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Mrs W recovered £195,000

We acted for Mrs W who attended the Emergency Department by Ambulance on 26th July 2018 with confusion and slurred speech. She had a history of confusion and the history of confusion was documented in her admission notes and in her nursing documents.

Mrs W was, however, much more confused than she had been previously when her daughter saw her on 27th July. She reported her concerns to the nursing staff on leaving the ward after having seen her mother.

The Nursing Form stated that the Claimant was at high risk of falling.

The staff implemented “Baywatch” at 22.00 . Baywatch standards are that there should be constant eyes on the patient.

The Observational Chart (completed by the Hospital Staff) noted that Mrs W had to be assisted back into bed on a number of occasions after her daughter had left the hospital.

At or around 2.00 on 28th July 2018 the Clinical Support Worker left the ward leaving only the nurse in charge in that ward. The Nurse decided to move a linen cart and therefore did not have eyes on Mrs W and whilst this was happening Mrs W got out of her bed and fell suffering a fracture to her femur.

It was our case that the Hospital failed in its duty of care in respect of treatment. Mrs W should not have been left unattended and the failure to monitor her consequently resulted in the injuries she sustained.

As a result of her injuries Mrs W is now in a care home and is unlikely to be able to return to her own home. The care home fees are substantial.

We submitted a claim for the injuries Mrs W suffered and the subsequent care home fees which we said were as a direct consequence of the hospital’s negligence. The hospital admitted liability and agreed to settle Mrs W case for £195,000.