Clinical Negligence Compensation – Case Study
What Happened
Our client, an elderly woman with a history of mixed dementia, suffered serious injuries after falling from a first-floor window in a care home due to inadequate window restrictors and a failure in supervision.
After living independently became unsafe, it was decided that she would move into a residential care home. She became a resident at the Defendant Care Home on 5th August 2019.
On 16th August 2019, while in the first-floor lounge, the Claimant became anxious and attempted to escape. She was able to open a window, climb out, and fall to the ground below.
The Claimant was taken to Royal Stoke University Hospital, where she was diagnosed with a displaced fracture of the right proximal femur, a head laceration, and soft tissue injuries. She required hip surgery and remained in hospital for ten weeks before being discharged.
How Waldrons Solicitors Secured Compensation
Francesca Hodgetts, a specialist Clinical Negligence Solicitor, was instructed to investigate the circumstances of the fall and commence legal proceedings.
A Letter of Claim was sent to the care home, alleging the following key failings:
- Inadequate window restrictors – The care home failed to install sufficient safety mechanisms to prevent residents from opening windows fully, breaching the Health and Safety Executive (HSE) guidance for falls from windows in health and social care settings.
- Failure to ensure window fittings were robust – The restrictors were not secured with tamper-proof fittings, allowing them to be disengaged with readily available tools.
- Lack of proper risk assessments and Care Plans – Given the Claimant’s known dementia, the care home should have conducted a risk assessment and put appropriate safety measures in place.
- Failure to provide reasonable supervision – The Claimant was left unsupervised long enough to disengage the restrictor, open the window, climb onto the ledge, and fall.
The Defendant denied liability, claiming:
- The windows had been installed with guidance from a Health and Safety Expert.
- The windows were in perfect working order and no defects were present.
- There were comprehensive and robust systems in place.
Overcoming the Denial of Liability
Due to the Defendant’s denial of liability, Waldrons pursued expert medical evidence to support the claim. A Consultant Orthopaedic Surgeon was instructed to assess the injuries and their long-term impact.
The expert concluded that:
- The Claimant’s hip fracture caused significant pain and would likely affect her mobility for up to two years.
- There were significant care requirements for the Claimant during the first two months following the incident.
- A Barrister was also instructed to strengthen the case and Court Proceedings were initiated before the Defendant was due to file their Defence, negotiations led to a successful settlement, ensuring the Claimant received fair compensation.
Client Feedback
The Claimant’s Litigation Friend expressed their appreciation for the support provided throughout the case, stating:
“I have found Fran to be very professional, very patient and personable. Very capable and efficient.”
Holding Care Homes Accountable for Negligence
Care home residents should be able to live in a safe and properly supervised environment. When negligence leads to preventable harm, those responsible must be held accountable.
If you or a loved one has suffered harm due to care home negligence, Waldrons Solicitors can help. Our expert Clinical Negligence team offers a free, no-obligation consultation to assess your case and provide guidance on the best course of action.
Contact Waldrons Solicitors
Visit our webpage or call us to speak with one of our specialist Clinical Negligence solicitors.
About Francesca Hodgetts
Click here to learn more about Francesca Hodgetts, a dedicated Clinical Negligence Solicitor at Waldrons Solicitors, specialising in securing justice for clients affected by medical and care home negligence.
