Compensation for victim of care home fall

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A case summary of an elderly client who suffered a fall while living in a care home. A legal action (funded on a No Win, No Fee basis) established that the care home was at fault for the fall and a compensation package was negotiated in an out of court settlement

Our client was an elderly lady suffering from Dementia. She was living in a care home, which had a duty to provide her with adequate care and support. However, her family began to grow increasingly concerned about the standard of care our client was receiving from the home. The family said that it was clear from their visits that her hygiene needs were not being met. Furthermore, her buzzer which allowed her to attract the attention of staff was often ignored or placed out of reach. The family’s requests that our client receive personal attention from a female member of staff were ignored. In addition, our client began to suffer an increased number of falls and following an apparent ‘mix-up’ regarding our client’s nutritional supplements there were some concerns regarding malnutrition.

Matters seriously deteriorated when our client suffered a severe fall which resulted in her sustaining a fracture to her femur which required surgery. We were appointed to pursue a compensation claim on her behalf and agreed to undertake this on a No Win, No Fee basis.

Despite making a good recovery from her surgery, our client’s mobility remained restricted. This presented a challenging situation and our client was unable to tell us the circumstances surrounding her fall. However, following a careful consideration of the care home’s records a detailed letter of claim was prepared and submitted. Medical evidence was also obtained which confirmed the nature of the injuries sustained in the  care home fall and the on-going problems being experienced by our client.

The insurers acting for the care home clearly recognised that the home was at fault. They were keen to avoid a situation where court proceedings would be required and therefore entered into negotiations. An out of court compensation settlement was eventually agreed in the sum of £15,000.

Personal injury lawyer Rachel Thain, who dealt with this care home fall case, commented:

 “It is sometimes necessary to rely on others to care for ourselves or our loved ones. Ageing is an inevitable part of life and many of us will require care in our twilight years. It is reasonable to expect such care to be of a high standard. However, this is sadly not always the case and some of the most vulnerable people in society can suffer as a result. Thankfully, in this case our client was moved to another care home where she was able to enjoy a much better standard of care for the remainder of her life.”

If you or a loved one have suffered an accident or been injured while receiving care in a residential care home and would like to know what the legal position is then call our dedicated injury helpline on 0808 139 1606 for a FREE initial assessment or email us at [email protected]