‘Violet’, 80

Bryony Doyle, a specialist medical negligence solicitor at JMW, represented ‘Violet’ who was receiving rehabilitation in hospital for a broken leg when she suffered a further fall due to poor nursing care. The fall caused the break in Violet’s leg to significantly worsen and she required surgery to nail it together. Violet also suffered a significant and permanent loss of mobility. Although nothing could make up for this, Bryony Doyle, one of our clinical negligence solicitors, obtained Violet £70,000 in compensation to help her to cope with her injury.

Fractured leg

Violet’s ordeal began when she suffered a fall at home and was taken to her local hospital by ambulance. She had pain in her left hip and both knees and was unable to bear any weight on her legs. X-Rays were carried out on her left hip and knee but as no fractures were identified and Violet could mobilise with a walking frame she was discharged home.

However the following day Violet found that her left hip continued to be painful and she was struggling to move around so she went back to the hospital emergency department. Violet was examined and admitted to hospital for rehabilitation.

While in hospital Violet’s pain did not settle and she was struggling to walk so after a few days an MRI scan was done which revealed her left femur was fractured. This could be treated with a knee brace which she needed to wear at all times when weight bearing.

Poor nursing care causes worsening of injury

Violet was transferred to a specialist rehabilitation facility to continue her recovery but with instructions that she must wear her knee brace at all times when mobilising. However when Violet requested a shower a healthcare assistant took her to the shower using a Zimmer frame but without attaching the knee brace. This was despite the healthcare assistant having been advised that this needed to be in place before Violet attempted to mobilise.

Consequently, Violet suffered a fall worsening her existing fracture. Surgery was then required to nail the fracture and Violet required a prolonged period of recovery in hospital. After recuperation, Violet’s mobility and level of independence had deteriorated and she required significant care and assistance with tasks around the house, which she could do independently before the fall in hospital.

Successful medical negligence case

JMW’s Bryony Doyle claimed that the trust had failed to appropriately supervise Violet when mobilising, consequently resulting in the fall and the displaced fracture. The trust did not admit responsibility for Violet’s significant reduction in mobility and independence, however, after negotiations by Bryony, they agreed to settle the case for £70,000. This included compensation for future care needs.