Our Case Studies

The family of a deceased woman recover £25,000 on behalf of her Estate after she fractured her hip following two separate falls at the Hull Royal Infirmary.

An otherwise generally fit 85 year old woman previously living independently on her own was admitted to hospital following a fall, during the course of which she fractured her left hip. She underwent a partial hip replacement without complications. Whilst in hospital she suffered 2 falls from bed, as a consequence of which she suffered a further fracture to her right hip. This went unidentified for a period of 11 days, notwithstanding frequent complaints of pain made by the woman’s family to the Nurses and medical staff. The Deceased underwent a second partial hip replacement, this time to the right hip. Her recovery was much less successful. She developed MRSA, which spread in to the bone resulting in the infection becoming intractable.

There was a dramatic/drastic change in the Deceased’s life. From being previously independent, she ended up living in nursing accommodation and being wheelchair bound. She required constant treatment and medication to control the MRSA, and suffered considerable pain in addition to the obvious discomfort, and requires continuous medication. Her quality of life was severely affected.

The woman contributed privately for the nursing home up until the date of her tragic death on the 1st September 2008. Her death was unrelated to the Nursing/medical treatment received.

A Letter of Claim was written alleging failings in the standard of care provided, both in relation to the fall and to the delayed diagnosis. Following a denial of liability Court proceedings were issued.

Following the woman’s tragic death, her family took over the conduct of the claim and adopted the action on behalf of her Estate.

The matter was originally pursued with the help of Public Finding (Legal Aid). Following her death the family instructed this firm under a “No Win, No Fee” agreement. There was therefore no cost to either the woman, when she was alive, or her family following her death.

The claim was ultimately settled with the Hospital Trust agreeing to pay £25,000 to compensate the woman’s Estate for the pain, suffering and loss of amenity endured by her and in respect of the contributions she had to pay towards the nursing care costs following her admission to a nursing home.

Care of the elderly

A common thread that we have found relates to the lack of proper nursing and/or medical care provided to the elderly, particularly in the hospital environment. Following a fall of the nature sustained by the Deceased in this case, the consequences of such a fall can be more dramatic than with younger people. Because of their age and underlying general frailty, they are in a far more vulnerable position. It is important, when they are admitted to hospital, that they are properly assessed for their needs and care plans are set up to ensure a safe environment to hasten the patient’s recovery.

The failure on the part of the Nursing/medical staff following the Deceased’s admission to properly assess her and to prepare proper care plans, resulted in not only the Deceased suffering a further fracture as a consequence of falling in hospital, but in her and her family’s complaints of pain being overlooked over a period of 11 days before a proper investigation was carried out to identify the fracture sustained. This had consequential knock on effects in relation to the surgery performed and the development of the MRSA.

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