Accelerated senile dementia from subdural haematoma caused by fall whilst in hospital Claim pursued by son on behalf of mother

£100,000

The Facts

Our client was an elderly lady who had some signs of early stage senile dementia. She was admitted to hospital with angina.

Whilst in hospital, she knocked over a jug of water, slipped on the spilt water and banged her head. She developed a subdural haematoma as a result.

We obtained expert neurological evidence which showed that the head injury accelerated the onset of her senile dementia and consequent complete dependency on her family and her carers by between 2 and 7 years.

The neurological evidence also showed that she was a ‘patient’ for legal purposes, i.e. she lacked capacity to make decisions about her own claim. She was registered with the Court of Protection, a part of the High Court that oversees claims involving those who lack such capacity. The claim was pursued on her behalf by her son, acting in the role of her litigation friend.

Allegations

• Inadequate communication within the hospital in relation to the client’s confusion and night-wanderings meant she did not get the specialist nursing care she needed.
• There was also a failure by the hospital to adequately assess her nursing needs and implement a suitable plan of nursing care.
• The above omissions caused her to fall and injure her head, with the resultant damage and loss.

Result

Terms of settlement were agreed with the defendant hospital trust with our client receiving £100,000 in compensation, which was needed to pay for care and other needs.