The Duty of Candour Regulations, implemented by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, came into force in November 2014 for NHS Bodies and in April 2015 for all other organisations
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We have successfully concluded a medical negligence claim for one of our clients
In an accident involving a serious injury, it is essential to secure an early admission of liability in order to obtain the crucial treatment needed to aid a client’s recovery
We are delighted to welcome Yasmin Perry to our Medical Negligence Team
Being owed money can be a tedious and stressful problem. It can affect everyone, from large companies to sole individuals, with issues ranging from unpaid bills to unpaid wages
How can I get my money back is a question that our clients frequently ask, as they are worried recouping money that they are owed from a third party (the Defendant)
When you bring a claim for damages following a serious injury, as the Claimant, you must prove that you have suffered an injury which has been caused by the accident.
The claim is in relation to the treatment the Claimant’s father, now deceased, received whilst he was under the care of the Royal Liverpool University Hospital (RLUH) in the period before his death. The claim was brought by the son.
The Claimant’s father was admitted to RLUH in June 2018 and upon admission, a Falls Risk Assessment was carried out, which noted a number of risks. On 24th June 2018, he was transferred from the Acute Medical Admissions Unit to Ward 8A. His Falls Risk Assessment was not updated on transfer and he was therefore placed in the bed furthest away from the nurse’s station.
The Claimant’s father was assessed by a Urologist, who suggested that he needed a CT scan of the ureter, kidney and bladder. The CT scan showed a (likely) malignant mass in the left bladder wall. During his admission, he was also treated for hospital acquired pneumonia.
On 3rd July 2018, the Claimant’s father suffered a fall and was found on the floor by his bed.
On 9th July 2018, he suffered a second fall at around 10.30pm, when he was found on the floor at the end of the bed. Following a hip x-ray, he was diagnosed with a fracture in the neck of his right femur. A stabiliser was fitted as he was not considered well enough for surgery.
On 12th July 2018, the Claimant’s father was visited by a Healthcare Assistant. The Healthcare Assistant proceeded to remove the stabiliser from his leg and attempted to reposition him and roll him onto his side. Upon attending upon his father, the Claimant informed the Healthcare Assistant of his father’s broken hip to which the Healthcare Assistant advised that she did not know.
Palliative care was commenced on 13th July 2018, following which the Claimant’s father subsequently passed away later that day.
Proceedings were issued in February 2022 on a protective basis against Liverpool University Hospitals NHS Foundation Trust.
Negotiations between the parties resulted in a settlement of the claim in August 2022, prior to the service of proceedings.
October 20 /
Litigation
Medical Negligence Claims Arising Out Of Poor Medical Treatment At Care Homes
We would all like to think that all care homes treat their residents with dignity and look after their medical needs with the expertise they deserve, as they owe a duty of care to their residents to do so.
Largely that is true, but what should you do if you or a loved one suffers poor treatment in a care home? You can complain to the care home owners or management, or the Local Council or Local Government and Social Care Ombudsman if the care home is run by the local authority. Sometimes the Care Quality Commission may also get involved. However beyond this and if you feel you or your loved one should be compensated for the poor treatment, then recourse to a legal claim may be your only option.
At Maxwell Hodge, we have dealt with many cases via our Medical Negligence team where that duty of care has been breached. Some examples include residents who have fallen whilst in a care home, and suffered injuries due to not being properly monitored, or others whose health has deteriorated due to poor feeding and dehydration. In some instances, the care home staff have failed to call in a GP or other medical practitioner, due to a failure to recognise the resident needs medical assistance or treatment.
If a care home resident does not have the mental capacity to bring the claim themselves, then another person can bring a legal claim on their behalf as long as they have the relevant legal authority.
Sadly, the person who has been injured may have passed away following that injury or due to deteriorating health, and in such cases the legal claim can be brought by the Personal Representative of the deceased’s person’s estate for the benefit of their estate.
If you would like to discuss any of the above issues further, then please call our
New Enquiry Team to speak with either Joanne Bigley on 0151 548 7370,
or Julie Sowery on 0151 625 9154.
As a personal injury lawyer, one of my concerns is to consider whether a claim is brought in time
