Claim for Damages Following a Fall in a Care Home

A Fictional Case Study*

*This case study is used for illustrative purposes only

Background

An 85-year-old resident care home female resident suffered from advanced dementia and had been living at the facility for over two years. Due to her declining physical and cognitive condition, she was considered a high risk for falls. As part of the care plan specified for her, it was noted that she needed close supervision and appropriate fall prevention measures, such as bedrails, crash mats, and alarm sensors to alert staff if she attempted to leave her bed unaided.

However, one night in March 2023, the resident fell from her bed during the night, resulting in a severe hip fracture. At the time of the incident, there were no crash mats in place, nor were there any bed alarms or sensors to notify staff of her movements. The fall went unnoticed until a care worker discovered the resident the following morning. The injured resident was taken to the hospital for surgery, but complications arose due to her age and frailty, significantly impacting her quality of life.

The resident’s daughter believed the fall would have been entirely preventable had the care home followed proper safety protocols. After seeking legal advice the daughter decided to assist her mother to pursue a claim for damages against the care home for negligence, citing the failure to provide adequate fall prevention measures and a lack of supervision.

Key Details of the Care Home Fall Claim

1. Breach of Duty of Care

The claim was based on the fact that the Care Home had a duty of care to ensure the Resident’s safety and well-being, particularly given her high risk of falls due to her dementia. The care plan clearly identified the need for preventative measures, yet the care home failed to implement them. This breach of duty was the cornerstone of her claim.

Specifically, the allegations included:

• Failure to Provide Supervision: The Resident had been left unsupervised for long periods, even though her condition required regular checks and monitoring during the night.
• Lack of Preventative Equipment: The care home did not use crash mats or motion sensors, which were essential safety measures given her risk of falling. These tools would have likely prevented the injury or alerted staff to her movements, allowing them to intervene prior to falling.
• Inadequate Risk Management: Despite being aware of the resident’s vulnerability, the care home failed to adjust her care plan to reflect her increased need for supervision and protection.

2. Medical and Emotional Impact

The hip fracture sustained as a result of the fall required surgery, which led to a prolonged hospital stay and complications including a chest infection and decreased mobility. Before the fall, the resident had limited mobility but could walk short distances with assistance. After the surgery, her physical condition deteriorated significantly, and she became bedridden, and her cognitive abilities declined rapidly, and she became increasingly confused and agitated, further reducing her quality of life.

The resident’s daughter had the emotional toll of watching her mother suffer was immense. She was deeply affected by the knowledge that the incident could have been prevented, and her mother’s final months of life were spent in pain and confusion due to the fall.

3. Basis for Compensation

Compensation was sought for both special damages and general damages:

• Special Damages included the cost of medical treatment, hospital stays, and any additional care required after the fall, as well as the cost of modifying the resident’s care environment post-injury.
• General Damages were sought for pain, suffering, and the loss of amenity caused by the injury. The resident’s ability to engage in even basic activities had been taken away, and the decline in her mental and physical state after the fall was dramatic.

Legal Outcome: Compensation for Care Home Falls

In a case such as this the likelihood is that it would be settled in the Resident’s favour, subject to proving negligence and causation and loss. The care home should admit liability for the fall and acknowledge that they had failed to provide the appropriate level of care and had not implemented necessary fall prevention measures.

Compensation included damages for the pain and suffering endured by the resident and the financial costs associated with her care and medical treatment following the fall. The care home also agreed to review and improve its fall prevention protocols, including the installation of crash mats, bed alarms, and increased supervision for high-risk residents.

Conclusion

As an example, this hypothetical case underscores the importance of care homes adhering to their duty of care, especially for vulnerable residents like those with dementia who are at high risk of falls. In this theoretical instance, simple and affordable measures like a crash mat and warning sensors could have prevented her injury.

A settlement provides some closure for a family and Claimant, but it also highlights the need for care facilities to take more proactive steps to ensure resident safety. Families placing loved ones in care homes must be vigilant in ensuring that adequate risk assessments and fall prevention strategies are in place to avoid the many variations of tragic incidents explored here.

If you or a loved one has been affected by the topics discussed in this hypothetical case study, then please get in touch with our team of Medical Negligence Solicitors who specialise in Nursing and Care Home Claims.