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Hospital faces possible suit after death crash inquest: Family call for

The family of accident victim Patro (Tony) Ford are considering taking legal action against King Edward VII Memorial Hospital and a man involved in the road fatality.

And they are calling on the hospital to conduct an inquiry into his death.

Speaking hours after the inquest ended yesterday, Mr. Ford's brother, Russ, told The Royal Gazette : "We have a lot of unanswered questions still and as a result of that we have sought legal advice on the care that Patro received while in hospital and on the criminal aspect regarding the alleged person involved in his death.'' Patro (Tony) Ford died a few days after his cycle collided with Maurice Junior Harvey's on May 20, 1996.

Mr. Harvey was temporarily knocked unconscious after the accident on North Shore Road near Shelly Bay, but was able to flee the scene.

"(Mr. Harvey) was not able to give much help to the inquest,'' Coroner Arthur Hodgson said at the end of the inquest in Magistrates' Court yesterday.

"I've come to the firm conclusion that he was being less helpful than he might have been.'' Mr. Harvey first told the court he could not remember the collision, and then later refused to answer questions which he felt would incriminate himself.

A Police witness yesterday disclosed that Mr. Harvey had been charged with failing to report an injury accident, failing to give his name and address, and failing to stop after an accident.

Mr. Hodgson ruled Mr. Ford's death was due to cerebral edema due to a severe head injury. But he went on to say that because the two-cycle collision had taken place on or near the centre line, both riders were apparently at fault.

Mr. Hodgson also said evidence showing Mr. Harvey was impaired at the time of the accident was inconclusive.

Neither Mr. Ford nor Mr. Harvey were given blood alcohol tests on the night of the accident. And earlier in the trial, Mr. Ford's sister Patrice Smith spoke of the last moments of her brother's life in the hospital.

In particular, she told the court she believed a seizure Mr. Ford suffered while in the emergency room contributed to his later death.

"At that point we believed he sustained further injuries because he flipped his entire body over with the seizure,'' she said. "And he struck his damaged side on the side railing.'' After the fit her brother was no longer responsive to touch or voices, she said.

Soon afterwards, Mr. Ford's family members made a "collective agreement'' to remove him from the life support system when he was declared brain dead.

"We thought it would be inhumane to keep him on a ventilator for the rest of his life,'' said Mrs. Smith.

The family, who consoled each other outside the court after the coroner's verdict, are awaiting a written version before deciding on what action to take.

But Mr. Ford said: "We feel that it is incumbent to pursue further answers.

We feel that the public at large needs to be protected regarding the kind of treatment one receives at the hospital. The matter of accountability of medical care needs to be addressed.''