A family is assessing legal options after a magistrate gave a ruling of death by misadventure for pensioner Gladys Smith who was left in a boiling hot hospital bath.

Mrs. Smith, 81, suffered a heart attack and two first degree burns to her feet and died shortly after she was found on March 26, 2002, at King Edward VII Memorial Hospital.

Yesterday the family's lawyer urged prosecutors to take up the case while granddaughter Nina Smith said: “In her honour, we hope and pray that her death was not in vain but to bring about change and improvement to our hospital.

“No more promises, something must be done now. It is an absolute disgrace for someone to be in fear and watchful while in the care of our only medical facility.”

Coroner Edward King summed up the facts of the case before giving his verdict.

He said Mrs. Smith, who was categorised as a patient who needed assistance, had been taken to the tub in a chair lift after 9 a.m. and placed in the tub and left alone with the hot faucet running after she began to defecate. She was then found alone in a steaming bathroom with her feet up to the ankles in hot water with the tap still running and the drain trapped by faeces.

Mr. King said the hot water had been running at less than lukewarm that morning but after 11 a.m. it was running hot but the patient was unable to reach the taps because of a barrier.

The autopsy had shown the feet had been “de-gloved” of skin while there was blistering on the left leg. But he concluded: “There was nothing to indicate any wilful act or omission to cause the death or injuries.

“She did nothing to bring about her own demise. In the circumstances, Mrs. Smith's death was by misadventure.”

Mrs. Smith, of Railway Trail, Sandys, had heart disease had only been admitted to King Edward VII Memorial Hospital a month before her death.

The family's lawyer Ed Bailey said afterwards: “The coroner's verdict will be studied and we will take instructions and, in due course, we will be in contact with the Hospitals Board and their attorneys and hopefully we can solve it.”

During the case, hospital orderly Laurie Furbert told of how he had left Mrs. Smith in the tub with the hot water running and went on a break at the same time as nurse Carmalita Francis who had bathed her.

He had claimed Mrs. Smith had been left suspended above the bath with her feet above the water and that the water was running freely down the drain as Mrs. Smith's stools were loose.

But he conceded she could have been left alone for well over an hour until nurse Francis remembered about Mrs. Smith after a relative arrived to see her.

Mrs. Smith's granddaughter, Nina Smith, said she was angry that hospital orderly Laurie Furbert was still working at the hospital. He now works as an Emergency Medical Technician in the intensive care unit.

She said she held the hospital to blame for the tragedy but she said the family had received no apology or explanation from the hospital.

Mr. Bailey said he would be writing to the hospital this week.

“I don't think they really wanted to respond until the verdict and the facts were made public. We will consider all the options.

“I am disappointed the Director of Public Prosecutions office has not taken action. They have a lot of evidence to have people before the court for criminal negligence.”

He said he will be writing to the DPP to urge prosecutors to get a copy of the transcript of the hearing.

Director of Public Prosecutions Vinette Graham-Allen said she had yet to look at the case as the verdict had only just been given.

Last night Bermuda Hospitals Board CEO Joan Dillas-Wright said: “We offer our sympathy to the family of Mrs. Gladys Smith during this difficult time. We cannot at this time release more details than included in Mr. King's comment.”

After the case Nina Smith read a statement on behalf of the family thanking the coroner for his verdict which brought closure after 34 months of pain and suffering.

“We can now start the healing process.”

The family said Mrs. Smith was held in the highest esteem as someone who exercised humanity. “Our ‘Mother Teresa' did not deserve to pass on the way she did.”