Fractured Femur from a Care Home Fall

Our Care Home Claims Solicitors acted for a son on behalf of his deceased mother who had suffered a fractured femur whilst in a care home, the claim was brought in his capacity as executor of the estate.

His mother had previously been in a care home in Bury when she had an accident, resulting in a fractured left femur and it was stated in her care plan that she was at high risk of falls.

Following her discharge from the hospital she had gone on to live in another care home where a second fall occurred. In managing this case our specialist solicitors obtained expert medical evidence from a Consultant Orthopaedic Surgeon.

Fractured Femur Claim

A claim for damages was made as a result of an injury she suffered whilst a resident of the Rose Court Care Home in Radcliffe, Manchester and a settlement of £20,000 was awarded in recognition of the:

• pain
• suffering
• loss of amenity
• travel expenses incurred by the son

One evening whilst at the Rose Court Care Home, his mother had been unsettled, did not appear to want to stay in bed in her room and so she moved to the dining room.

From here she started to wander around the ground floor and was found lying on the floor in a corridor close to the staff office, screaming in pain and unable to stand or walk. It was unknown how she had fallen and she was helped back to bed and given paracetamol by the team on duty.  The next morning she was still in pain so an ambulance was called and her son was alerted to the fall in the care home.

Duty of Care Omission

A safeguarding investigation by Bury Council substantiated that there had been an omission of care as no medical assistance was requested at the time of the incident. In addition, her care plan clearly stated that she was at high risk of falls, needed assistance on any transfers when walking from one place to another and had little insight into her own safety.

“Numerous risk and fall assessments were carried out and each one states that the lady in question needed assistance and care, so in this case there was clearly a breach in duty of care,” said care home claims solicitor and personal injury specialist, Michael Talbot.

“She had suffered previous falls and this raises the question as to why no increased supervision was given.  Her dependency rating score showed her needing at least one nurse and a wheelchair, or other aid for mobility.

In addition to her mobility problems this lady was also administered medication which could cause drowsiness and contribute to falls and accidents,” he added.

Falls and injuries in Care Homes

It is an established fact that older residents living in care homes are three times more likely to fall than those elderly people still living in the community in their own homes or with family. In many of these falls, the residents suffer serious injuries and almost 40% of hospital admissions from care homes are as a result of a fall.

“Falls are the most common type of injury in residential care homes.  As families we often rely on these homes to look after and care for our relatives and quite rightly expect a duty of care,” added Michael Talbot.

“Home are regularly inspected and whilst we all know accidents can happen, those running the homes have an obligation to; train staff, follow all health and safety assessments, maintain equipment, get qualified appropriate staff and report and manage all incidents that do occur properly.

In this case our client’s mother should have been monitored, not allowed to just wander around and when an accident did occur medical assistance should have been sought straight away.”

How can we help

When a loved one is involved in an accident in a care home a family member can bring a compensation claim on their behalf, even when that loved one has passed away.

For specialist legal advice on claims against a care home contact our care home neglect solicitors on 0161 785 3500 or enquiries@pearsonlegal.co.uk

Subscribe to our newsletter

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.