Total Damages: £30,000
PSLA: 15,000
Trial/settlement date: 2/6/2011
Type of Award: Out of Court Settlement
Court: Out of Court Settlement
Age at trial: 87
Age at injury: 84
Sex: Female
The claimant, an 87-year-old woman, received ?30,000 for the tibia and femur fractures sustained when she allegedly fell from her hospital bed in January 2008. She suffered from knee pain and limited mobility.
Claimant: Female: 84 years old at date of accident; 87 years old at date of settlement.
Clinical Negligence: In January 2008 the claimant (C) was transferred to a hospital of the defendant trust (D) to recuperate after her knee joint was removed as the first stage of a knee-replacement procedure. It was intended that within six weeks a knee joint would be inserted. C was to be non-weight bearing on her right leg but she could be transferred from her bed to a chair with the assistance of two members of staff. On January 31, 2008, C wanted to use the commode and only one nurse came to assist her. C alleged that the nurse failed to assist her in moving from the bed and that she fell. Six days later C was diagnosed as having sustained a displaced fracture of her femur and an undisplaced fracture of her tibia. In February 2008 she underwent the second stage of the knee-replacement procedure and also plating of her right femur.
In May 2008 she was discharged from hospital. C sustained injury and brought an action against D alleging that it was negligent in (i) failing to adhere to the surgeon's instruction that she was to be non-weight bearing at all times; (ii) failing to comply with the nursing plan which required nursing assistance to be provided whenever she was seeking to be transferred; (iii) downgrading her need for assistance during her stay in hospital; (iv) allowing her to attempt to transfer from her bed to the commode without assistance; (v) failing to diagnose her fractures to her right leg for six days.
Liability disputed. D disputed the circumstances of the incident and denied breach of duty and causation.
Injuries: C sustained a displaced fracture of her right femur and an undisplaced fracture of her tibia.
Effects: In February 2008, during the second stage of the knee replacement procedure, plating was fitted to C's femur.
At the date of settlement C continued to suffer pain in her right knee and had a decreased range of moment in her right leg. She required the use of two walking sticks and using them was only able to walk a maximum of 50yds. She relied upon the assistance of other people, including a cleaner and a gardener, and was unable to enjoy her leisure activities to the same extent as she had before the fall, including participating in ballroom dancing.
Prognosis: All symptoms were permanent and were not expected to improve.
Out of Court Settlement: ?30,000 total damages
Background to damages: Damages reflected the fact that in any event C would have suffered some loss of mobility and incurred some expenses as a result of the knee-replacement and pre-existing hip problems, although there was no agreed discount to reflect those factors.
Breakdown of General Damages: Pain, suffering and loss of amenity: ?15,000. Breakdown of Special Damages: Miscellaneous past and future costs comprising past treatment costs, past household assistance costs, future treatment costs, future household assistance costs and future home adaptation costs: ?15,000.
Henmans LLP for the claimant. Beachcroft LLP for the defendant.
LTLPI 16/11/2011
This Quantum Report was provided courtesy of Susan Booker of Henmans LLP (http://www.henmansllp.co.uk/), solicitor for the claimant.