The toilet was not safe for use by patients and should have been locked and inaccessible. Following his fall, there was a delay in recognising his injuries and even once diagnosed, treatment with a cervical collar left him with severe pressure sores under his chin that developed into an abscess and was incredibly painful for him.
He struggled to eat and drink and the wound continued to deteriorate. Ultimately, he needed surgery to stabilise the fracture after which, eventually, his wounds and fracture began to heal.
Following his fall, the patient had to be discharged into a care home whereas he had previously lived independently. Sadly, his fall and resultant treatment also led to postponement and then cancellation of a planned cardiac procedure and he died from heart failure, which would have otherwise been treated.
Julia pursued a claim initially for the patient himself but, following his death, the case was pursued on behalf of the deceased's estate. A letter of claim was sent to the defendant trust and a limited admission of liability was made in response. A mediation followed at which a settlement was agreed in the sum of £85,000.
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