Stephanie Prior
Email Stephanie
Background
The Claimant, (A), was admitted to Lewisham Hospital on 13 June 2006 following a fall in the street. A was 77 years of age at the time.
As a result of the fall, A had fractured the neck of her left femur. On 17 June 2006 A underwent a left hemiarthroplasty at Lewisham Hospital to repair the damage.
Following the procedure, A was encouraged to mobilise by physiotherapists however found it difficult to do so due to pain in her left hip and knee. As a result A’s progress was slow but she was making steady progress. It was noted repeatedly that A was having difficulties with her balance and that in particular she had a tendency to lean backwards. Physiotherapists also noted on a number of occasions that A should be mobilised with the use of a frame and with two people assisting her at all times as she was very unstable. A also required two people to assist her with transfers as she was at risk of falling.
On 26 July 2006, A was walking back from the bathroom with the assistance of a single nurse (contrary to instructions that A should be assisted by two people) when she fell onto her right side. Fortunately, on this occasion A was not injured.
However, on 30 July 2006, A rang the bell for assistance as she wanted to use the bathroom. When the nurse arrived to assist A, again she came alone and supported A on one side only during the walk to the bathroom. The nurse then left A at the bathroom door where she managed to take the few remaining steps to the toilet unaided.
When A was ready she rang the bell again. A single nurse arrived and assisted A back to her bed, supporting her on her right hand side. The nurse then left A standing unsupported in front of her chair whereupon A immediately fell to her right hand side. As she did so, the nurse grabbed A’s right arm to try and stop her from falling and hitting her head on the sink. As the nurse grabbed her, A twisted around and fell onto her left side.
As a result of the fall A had fractured her left hip and on 3 August 2006 had to undergo a total hip replacement. The incident set her back considerably; A lost confidence in herself as well as losing confidence in the nursing staff. She became frightened to mobilise with their assistance yet was unable to mobilise without significant support; as a result A’s progress was effectively halted.
On 23 August 2006 A had two further falls. On both occasions A was left unattended whilst mobilising. On the first occasion A fell backwards whilst using a Zimmer frame and on the second occasion it was noted that A’s leg had given way. As a result A sustained a minor head injury and again suffered a significant loss of confidence.
A was in Lewisham Hospital from 13 June 2006 to 4 September 2006 when she was transferred to Morton House. A was discharged home from Morton House on 03 October 2006 having spent a total of sixteen weeks in hospital.
A’s mobility remained severely restricted following the incidents at Lewisham Hospital. Upon her discharge home, A was only able to mobilise using her frame and with the assistance of another person. She was unable to ascend or descend the stairs in her house and as a result became confined to the front room of her home. A was also unable to access her bathroom and so a commode had to be placed in her front room. A was unable to do anything for herself and became heavily reliant upon her children and carers who assisted her with her general personal hygiene such as washing, dressing and undressing, as well as preparing all of her meals for her and taking care of all of the household chores. A became very frustrated and depressed by her condition. She had lost all of independence as a result of her injury, prior to which she had lived an active, independent lifestyle.
Procedure
A instructed Anthony Gold Solicitors to investigate her claim against Lewisham Hospital NHS Trust.
Expert evidence was obtained from Mr Martin Bircher, Consultant Orthopaedic Surgeon. Mr Bircher was of the opinion that A would have been discharged home from hospital after two to three weeks of having the hemiarthroplasty on 17 June 2006 had the procedure not been complicated by the fracture A sustained on 30th July 2009. He considered that as a result of the further fracture and subsequent complications, A lost her independence and became confined to a wheelchair.
A also relied upon the evidence of care expert Irene Waters. Mrs Waters was highly critical of the care afforded to A whilst she was at Lewisham Hospital. She stated that the Defendant had failed to have regard to A’s medical history or indeed her history of falls and had failed to devise/implement a detailed care plan taking these factors into account. She stated the Defendants had failed to ensure A’s safety and indeed failed to heed their own recommendations as to how A was to be mobilised/transferred safely.
A Letter of Claim was sent to Lewisham Hospital NHS Trust in accordance with the Pre-action Protocol for the Resolution of Clinical Disputes. In their Letter of Response, the Defendants made a partial admission of liability in that they accepted that there was a failure to adequately risk assess the transfer and mobilising procedures, exposing A to the risk of harm and injury. However, they denied that they failed to provide A with adequate assistance when mobilising or that they failed to provide appropriate training and supervision.
Accordingly proceedings were issued on 16 July 2009. Particulars of Claim were served on 13 November 2009 and a short extension of time for filing and service of the Defence was granted until 8 January 2010. A further extension of time for filing and service of the Defence was then granted until 9 March 2010 and then 23 April 2010, on the basis that the Defendants indicated that they were planning to make an offer to settle A’s claim.
Quantum
As a result of the failure by the Defendants to provide A with adequate assistance when mobilising, she had a number of falls whilst under their care, the most serious of which resulted in a fracture to her left hip necessitating a total hip replacement. This significantly elongated A’s hospital stay. Furthermore A’s mobility remained severely restricted following the incidents in question and as a result A became dependant upon her children and carers for assistance with every aspect of daily living.
General damages were thought to be in the region of £25,000 based upon guidelines for the fracture of a hip necessitating total hip replacement. Special damages included sums for past losses, past and future care, occupational therapy, aids and equipment, physiotherapy and adaptations to A’s home.
On 23 February 2010, the Defendant put forward an offer of £50,000 in full and final settlement of A’s claim.
In a letter dated 4 March 2010, A rejected this offer and put forward a counter offer of £125,000.
Negotiations followed and A accepted the Defendant’s global offer of £100,000 in full and final settlement of her claim.
Solicitor for the Claimant: Stephanie Prior - Partner, Anthony Gold Solicitors
Counsel for the Claimant: Harriet Jerram, Outer Temple Chambers
Solicitor for the Defendants: Carol Harper, Barlow Lyde & Gilbert
For further information email Stephanie Prior or call 020 7940 4000.
