David Gazzard has recently dealt with two very similar cases for clients who have suffered injury whilst receiving treatment in hospital. In the first case a 91 year old lady suffering from dementia was receiving treatment for a fractured hip, having fallen over in a supermarket.
The fracture was treated surgically and the operation had been a success. Some days later she was transferred to another local hospital to rehabilitate and whilst there became very disorientated and agitated. Whilst getting up from her chair unnoticed and unsupervised she suffered another fall and fractured her other hip. As a consequence she underwent further surgery to pin the hip. This operation proved to be straightforward and successful. About eight weeks later she was discharged and returned to her nursing home. Liability was not contested by the defendant hospital and the client was paid compensation of £9,600.00 for her pain and suffering.
In the second case an 84 year old man underwent some surgery at the defendant hospital and was catheterised. Whilst mobilising to the toilet late at night he slipped and fractured the neck of his femur. As a consequence he underwent surgery and was not discharged from hospital until a month later. Despite the surgery the client had to use two sticks when mobilising outside and a zimmer frame when indoors. His bed and toilet facilities had to be moved downstairs and he became heavily reliant upon his daughter for care. Breach of duty was admitted by the defendant hospital and after calculating the value of the client’s claim for past and future care as well as the cost of a wet room and mobility scooter etc. the claim for compensation was settled in the sum of £45,000.00.
