Claiming compensation for a fall from bed in hospital
If you would like to claim compensation for a fall from bed in hospital and are looking for experienced solicitors who are able to work on a No Win, No Fee basis then give our free legal helpline a call on 0800 975 8091 or email us at [email protected]
We have recently negotiated the settlement of a compensation claim for a woman who suffered a broken arm after a fall from bed in hospital due to bed rails not being in place. Sophie Townsend gives the details.
Our client had been admitted to Pinderfield Hospital in Wakefield, Yorkshire, having suffered a stroke. She had a weakness on her left side. A falls risk assessment was completed, but while she was assessed to be at risk of suffering a fall, bed rails were not put in place. Bed rails are a common device for preventing patients suffering a fall from bed in hospital.
Unfortunately the woman did subsequently fall out of bed and an X-Ray confirmed that she had broken her arm. It was a complicated fracture and she had to have an operation.
A Serious Incident Investigation Report was completed by the hospital trust to find out why bed rails had not been used given that her risk of a fall was evident.
We agreed to help the woman claim compensation, working on a No Win, No Fee basis.
We asked a care expert to consider whether bed rails should have been used. The expert agreed with us that bed rails should have been in place, and that the patient would not have suffered the fall if they had been.
We sent a detailed Letter of Claim to the Mid Yorkshire Hospitals Trust, alleging that the failure to put the bed rails in place at the time of the patient’s admission to Pinderfields Hospital resulted in her suffering the fall.
The Trust denied they were at fault. They said that stroke documentation completed at the time of admission did not deem her to be at risk of falls, therefore bed rails were not required.
However, the Trust clearly recognised that they were open to criticism and despite their formsal denial of legal responsibility, a swift out of court settlement was reached for a five figure sum of compensation.
If you are looking for solicitors with experience of claiming compensation for a fall from bed in hospital then contact us for a FREE case assessment on 0800 975 8091 or by emailing us.