Hospital security guard 'snaps' man's arm during 'illegal' move in dying relative row
A man claims his life has been 'turned upside down' after a security guard 'broke his arm' after visiting his dying cousin in hospital.
Mr Murphy, aged 41, who only gave his surname, said a member of staff 'snapped his arm behind his back' after leaving the ward where his relative had just passed away at Sandwell General Hospital on January 15, 2021.
The former cleaner had to go to A&E and required surgery after his arm 'completely snapped in half'.
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As a result, he lost his job, can no longer work and relies on PIP to get by.
Mr Murphy said the altercation took place when he and another cousin went to go for a cigarette after receiving the bad news, only to be told by security they would not be allowed to return to the ward if they went outside.
Mr Murphy said he changed his mind and turned around, but was 'grabbed by security' near a lift before a 'small verbal altercation' took place.
He said, "I was explaining my position, and I'm happy to leave, but you don't need to put your hands on me.
"Now I was surrounded by security, and they were putting their gloves on; it looked like they were ready to get physical.
"I said, don't put your hands on me, if you want me to leave, ask me and I will leave. I said several times to call the police, but don't put your hands on me.
"At that point, one of the security guards grabbed my arm and placed my arm behind my back.
"I was not fighting or physically resisting. He pulled my arm forward towards him, then he did this move and snapped my arm.
"He was then behind me, yanking on my broken arm, until I screamed out.
"As a result, I got sent to A&E."
Mr Murphy said he suffered a 'midshaft to distal displaced spiral fracture' and surgeons had to put an eight-inch plate with 12 pins in his humerus bone, with the operation taking four hours.
A report by the NHS trust that runs the West Bromwich-based hospital said the staff member used a physical manoeuvre 'not recognised in training' and deemed the incident 'unacceptable'.
It stated that Mr Murphy 'should not have been removed from the hospital with such physical force that his arm was broken'.
Sandwell & West Birmingham (SWB) NHS Trust subsequently offered 'profound apologies' to Mr Murphy.
But Mr Murphy says his situation has been made worse because doctors failed to sufficiently update his medical records concerning his injury and post-symptoms, meaning he struggled to get on benefits and hasn't been able to receive adequate treatment or compensation.
The three-year window that the NHS allows for people to bring a personal injury case forward has since passed and Mr Murphy says he hasn't been offered an extension to that period.
He said: 'The NHS has made my life hell for the past four years.
"The NHS has delayed my treatments and diagnosis, and now they are refusing to extend my time limitation for litigation.
"They have flipped my life upside down. I lost my job, I'm on PIP, and I'm still getting therapy for the injury."
Mr Murphy said the NHS has only offered him £4,000 in compensation, which was for 'interim payments', because he doesn't have the necessary evidence to show 'significant impact' that the incident has caused him.
He's since been diagnosed with PTSD, reactive stress, chronic pain, and he's soon due to be diagnosed with fibromyalgia - a long-term condition involving widespread body pain.
While Mr Murphy says he has only recently been referred for pain management for fibromyalgia, alongside another condition called complex regional pain syndrome.
Overall, Mr Murphy said his claim is worth in excess of £200,000.
The hospital report said: "This investigation has found that the force used against Mr Murphy was inappropriate, and although staff felt that Mr Murphy was behaving inappropriately, he should not have been physically removed in the way it happened.
"It can be heard on the videos of the incident that Mr Murphy and his family were asked to exit the hospital. However, this was hindered by staff surrounding the family, specifically Mr Murphy, making it difficult for family members to leave without an altercation.
"The requests from security staff to the family members to leave the building were not polite, and family members responded in the same manner."
The report continued: "Following a review of the video, there is evidence that Mr Murphy was verbally aggressive and threatening towards staff when he was informed he would not be allowed back up to the ward due to the trust's policy on visiting during the pandemic.
"On review of the footage (with sound), Mr Murphy can clearly be heard to make verbal threats towards security officers and that he would be physical towards them if they touched him again."
The report concluded: "Mr Murphy should not have been removed from the hospital with such physical force that his arm was broken; this is unacceptable, and the seriousness of this incident has been discussed with senior staff within the Trust, and appropriate action has been taken as a result.
"The Trust offers profound apologies."
The report noted that the trust would happily co-operate if the police required any information, however Mr Murphy claimed West Midlands Police refused to investigate or take a statement.
He added: "I still can't accept what happened, I'm struggling to accept the plate in my arm, the constant pain.
"I can't cope with the significant effects of this assault and injury, largely because of the lack of justice and delays."
In response to the story, a spokesperson for West Midlands Police said: "We investigated after a man was injured during an incident at Sandwell General Hospital in January, 2021.
"Footage of the incident was examined by officers, and it was decided that there was insufficient evidence for a prosecution.
"We spoke to the man who was injured at the time to update him on the decision."
Jo Newens, Chief Operating Officer at SWB NHS Trust, said: "We are deeply sorry for the injury Mr Murphy sustained, and have sincerely apologised to him.
"Following our investigation we have implemented additional training for all security staff."
NHS England was approached for comment.
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