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Our Medical Negligence team have successfully supported our client with an injury claim, after their family member broke their hip in a fall while being treated at their local hospital.
They had been admitted as a patient following a diagnosis of a urinary tract infection by their GP during a home visit. It was noted that they had a background of Lewy body dementia, vascular dementia, and a history of falls prior to admission. They had also been identified by their GP as a high falls risk, which was confirmed by the hospital in a falls risk assessment after their admission.
While waiting to be discharged from the hospital, the patient was observed falling twice on consecutive days – with the second fall causing a hip fracture, which required surgery.
They underwent the surgery and within two months, after slow progress with their physiotherapy, they were discharged to a care home facility. They sadly passed away 10 months later.
Our Medical Negligence team were instructed by the family after their relative had been highlighted within a Root Cause Analysis (RCA) report, which found nine incidents over a four-month period where a patient had sustained a broken hip whilst an inpatient at the same hospital.
The report raised concerns around staffing levels, decision-making and fatigue, and inadequate risk assessment and falls guidance. Significantly, it also acknowledged that following their injury: “the short and long-term outlook for patients was generally poor with an increased one-year mortality of between 18% and 33%, and negatively impacting upon activities of daily living”.
Several issues, specifically related to our client’s relative’s care were also identified. The report found that the patient was not placed in a low-rise bed, was not provided with appropriate footwear and no additional supervision was put in place, despite being at high risk of falling.
Considering the evidence available, we submitted allegations of negligence to the Defendant hospital trust in a Letter of Notification, which raised the failures to adequately assess the patient’s fall risk and take appropriate measures to prevent them from falling. It was argued that, but for these failures, on the balance of probabilities, the patient would have avoided suffering two falls in hospital and sustaining a fracture to their hip, requiring surgical intervention, and detrimentally impacting their mobility and quality of life up until their death.
Liability was initially denied by the Defendant, but with our team’s support, an expert was instructed, and allegations were put forward in full in a Letter of Claim which ultimately enabled the case to be settled – and a final settlement was agreed of £27,500.
Charlotte Bishop, lead solicitor on this case, said: “This injury caused our client’s relative considerable pain and distress and was entirely avoidable had the appropriate measures been put in place.
“Our client made it clear from the start that their main concern was receiving acknowledgment from the hospital of their failings and confirmation that new measures had been implemented to prevent this happening again.
“I am very pleased to say that the hospital concerned have apologised to the family for their failings and have confirmed that new systems have been put in place since the incident. I am delighted that we managed to achieve such a great result for our client and their family, and I sincerely hope that the hospital has learnt lessons.”
At Fosters Solicitors, our Medical Negligence & Inquests team support those who have been injured or bereaved because of medical negligence.
Where a mistake has occurred whilst a patient is under the care of a medical professional, in both the NHS and the private sector, this can lead to injury, pain, distress and sometimes tragically even death.
When medical treatment does not go as planned, obtaining the compensation you deserve can seem daunting, complicated and patients are often left feeling alone.
Our Medical Negligence & Inquests team are able to support you or your family with a potential claim. We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you may have a claim, please do contact us. This is completely without obligation.
We are also able to discuss how the costs of the claim are covered, including through a no win no fee agreement.
For more information, or to arrange a free no obligation chat, please call 01603 620508 or complete our online enquiry form. Details of all our Medical Negligence services can be found here.
Find out more about hospital fall claims here.
