Compensation of £36,000 for avoidable hospital fall causing femoral fracture
23 July 2024
The specialist clinical negligence team at Curtis Law Solicitors has recovered £36,000 in compensation for a client who experienced an avoidable fall in hospital and fractured his femur.
Mr N’s previous medical history included COPD and dementia. He lived at home with support from his family and a care package. He mobilised independently but was prone to falls. He developed a urinary tract infection which led to him being admitted via the Emergency Department at Hillingdon Hospital. He was diagnosed with mixed delirium against a background of dementia and global decline. He was admitted to a ward where care plans and falls risks assessments concluded that he as a very high falls risk. Over the following days Mr N’s condition worsened in that he became more confused, more unsteady on his feet when mobilising, and he began to wander. Early one morning, Mr N had an unwitnessed fall in the toilet causing a comminuted intertrochanteric fracture of the right femur. Mr N required surgery to repair the fracture. This was followed by a period of inpatient treatment and rehabilitation.
Mr N was examined by an independent expert who reported on his condition and prognosis. The expert concluded that the fracture took approximately 12 months to heal. Mr N’s mobility continued to be restricted, not due to the fracture, but due to the progression of his severe dementia. Absent the underlying dementia, Mr N would have recovered within one year with no long-term disability and no requirement for further intervention. The fracture and subsequent surgery under general anaesthetic accelerated the progression of Mr N’s delirium and dementia by one year.
Sadly, Mr N developed pneumonia and died. It was asserted that the negligence materially contributed to the mobility issues that experienced in the period leading up to his death, and that this increased his susceptibility to developing multiple, recurrent infections requiring antibiotic treatment. It was asserted that these infections reduced his physiological reserves, which materially contributed to his death.
Admissions of liability were secured which enabled negotiations to take place and a settlement of £36,000 was secured for Mr N’s family.
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