Benjamin Rose successful at 3 day in inquest.

Benjamin Rose appeared on behalf of the family of the late Barry Whipp at the inquest in Chesterfield, held by Peter Nieto, the Senior Coroner for Derby and Derbyshire.

Benjamin examined the Home Office pathologist, the detective in charge of the investigation, as well as the two people with Barry at the time of death, as well as executives of the care home, and a care agency.

The initial cause of death had been recorded as a cardiac event, but the pathologist could not be sure if this occurred before or after the fall from bed. Upon being presented with evidence of a measurable blood pressure and pulse after the fall, the pathologist altered his position to confirm that Barry was not in cardiac arrest at the time of the fall, and that the fall could have caused the fatal cardiac event.

The coroner went on to declare that the fall directly caused Barry's death, and that this fall was due to the agency carer's mistake.

The inquest had been delayed due to an initial investigation for Gross Negligence Manslaughter which was subsequently discontinued.

Benjamin was instructed by Joe Dodman and Alex Hadden of HCC Solicitors.