Enable Law partner Mike Bird, has paid tribute to the parents of a five-year-old Cornish girl who died after having her adenoids and tonsils removed. He was instructed, with Rachel Lee-Oldfield assisting in the claim, to represent the family at inquest. Mike praised Amber Milnes’ mother and father after they issued a heartfelt warning to parents following an inquest into her death. With Mike’s support, Sereta and Lewis Milnes have spoken out and publicly urged other parents to “trust their instincts” if they are concerned about their children undergoing surgery.
Their daughter Amber underwent the procedure at the Royal Cornwall Hospital in Truro on 5 April 2023, due to enlarged tonsils and sleep apnoea. Cornwall Coroners Court was told her parents felt Amber should stay in hospital overnight after surgery, to avoid triggering her rare condition of cyclical vomiting syndrome (CVS). But Amber was discharged soon after and started vomiting in the early hours of the morning of April 6. Sereta called at 7.00am asking for Amber to be admitted, but was told to keep her at home.
She remained unwell through the day and she was admitted back to the hospital at about 10.00pm that evening, having vomited about 20 times. The inquest heard Amber suffered a fatal haemorrhage, likely caused by an infection in the part of her throat where her tonsils had been removed, at about 3am on April 9.
The family statement
After the inquest, in a statement read out by Mike as he stood alongside Sereta and Lewis outside Cornwall Coroner’s Court, they described Amber as a “beautiful, joyful and brave” little girl who “sparkled and shone” in their family and community.
“We have listened to the evidence from all the doctors, and we thank them for their honesty in explaining what happened, and where things could and maybe should have been done differently,” they said.
“As her parents, we will always feel that Amber should still be with us. She should have been allowed to stay in hospital after the surgery as we asked, even if it was just to be on the safe side, or at least she should have been admitted straight away when we called in first thing the next morning to say she had been vomiting.
“We still feel her condition wasn’t understood enough. We understand her death in this way was incredibly rare, but it never crossed our minds that she might die from having her tonsils out.
“Parents everywhere will understand, and we would urge other families to ‘Remember Amber’ when their children face surgery.
“If surgery is needed, then do go ahead, but if you are worried, don’t be afraid to trust your instincts and speak up or ask questions, and work with the doctors, but remember that no operation is risk-free, however common it may be.”
The inquest
The couple have been represented by Mike since they first approached Enable Law seeking legal support in September 2024. At that point an inquest had been arranged for October 2024, but the family had neither been advised they might need legal support nor asked about key concerns. Enable Law reviewed the evidence and approached the Coroner, explaining the complexities of the case and need for additional evidence. Mike spent time with the family, listened to their concerns and asked the Coroner to reconsider by pausing the process and widening the investigation
The Coroner agreed to consider the family’s concerns and carry out further investigations, including obtaining his own independent expert evidence, and to re-list the inquest hearing when the evidence was complete. Enable Law also carried out a series of investigations and worked collaboratively with the Royal Cornwall Hospitals NHS Trust solicitors to ensure all the necessary witnesses were identified and evidence obtained.
During the inquest in Truro, Mike asked a series of key questions of the witnesses, to address the family’s key concerns.
Following the inquest
After the hearing, and speaking alongside Sereta and Lewis, Mike said: “No one expects their five-year-old child to die after having their tonsils out. I can’t think of a harder situation for a family to face than losing Amber after such a common operation.”
“The coroner has carried out a full investigation, with evidence from the doctors and an independent medical expert, and the family are very appreciative of that. But there are still some mysteries about how Amber died, and whether if things had been done differently, her death may have been avoided.”
“Inquests, especially when a child has died, can be complicated and daunting and it has been a privilege for us to support Sereta and Lewis, and their children, through this ordeal. I hope they feel we have helped them get answers to their questions, where answers could be found.”
“Their courage and dignity has been incredible, as they searched for answers, as well as lessons or changes that might spare another family the same agony.”
“Their urgent message to other families is this – remember Amber when you’re faced with an operation, that no operation is risk free and if you need it, have it but if you are worried, speak up.”
The Coroner’s conclusion
Andrew Cox, the Senior Coroner for Cornwall, reached a narrative conclusion following the inquest. Mr Cox concluded: “Amber died from a known but very rare complication, catastrophic haemorrhage caused by infection after a surgical procedure, adenotonsillectomy.”
Amber’s cause of death was recorded as massive haemorrhage with aspiration of blood and surgical site infection.
Mr Cox said he was unable to say whether Amber’s death could have been avoided if she had remained in hospital overnight, or been given anti-sickness drugs at an earlier stage. “In my view, her death was due to the operation providing a means for infection to gain access to the artery that ruptured,” he concluded.
How we can help
The pain of losing a child is immense and something that no parent expects to happen to them. Wanting to understand and obtain answers as to what happened and why it happened is natural, and is extremely important to all the families. At Enable Law, we can help you find those answers and also fight with you to bring about change to ensure that lessons are learnt for the future. We understand the pain and loss parents are suffering will impact them for the rest of their lives, and no amount of financial compensation will solve this but for some families, investigating a claim, sharing their story, and improving care is an essential part of re-building their lives.
To have a free, confidential discussion with a member of our dedicated team call us today on 0800 044 8488 or fill in our contact form so we can get in touch with you at a time convenient for you.
