Opposition seniors spokesman Louise Jackson has called for tough new laws to protect seniors following the horrifying case of Gladys Smith.

The 82-year-old died from a heart attack and suffered first degree burns after being left for hours with her feet dangling in a scolding bath at King Edward VII hospital in 2002 while her carers went on breaks.

Mrs. Jackson said the only legislation the Island had covering seniors was the sparse 15-page Residential Care Homes and Nursing Homes Act 1999 which mostly covered the technicalities of registering homes and inspection.

It does not cover the hospital, said Mrs. Jackson, who compared it to comprehensive legislation elsewhere including an 89-page act from Oregon which covers such specifics as meals, laundry, plumbing, dental services and smoke alarms for seniors facilities.

Mrs. Jackson renewed her call for Bermuda to draw up similar legislation to help prevent abuse of seniors with tough sanctions for individual carers and facilities which fail to comply.

"We have nothing like that here. It's like the wild west here, people can do what they want.

"I think Gladys Smith is the biggest wake-up call that this country as far as hospital care is concerned.

"I am scared myself as senior.

"This is the stuff nightmares are made out of. I would love to see Government come forward with some legislation, some policy for these facilities so that nothing like this will ever happen again.

"When something happens to a patient which is clearly due to negligence someone should pay for it.

"Someone should step forward and say we are sorry this happened and this is what we are doing but to all intents and purposes no one seems to be held responsible for this but they are all going about their business as if nothing happened.

"There needs to be some rules and regulations so people can get accountability and justice."

But instead, she said, the hospital was carrying on as if nothing had happened while the male orderly who had put Gladys Smith in the bath and left her there had been promoted to the ICU department.

The Royal Gazette understands Director of Public Prosecutions Vinette Graham-Allan now has the Police file on the March, 2002 death but the family's lawyer Ed Bailey said he had not been told whether any prosecution was in the works.

Mr. Bailey is in talks with the hospital over a civil claim but is poised to sue if it cannot be settled out of court.

"Hopefully we will have some solution in the next 21 days if not there will be court proceedings."

Mr. Bailey welcomed Mrs. Jackson's comments and said the Smith family were grateful for her support.

He said: "We need legislation in place to protect seniors in the position Mrs Smith was in."