Van Tho Nguyen, a 59-year-old remand prisoner with metastatic lung cancer, died of natural causes in a private hospital palliative care setting. He had been a lifelong smoker who developed advanced adenocarcinoma with bone and spinal metastases while imprisoned. The coroner found his medical care in prison and hospital was of high standard, appropriately coordinated between prison health services and Fiona Stanley Hospital specialists, with timely escalation to palliative care. However, the coroner expressed concern about failures in documenting and implementing the Department of Justice policy requiring active steps to facilitate bail application discussions with terminally ill prisoners (Stage Three or Four). The policy steps should have commenced in August 2019 when his status was escalated, but were delayed until December 2019. Better communication with his legal representative and family about bail options, particularly given his social isolation and language barriers, was recommended.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
advanced adenocarcinoma with bone and spinal metastases
disease progression despite chemotherapy and radiotherapy
patient decision to pursue comfort care only
Coroner's recommendations
The Department of Justice policy for terminally ill remand prisoners (Stage Three or Four) should be followed more robustly, both in the steps taken to fulfil its requirements and in the documentation of those steps
Efforts to facilitate bail application discussions should commence early (within weeks of Stage Three classification, not months later)
When unable to contact legal representatives by telephone, communication should be pursued by email or letter, copying in the relevant court
For prisoners with limited English skills and social isolation, more proactive and clearly communicated steps should be taken to ensure bail application options are properly understood and considered
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