Joshua Steven Kerr, a 32-year-old Aboriginal man with intellectual disability and substance use disorder, died from methylamphetamine toxicity on 10 August 2022 at Port Phillip Prison. After lighting a fire in his cell and receiving emergency care at St Vincent's Hospital, he was removed by correctional officers without formal medical discharge. Upon return to prison, his acute behavioural disturbance from drug toxicity was not recognised as requiring hospital transfer. A rigid 'TOG directive' prevented medical staff from accessing his cell. Critical delays occurred: the Code Black was called 8 minutes after he became unresponsive; medical staff were denied access for a further 8 minutes awaiting security clearance. The death was preventable. Multiple opportunities existed to transfer him back to hospital, particularly at 6.40pm when senior staff gathered at his cell. Staff failed to apply the Acute Poisoning Management Guideline, prioritised security over medical care, and lacked training in recognising drug-induced acute behavioural disturbance.
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Specialties
emergency medicinepsychiatryaddiction medicinecorrectional healthforensic medicine
Error types
diagnosticcommunicationsystemdelay
Drugs involved
methamphetaminequetiapinemethamphetamine
Clinical conditions
acute behavioural disturbancemethylamphetamine toxicityacute drug intoxicationintellectual disabilitydepressionanxiety
Contributing factors
failure to recognise acute behavioural disturbance from drug toxicity
failure to apply Acute Poisoning Management Guideline
premature cancellation of hospital escort without medical consultation
lack of discharge summary from emergency department
TOG directive preventing medical staff access to cell
delayed calling of Code Black
delay in providing emergency medical treatment after Code Black called
lack of communication between medical and correctional staff
lack of training in recognising and managing drug-affected prisoners
security concerns prioritised over medical care
failure to escalate medical concerns
inadequate initial assessment at St John's Unit
hierarchical culture inhibiting professional judgment
Coroner's recommendations
G4S and SVCHS staff receive training to recognise and manage drug affected prisoners, including ABD and drug toxicity and effects on decision-making capacity
SVCHS receive training about practical application of the Acute Poisoning Management Guideline
SVCHS staff receive training to reinforce authority and responsibility to advocate for treatment and escalate where appropriate
G4S TOG staff receive training about importance of consulting with medical staff prior to cancellation of medical escort
SVHM ED staff receive training about limitations of medical treatment in prison, benefit of communication of treatment plans with escorting staff, and importance of prompt discharge summaries
G4S staff receive training about circumstances when they can exercise discretion to allow medical staff to enter cell for medical treatment
Corrections Victoria develop and implement joint training program for correctional and medical staff to enhance mutual understanding of respective roles and encourage coordinated cooperative relationship that reduces hierarchical barriers
Corrections Victoria amend escort policies to provide clear guidance on roles and responsibilities for provision and documentation of transfer and discharge information
Health Service Provider undertake interviews with staff at PPP to identify thematic or cultural issues surrounding escalation of clinical deterioration
Review policy on management of deterioration in prisoner under influence or suspected of being under influence of substance
PPP update ABD training package to include Operational Instruction 45 and SVCHS Acute Poisoning Management Guideline
ABD training undertaken by all PPP custodial staff on annual basis
PPP amend management template to include time, date, and authorisation of directives with review timeframe
PPP require collaboration between Health Service Provider and TOG when completing management template
PPP update procedures for opening cell doors after hours to ensure preservation of life is first priority
Health Service Providers update mental health policies to ensure clear guidance on adequate documentation and escalation of health concerns
Justice Health review existing acute overdose assessment tools and implement as required
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