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AB as L/F of CD v Liverpool University Hospitals NHS Foundation Trust

GAD Legal Solicitors recover damages for injuries arising as a result of a hospitals failure to prevent a fall and subsequent death of the Claimant child’s mother

Facts of the case

The Claimant’s mother XYZ suffered poor health and was admitted to hospital for treatment. She fell the night following admission suffering a fractured arm and head injury which proved to be fatal.

A claim was brought on behalf of XYZ’s child CD. Expert evidence was obtained from a multitude of expert dioscliplines including nursing and neurosuregy.

Following our investigations a letter of claim sent to the Defendant which included a claim for dependency on behalf of the child Claimant.

The allegations of negligence included:

failures in respect of the nursing team to recognise and act upon XYZ’s risk of falling on 7/5/13; within the A&E unit; on admission to the MAU and again at the time of the fall event that preceded the index fall event;
failure to take action to reduce this risk until after she had fallen given her clear vulnerability and risk of falling – she was known to be very unsteady on her feet and had been given sleeping medication;
failure to undertake/review a falls risk assessment and re-evaluate following the administration of sleeping medication;
failure to take steps and/or carry out the procedures necessary to ensure the safety of XYZ on the ward;
there was no consideration in regard to placing XYZ close to the nurses station where she could have been closely observed by the attending nursing staff and no indication that cohort nursing was considered;
failure to place XYZ in an area with other patients who were at a similar risk of falling and allocating a nurse or nursing assistant who should have been within this bay at all times;
failure to increase staff numbers to allow safe and appropriate monitoring of XYZ on the ward;
failure to take steps to reduce risk such as the positioning of a sensor alarm/motion pad;
there was a window of opportunity to prevent the index fall occurring. There was a failure to take any reasonable actions even in light of identifying XYZ being at risk of falling prior to the index fall event occurring;
there was a further window of opportunity, which was missed, to prevent the index fall occurring immediately at the point XYZ was found on the floor, post fall on her bottom, prior to the index fall event occurring.
there is a breach of duty in that the nursing team failed to record the neurological observations post the index fall event in line with NICE guidance as outlined in CG 56. The breach relates to not only the frequency of observations but also to the type of observations undertaken;
failure to undertake blood pressure, temperature, pulse etc. observations at the material time;
there was a material change in XYZ’s presentation at 05:50, 6:00, 8:40, 11:40 and 11:50 on the day of the fall. Such changes in presentation should have prompted a reasonable and responsible body of nurses to be mindful of the possibility of an acute head injury and sought urgent medical review. NICE guidance as outlined in CG 56 states that in such a set of circumstances the nursing team should arrange a “prompt urgent reappraisal by the supervising doctor.” No reasonable and responsible body of nurses would fail to act as so outlined;
there was no evidence to suggest XYZ was reviewed by a doctor considering her deteriorating neurological position apart from what appear to be orthopaedic reviews at 6:00, 6:30 and 9:50 on the day of the fall;
it appears clinical staff became distracted with XYD’s right arm injury and seem to have been reassured by the GCS values of 15/15 as a stand-alone set of values, excluding the a fractured arm, and head wider presentation of XYZ post the index fall event, until her condition further deteriorated at 13:10 on the day of the fall.

Following their investigation the defendant admitted liability in that they accepted the fall should have been prevented and our client’s mother would not have suffered the fatal head injury.

Thereafter a detailed Schedule of Loss was prepared setting out the financial losses suffered by our client which principally related to a loss of care which her mother would have provided to her up until the age of 18.

Following receipt of the Schedule of Loss, the Defendant made a substantial offer of damages which was accepted by our client following Barrister’s Advice and approved by the Court.

Gregory Abrams Davidson Solicitors specialise in obtaining compensation for clients who have sustained injuries as a result of Medical Negligence. We deal with claims for compensation against hospitals (both NHS and Private), dentists, general practitioners, pharmacists and opticians. We have offices in Liverpool City Centre, Allerton and Golders Green, London.We offer a free initial case assessment and No Win No Fee Funding is available To enquire contact a member of our Medical Negligence new enquiries team on 0151 733 3353, email l[email protected]k or search GAD legal.

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AB as L/F of CD v Liverpool University Hospitals NHS Foundation Trust

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