Anna Thwaites of Bindmans LLP and Adam Wagner of Doughty Street Chambers have been instructed to act for the family of Yusuf Mahmud Nazir, a five-year-old boy who tragically died from pneumonia after he was sent home from Rotherham General Hospital because there were ‘no beds and not enough doctors’.

The legal team will initially assist the family in the newly announced NHS England investigation into Yusuf’s death. Yusuf’s family and their legal team are demanding that the investigation:

1. Is fully independent
2. Has wide terms of reference which will include the failure to provide sufficient resources to the NHS 
3. Involves the family at every stage including setting the terms of reference

Yusuf’s family’s overall aims are to understand how Yusuf died, to ensure that there is justice and accountability for any failings, and to make sure that these tragic events are never repeated. 

Yusuf’s uncle, Zaheer Ahmed speaking on behalf of the family said:

We as a family are simply searching for the truth. We want to uncover the facts about why Yusuf was denied access to the medical care he rightfully needed. To help us with our fight for justice, we have instructed a legal team to ensure we as a family have the support and advice we need. In the end, our fight is to ensure other families and children are better protected by the NHS.

Background

• Yusuf Mahmud Nazir died on 23 November 2022 after suffering from a severe infection which spread to his lungs and caused multiple organ failure, resulting in cardiac arrests.
• Yusuf became unwell on 14 November 2022.
• On 15 November 2022, Yusuf’s GP prescribed antibiotics for a sore throat. Yusuf’s condition did not improve, so his family drove him to the Emergency Department of Rotherham General Hospital later that evening. They waited hours before they were seen, at which point a doctor told them Yusuf had the ‘worst case of tonsillitis he had ever seen’. Yusuf was not admitted to hospital.
• On 18 November 2022, Yusuf’s uncle, Zaheer Ahmed, called Yusuf’s GP and then Rotherham General Hospital begging for his nephew to be admitted, but was told ‘there are no beds and not enough doctors’. Yusuf was distressed, struggling to breathe, and could not swallow. 
• On the same day, the family called 999. An ambulance took Yusuf to Sheffield Children’s Hospital. However, his condition deteriorated, and he sadly died.
• The Chief Executive of Rotherham NHS Foundation Trust has apologised to the family for the care provided and confirmed that an independent investigation will take place. 

Yusuf’s family are represented by Anna Thwaites, partner at Bindmans LLP, and Adam Wagner, barrister at Doughty Street Chambers. They both specialise in human rights, inquests and public inquiries, and have extensive experience acting for families who have been bereaved after failings of the state.