Medical Negligence of Elderly in Hospital

Negligence case study

Mrs M was 74 years old at date of her death. She had a number of medical problems and was admitted to Heartlands Hospital in June 2004 following a fall. She was found to have a fracture of the hip, which was surgically repaired on 22 June 2004. She appeared to recover well from surgery.

Unfortunately, whilst an inpatient at Heartlands Hospital, Mrs M suffered two further falls.  The first was during the night of 28/29 June 2004 when the cot sides on her bed broke. She was found on the floor lying on the cot sides, and was nursed on the floor until morning. Following an x-ray, it was discovered that her hip had re-broken.

She was then transferred to a second ward, that same evening. Unfortunately, the fall from the previous evening was not mentioned and Mrs M was put in a bed without cot sides, and again fell out of the bed.

Unfortunately Mrs M deteriorated and sadly died on 30 July 2004.

Following the falls, the hospital carried out an internal inquiry. The health and safety team reviewed 30 of the similar beds across the Trust and found that 29 of them had at least one loose nut on the cot side.  The Health and Safety Executive (HSE) were also called in to carry out their own inquiry. They made a series of recommendations regarding the routine maintenance plans within the Trust and brought a criminal prosecution, which led to a fine of £25,000, plus costs of just under £30,000.

An inquest was held at Birmingham Coroner’s Court where the coroner found that neglect by Heartlands Hospital was a contributing factor but not the main factor in M’s death.

Mrs M’s husband brought a claim for medical negligence and the trust settled the case shortly after the inquest for £25,000 in compensation.

If you know someone who has suffered as a result of negligence, we can help. Fill in our online claims form for free advice.