6th January 2023 – Mrs T, a 73 year old woman from Margate, was diagnosed with severe aortic stenosis and concentric left ventricular hypertrophy following a collapse. Prior to this she had been fit and well, was completely independent and was a full time carer for her elderly father.
She was admitted to St Thomas’ Hospital, London for a Transcatheter Aortic Valve Implantation (‘TAVI’) to treat her heart problems in January 2021. On admission, it was noted that she was at a risk of falls due to her heart problems and thus a prevention plan was put in place including bed rails and supervision on mobilising. Following a Balloon Aortic Valvuloplasty procedure Mrs T was noted to have greatly reduced mobility, drowsiness, increasing confusion and to be suffering with hallucinations. Following an unwitnessed fall where Mrs T suffered no injury a review of her falls prevention plan was undertaken, she was deemed as being at high risk of falls and put on 1:1 supervision.
A short while after the falls prevention plan was completed Mrs T fell whilst trying to get out of her hospital bed, landing on the floor and suffering a displaced comminuted intertrochanteric fracture of the left proximal femur and a minimally displaced impacted fracture of the surgical neck of the left humerus.
Mrs T was not under 1:1 supervision at the time as she should have been, due to confusion between the nursing staff as to who was responsible for her.
Mrs T required a nerve block to reduce the pain caused by the fractures before she underwent a femoral nail fixation to treat her hip fracture. Her humerus fracture was treated conservatively. On discharge, she required a hospital bed and community nursing care as a result of the fractures. She continues to suffer with low-grade discomfort and weakness in the left femur, significantly reduced mobility and significant pain in her humerus with stiffness of the shoulder. She lost a lot of independence, requires daily painkillers and sleeps poorly.
Guy’s & St Thomas’ NHS Foundation Trust undertook their own internal investigation in which they accepted that Mrs T’s fall had been caused by a lapse in care when the nursing assistant at the time of the fall was taken away from the patient due to a failure in communication.
Given the Trust’s investigation a Letter Before Action was served on the Trust asking them to admit negligence on a formal footing such that the claim need not be unnecessarily prolonged and the costs of the claim be kept to a minimum. Regrettably, the Trust refused to respond to our allegations until a full Letter of Claim was served.
Steps were therefore taken to prepare the claim to be taken through the Pre-Action Protocol. However, within 3 months of the Trust’s letter insisting on a Letter of Claim, they sent a further letter admitting liability and offering £12,500 to settle the same. This offer was rejected on the basis that it was far too low.
We obtained geriatric and orthopaedic expert evidence that demonstrated that the fractures would continue to effect Mrs T’s mobility for the rest of her life and, further, her life expectancy had been reduced as a result. On that basis, a full schedule of loss was provided to the Defendant with an offer and following negotiation Mrs T accepted the Defendant’s offer of £100,000 to settle the claim.
Francesca Beach, solicitor acting in this matter said: ‘’My client’s quality of life has been dramatically affected by the Hospital’s failure to follow its own plan of care. I am however glad that the Trust realised their errors and accepted responsibility for them so as to avoid putting my client through anymore unnecessary discomfort. As a result of this claim my client now has the means to make her life more comfortable and I wish her all the best for the future’’.
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