£100,000 recovered for fall in hospital resulting in hip fracture

Our client, Mrs W, an elderly 92 year old woman, from Sittingbourne, Kent, sustained a left hip fracture as a result of falling whilst an inpatient at Medway Maritime Hospital.

A claim was brought against Medway NHS Foundation Trust on the basis that despite being proven to be very unsteady on her feet no preventative measures were taken to stop her from falling, she was allowed to leave her bed unsupervised and no care plan was put in place before the fall.

Mrs W, who had previously lived independently, had been admitted following a fall earlier in the week and she was extremely unsteady on her feet.

Surgery had to be performed to repair the fracture and she remained in hospital for 6 weeks. She was then transferred to Sittingbourne Memorial Hospital for physiotherapy before being released to a nursing home. Regrettably our client has not regained any form of mobility and spends most of her time in a protected bed or wheelchair.

The Defendant did not contest their liability and after gaining strong expert nursing evidence the defendant made an offer of £7,500. This was quickly rejected and negotiations ensued. Discussions as to quantum focused on nursing home fees Mrs W incurred and her reduced life expectancy. The case was eventually settled at £100,000.

Steve Evans, who had conduct of the claim, commented:

“This is an embarrassing case for the Trust and what happened was indefensible. To its credit, the NHSLA made an early offer and settled the case on fair and satisfactory terms without undue delay.

I am pleased the family has been reimbursed costly nursing home fees which would otherwise have been avoided.”