A hospital trust has apologised after placing a Do Not Attempt Resuscitation (DNAR) order on a patient without his family’s consent.

Andrew Waters, who suffered from Down’s syndrome, was a patient at the Queen Elizabeth the Queen Mother hospital in Margate.

The DNAR order, which was placed on the 51-year-old by QEQM staff during a hospital stay for his dementia in 2011, stated that Mr Waters should not be revived if he developed heart or breathing problems.

It was discovered by carers among his possessions after he was discharged.

Among the reasons for the order were said to be that Mr Waters had Down’s syndrome and had learning difficulties.

Michael Waters, Andrew’s brother, said: “I still feel very angry about this, especially the fact that my brother’s Down’s syndrome was put as the reason for the DNAR.

“As a family we are also upset that the doctor concerned has still not offered any personal apology despite this admission from the trust.”

A spokesman for East Kent University Hospitals NHS Foundation Trust said: “The trust accepts that it breached its duty owed to the patient.

“We apologise unreservedly for this and the distress caused.

“Actions have been taken to ensure this does not happen again and the trust has now reached a resolution with the family.”

Mr Waters died in May this year of causes unrelated to the order.

Solicitor Merry Varney said: “The acknowledgment that it was unlawful and in violation of human rights to impose a DNAR order on Andrew without first discussing it with his relatives is welcomed.

“The decision to impose a DNAR order is a critical and sensitive one and it is important that family and carers of patients who lack the mental capacity to make their own wishes known, are involved in the decision making process.

“The trust had initially argued that there was no unlawfulness as the DNAR was not acted upon and because “there is no indication that [Andrew] was even aware that the decision had been made or understood its significance.

“Although it is disappointing not to have reached this agreement whilst Andrew was alive, the family welcome the trust’s acceptance that their actions amounted to a violation of the human rights of a vulnerable adult and hope that no other family will have to endure the nasty surprise of discovering a DNAR decision has made unilaterally.”