Clinical Negligence

Mismanagement at a residential care home

This clinical negligence case arose from mismanagement of an elderly resident at a residential care home. Consequently, the claimant’s mother suffered multiple falls, one of which resulted in a fractured hip (requiring hip replacement surgery). The claimant’s mothers health significantly deteriorated, and she died.

The claimant’s mother had a diagnosis of Alzheimer’s dementia. In December 2019, following a deterioration in her cognitive abilities, she was moved to a residential care home. Upon admission, she was documented to be eating and taking part in daily activities.

From around February 2020, the care home documented a deterioration in the claimant’s mothers’ confusion. From around April 2020, her behaviour deteriorated. She was confused, requiring emotional support and was often found wandering.

Despite the deterioration, no care plans or risk assessments were put in place and/or updated.

By August 2020, the claimant’s mother was confused, disoriented, exhibiting challenging behaviour and often found wandering. Yet, she was documented to be at low risk in relation to her mobility.

In November 2020, the claimant’s mother suffered a fall. She was taken to hospital and noted to be very confused and physically lashing out. An x-ray was undertaken, which confirmed facture of the right neck of femur. She was admitted for surgery, and later discharged back to the residential care home.

The claimant’s mother suffered two more falls upon re-admission to the residential care home.

Subsequently, the claimant’s mothers health rapidly deteriorated and she died in December 2020.

Several safeguarding investigations were undertaken, which each concluded Neglect by Acts of Omission.

We were contacted by the claimant (the deceased’s daughter) to investigate a clinical negligence claim.

Medical records were requested, and a witness statement obtained from the claimant.

In light of the safeguarding reports, expert evidence was not obtained. A letter of claim was drafted on the basis of the medical records and safeguarding investigation. Investigations were also made into the value of the claim.

Thereafter, the letter of claim was sent to the defendant with an offer of settlement.

The defendant responded to the letter of notification, denying liability. Nonetheless, settlement negotiations commenced, and a financial settlement was agreed.

Christina Mallery-Nelson specialises in claims relating to mismanagement in nursing and residential care homes. If you would like to ask Christina a question about a potential clinical negligence claim, or if you have a general query about any personal injury claim, contact Christina at Thomson Snell & Passmore solicitors on 01892 701183 in confidence. We offer no win no fee agreements on the vast majority of our clinical negligence and personal injury cases.

How can we help?

    Start now, get in touch