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Hudgell Solicitors™ | Case Stories | Resident with dementia, 92, wandered from care home unnoticed by staff and suffered fractures in fall

Resident with dementia, 92, wandered from care home unnoticed by staff and suffered fractures in fall

care home - loved one


Breach of duty of care admitted by a care home after an elderly resident with dementia left the premises unnoticed, suffering a broken arm and hip after falling in a busy road. 92-year-old claimant had to have plates put in her arm and undergo a half hip replacement, never regaining mobility after surgery.

The Legal Process

Negligence was alleged by solicitor Sarah Scully as the home had clearly failed in its duty of care to ensure there was adequate supervision of Mrs Hudson. It was also alleged that the home had been in breach of its duty of care by failing to ensure there were adequate safety measures in place to prevent residents from absconding from the home without staff being notified. Following a Letter of Claim being submitted, insurers on behalf of the care home made a damages offer which was negotiated and agreed without the need for a court hearing.

Settlement

Five-figure damages settlement agreed after swift negotiation

Hudgell Solicitors’ comment

‘A very sad case in which the failure to provide the most basic standards of care led to this elderly resident suffering serious, avoidable injuries. Her quality of life diminished considerably after this incident.” – Solicitor Sarah Scully

Testimonial

Hudgell Solicitors have been fantastic in representing us and hopefully lessons will be learned and others will not suffer in the same way.’ – Jenny Taylor, niece of claimant.

The Author

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Sarah Scully

Solicitor, Clinical Negligence

sls@hudgellsolicitors.co.uk

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