heard that when Ms Lucas was removed from the bath after one or two minutes, the staff noticed her skin was peeling and the temperature panel was set at 60 degrees Celcius instead of the usual 40 to 42C.
LiveBetter admitted to 17 contraventions of the NDIS Act, which sets out standards of care, and agreed to the $1.8 million penalty during mediation.
The parties also agreed there had been an absence of adequate training for support workers, which had the potential to lead to serious consequences for its clients.
Ms Lucas was “particularly vulnerable to burns because of her disabilities and (was) unable to verbally express discomfort,” Justice Elizabeth Raper acknowledged.
In her written judgement, the judge said the harm suffered by Ms Lucas and her family was “of the most acute kind”.
“There are no words to properly express the degree of the harm suffered,” Justice Raper said.
“LiveBetter accepts that the nature and extent of the contraventions causing loss are serious as they ultimately resulted in the death of Ms Lucas.”
LiveBetter previously apologised publicly to the family for its role in the tragedy and cooperated with the investigation.
In a statement, LiveBetter said everybody in its community had been deeply saddened by the death.
It said the penalty reflected the seriousness of the circumstances.
“We accept the outcome of the legal process and will continue to offer our full support to Kyah’s family, our staff, the communities we serve, and other who have been impacted by this case,” the statement said.
“Our commitment to safety and quality of care remains unwavering.”
LiveBetter also said the case had put a spotlight on training and assessment processes, which had been independently reviewed.
There had been “significant steps” to strengthen overall safety measures, the not-for-profit said.
Origininal Post https://www.abc.net.au/news/2024-04-17/live-better-ndis-bathwater-death-one-point-eight-million-dollars/103735228
