Settlement following failures to escalate deterioration and inadequate record keeping

Background

We acted for the estate of a vulnerable resident who was admitted to the Defendant care home for a period of respite care following discharge from hospital. She required close monitoring and appropriate medical oversight in light of her presentation and recent admission.

During her time at the care home, repeated requests from the Claimant’s family for medical intervention were made daily. However, GP records later confirmed that no such requests had in fact been received from the care home.

There were no proper clinical observations recorded between the five days where the resident’s family were persistently phoning the hospital, up to the date of her passing. The absence of documented monitoring during this critical period represented a serious gap in care.

On the day of her death, paramedics were informed that she had been unconscious for a considerable amount of time. However, emergency services were not contacted immediately. The matter was first reported internally to a nurse, and 999 was not called for a further 30 minutes. Paramedics were told she had suffered from a chest infection for two days and had been referred to a GP. We understand this was not the case. Given her deteriorating presentation, urgent medical review and consideration of antibiotics would have been warranted.

Due to the inconsistencies in reporting and the lack of proper records, paramedics raised a safeguarding referral.

Representation

Irvings were instructed by the president’s Personal Representative to investigate concerns regarding the care provided during her final days.

The claim alleged that the Defendant failed to appropriately monitor her condition, failed to escalate clear signs of deterioration, failed to seek timely medical intervention, and failed to maintain adequate and accurate records. It was contended that these failures amounted to breaches of duty and deprived her of the opportunity for earlier treatment.

Resolution

Following investigations, the matter was resolved with a settlement of £5,000.

While no financial settlement can undo the distress caused to the family or reverse the loss they have suffered, it represents an acknowledgment of the shortcomings in care.

This case highlights the importance of accurate record keeping, timely escalation of deterioration, and prompt medical intervention within care settings, particularly where residents are vulnerable and reliant upon staff to recognise and respond to signs of serious illness.

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Irvings Law are specialists in handling claims involving care home neglect and injury and are committed to fighting neglect in care homes and securing financial compensation for victims of care home neglect.

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