Today the Australian News reported on the death of an Mr. Lyji Vaggs, Aboriginal man who was restrained by security staff and handcuffed by police. You can view the article at: http://www.theaustralian.com.au/news/security-yet-to-face-questions-over-asphyxia-death-in-hospital/story-e6frg6n6-1225900835447
In the last two decades professionals in our industry have learned a lot about positional asphyxiation, excited delirium and acute behavioural disturbance, yet all the factors that increase the risk of death during and after a restraint were present in this situation.
This can only mean a few things:
1. The officers involved were unaware of the risk factors because they were not trained properly and so were operationally incompetent. If so the employer is grossly negligent in failing in its duty of care to Mr. Lyji Vaggs; and / or
2. They were aware of the facts but either ignored them or failed to recognise them in which case they were grossly negligent in failing in their duty of care to the patient.
If this had happened in the UK the family would possibly have very good grounds for pursuing a prosecution of the organisation’s involved under Health & Safety statute, the Corporate Manslaughter & Corporate Homicide Act and even Article 2(1) of the Human Rights Act 1998.
I would be interested in your comments on this one.