Clinical Negligence Case News - 17k

A clinical negligence case was settled with the NHSR were an elderly client sustained an injury which arose due to a breach of duty whilst in Hospital. The client which suffers from a mental condition did not have the enhanced level of safeguarding afforded neccessary which resulted in an accident. The concequences of which caused the client to lose their physical independance, which evidence concluded could of been avoided if the incident didn't occur.

An elderly client of 79 suffered a fall and fractured their right femur and right shoulder. The client also suffers from Schizophrenia, diabetic retinopathy effecting their sight and was recovering from a recent stroke so our instructions came via a family member in June 2016. They was admitted for surgical treatment and rehabilitation at Stepping Hill Hospital in June 2015. Due to their mental condition, the client tended to get out of bed and wander. However, due to their physical condition, they were not very stable on their feet. The client was known to have been at high risk of falling but despite this, the trust failed to put enhanced safeguards in places such as have the bed close to the nursing station or a sensor alarm to alert the nurse when they got out of bed. On 10th Sept 2015, The client got out of bed and suffered a fall where they fractured their left femur. Breach of duty was not disputed.

The main issue was to determine what the consequences of the fall were. The client had another operation on their right leg and two weeks later they were transferred to a nursing home. However, by that time they had failed to have proper rehabilitation and the evidence was the client was stuck in the foetal position. In essence, they never really walked again which was significant as before the fall, it was clear that physically the client was regaining their full independence in recovering from the June 2015 fall. The Caresso member firm secured evidence which suggested that but for the clients fall, they would have still been able to mobilise independently.

Due to limitation, protective proceedings were issued and with only days before the deadline for full service, we were able to convince the NHSR that settlement is best for all involved in this case. The defendant made a part 36 offer of £5,000.00 but the member firm eventually managed to secure a global compensation of £17,000.00. The case proceeds to an approval hearing as the client is a Protected party.

Matter Value: Value claim – £17k


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