Compensation for burns sustained in care home

Clinical Negligence case report: £14,000 for burns sustained in care home

Total damages: £14,000 Settlement
Date: 01/12/2006
Out of court settlement
Age at injury: 58
Sex: Male

Our clients received £14,000 under the provisions of the Law reform (Miscellaneous Provisions) Act 1934 for damages on behalf of their deceased father's estate.

Original Claimant (A): Male: 58 years old at date of injury; 62 years old at the date of his death.

The claimants (B and C) were the administrators of the estate of C. C died of an unrelated medical problem in April 2006.

Background
In 1995, our client's father suffered a subarachnoid hemorrhage which left him with a serious brain injury. He was unable to walk, talk and had no short term memory.

Due to the nature of the brain injury he could be abusive and aggressive. He was initially admitted to the defendants care home and, after receiving occupational therapy his condition improved sufficiently to enable him to walk, talk and feed himself.

However over the subsequent years, whilst being cared for in various other care homes, the deceased's condition gradually deteriorated.

It was agreed that he required specialist drug therapy and 24 hour one to one care. The deceased was reassessed and the defendants care home agreed to accept him back to provide the one to one care he needed.

The deceased was transferred back to the defendants on 6 January 2003. On his admission his drug therapy was changed to ease his agitation. Resperidone was prescribed to be given as 4mg twice a day and 2mg as necessary, for episodes of extreme agitation.

On the evening of 6 January 2003 A received 2mg of Resperidone at 18.00hrs, 2mg at 21.00hrs and a further 4mg at 22.00hrs. The deceased was nursed alone in a single room and the decision was made to monitor him during the night from outside the door.

On the morning of 7 January 2003, A was found on the floor with his back up against an unguarded radiator. At that time the deceased had no left hand side recognition of his body and his mobility was such that he would not be able to move himself off the floor.

It was identified that he had an injury and he was transported by car to hospital. He was subsequently found to have suffered full or mainly full and partial thickness burns to a large area of his back, left arm, shoulders, neck and scalp.

He required hospital treatment as an inpatient for approximately seven weeks, during which time he underwent skin grafting. The healing process was complicated by MRSA infection.

The deceased was left with considerable scarring to his back, shoulders, left arm, right leg, left leg, head and neck. There was a loss of neurological sensation in the skin to his back, shoulders, head and neck.

He also suffered from an increase in his distress and disorientation due to the effects of his injury and change of environment together with his existing mental condition.

We were initially instructed to act on behalf of the deceased through his daughter, acting as his litigation friend. Unfortunately he died, before a settlement could be reached, from an unrelated medical condition.

The claim was continued by his son and daughter, as the administrators of his estate. The claim was funded by way of a Conditional Fee Agreement ("No Win, No Fee").

We obtained a nursing expert report which supported our claim and a letter of claim was sent to the defendants explaining in detail the nature of the claim. The defendants initially denied any wrongdoing.

We made a Part 36 offer to settle the claim and after some negotiations the defendants agreed to settle the claim for £14,000. Although the claim was settled on a global basis, we estimate general damages as being £12,000 and £2,000 in special damages.

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