Substandard Nursing Care

13 Jul 2021 | Stephanie Prior
hospital monitor

Stephanie Prior acted on behalf of Mr G DA in connection with a claim relating to substandard nursing care by a care agency employed to provide him with daily nursing care.

The claim arose out of injuries sustained while DA was under the care of the Defendant Care Agency AC, a limited liability partnership that provided care services on the instructions of local authorities.  One of the local authorities which used the Defendant’s care service was the local authority where DA lived.

A care plan was put in place for DA to receive care from the care agency and they failed to provide the care stipulated in his Care Plans in so far as despite the instruction to visit DA three times per day between 25 March and 10 April 2015 and twice per day from 10 April 2015 onwards, the carers visited much less frequently.  In some instances, there were no visits at all for a stretch of several days.  In total, there were 45 days without any care calls. On various occasions, the carers obtained access because DA threw his keys out of the window.

On 11 June 2015, DA’s daughter DD telephoned DA and they had a short conversation.  DA’s speech was normal. The care agency failed to visit DA at all on any occasion between 12.05 pm on 10 June 2015 and 14 June 2015.

During the afternoon of 14 June 2015, DA telephoned his sister AR and said “Help Me”.  She went to his home with her daughter and they found him unshaven and covered in faeces.  An ambulance was called and transferred DA to Hospital and he was then admitted to the acute stroke unit. A CT scan revealed evidence of a left middle cerebral artery infarct with a hyperdense left middle cerebral artery consistent with an embolus.   The probable cause of the stroke was atrial fibrillation.

The care agency failed between 10 June 2015 and 14 June 2015 to take any or any sufficient steps to ensure that DA was taking his medication, despite this being one of the express purposes of the Care Plan.

If the carers had attended DA’s home between 12.05 pm on 10 June  and prior to DA’s stroke on 14 June , they would have :-

  • Either ensured that his medication was taken, thereby averting the stroke.
  • Or raised concerns about non-compliance with medication with their managers who in turn would have put in place effective action via carers and/or the Council and/or the DA’s family which would have ensured compliance.

DA’s stroke on the balance of probabilities occurred on 14 June 2015 when he made the call asking for help.  The stroke would have been avoided if he had taken his medication as prescribed.

Injuries and losses

The Claimant now has:

  • Severe right hemiplegia.
  • Visual field defect.
  • Severe dysphasia.
  • Epileptic seizures.
  • Incapacity to manage legal affairs.
  • Need for support and care at all times.
  • Presently in a care home where he will remain indefinitely.
  • Reduced life expectancy to age 75

Proceedings were issued in Court and expert evidence was obtained from a Professor of Neurology; Professor of Haematology and a Nursing Care expert. A trial on issues pertaining to liability was listed on in June 2020 initially but then was adjourned to 15 July 2021 due to the Covid pandemic.

A JSM was fixed for 26 May 2021. In advance of this DA obtained evidence from a care expert to provide costings on his care needs. The case settled following a JSM on 26 May 2021.

The settlement had to be approved by the court as DA was a protected party. The case settled for just under a seven figure sum despite DA’s short life expectancy. A professional deputy is instructed to manage the settlement monies and DA has now been moved to a care home of his choice where he is much happier and settled.

Share this article


Contact the Medical Negligence team today

For a free initial conversation call 020 7485 8811

Email us Send us an email and we’ll get back to you

    More Medical Negligence Case StudiesVIEW ALL

    1. 23.11.2023

      Maternity Negligence Claim against Bradford Teaching Hospitals

      Osbornes acted for a Claimant, C, in her birth negligence claim against Bradford Teaching Hospitals NHS Foundation Trust for maternity...

      Read more
    2. Cancer treatment in a modern medical private clinic

      Large Compensation for Delayed Laryngeal Cancer Diagnosis

      Actress receives financial award after life-changing missed cancer diagnosis. Jodi Newton acted for a client who was belatedly diagnosed with...

      Read more
    3. Fatal Medical Negligence Claim

      Delayed cervical cancer diagnosis claim

      Jodi Newton acted for a woman who died following a delayed cervical cancer diagnosis. The deceased could have been diagnosed...

      Read more
    4. hospital

      Fatal Claim: failure to diagnose appendicitis case settles...

      Stephanie Prior was instructed in a claim against Bedfordshire Hospitals NHS Trust, where our client’s mother (JC) tragically passed...

      Read more
    5. model of a spine

      Spinal Fracture Case Settles for 6-figure Sum

      Spinal Fractures following cessation of Denosumab injection Stephanie Prior was instructed in a spinal injury claim against Mid and South...

      Read more
    6. Beautician hold syringe for young female client

      Delayed skin cancer diagnosis

      We are pleased to have successfully settled a client’s claim for a delayed cancer diagnosis – Basal Cell Carcinoma (“BCC”)....

      Read more
    7. Fatal Medical Negligence Claim

      Failure to Treat Bowel Condition

      Jodi Newton, a Partner in the Clinical Negligence Department at Osbornes Law, has recently settled a long running case against...

      Read more
    8. hospital

      Prison Healthcare Negligence

      Nicholas Leahy, a solicitor in the Clinical Negligence Department at Osbornes Law, has  recently successfully settled a long running case...

      Read more
    9. Confidential file

      Osbornes Instructed After Local Authority Data Breach

      Osbornes Law has recently negotiated a settlement on behalf of two clients who had their personal information inadvertently released to...

      Read more
    10. baby hand in mothers hand

      5-figure settlement for infusion leak to mother

      Elline Demetriou has reached another successful outcome for a Claimant, who pursued a post C-section birth injury to mother claim...

      Read more
    11. water

      Perineal Tear case settles for 6-figure sum

      Stephanie Prior recently settled a claim relating to a woman who delivered her baby after a traumatic labour. Her son...

      Read more
    12. dentist

      Court avoided after settlement agreed in dental negligence...

      The Medical Negligence team have recently negotiated the settlement of a complex dental negligence case. Our client experienced a number...

      Read more
    13. Doctor With Stethoscope And Files

      Delayed diagnosis of appendiceal cancer

      The medical negligence team at Osbornes Law has recently settled a case involving a patient who passed away following a...

      Read more
    14. hands of surgeon

      Successful settlement for negligent care during kidney transplant...

      Claimant v Royal Free London NHS Trust Osbornes have reached a settlement agreement on behalf of a Claimant who brought...

      Read more
    15. Modern dental office interior

      Successful claim against dental practice after negligent treatment

      Osbornes Law have reached another successful outcome for a client, who pursued a claim against dental practitioners due to medical...

      Read more
    16. pregnant lady making a heart shape

      Osbornes Act for Family after Tragic Stillbirth

      Nicholas Leahy is acting for a young woman who had a water birth at home and two midwives were allocated...

      Read more
    17. child with blue paint on hands

      Life-changing Injuries during birth

      Claim after mother and baby suffered life-changing injuries during birth Jodi is acting for both mother and baby in a...

      Read more
    18. Medical doctor in empty hospital corridor

      Successful settlement for birth injury that led to...

      Stephanie Prior’s case relating to the death of Gabriela Pintilie has been settled and approved by the High Court....

      Read more
    19. Doctor

      GP Negligence claim leading to fatality successfully settled

      Osbornes acted for a Claimant who brought proceedings on behalf of the estate of her late son, X, relating to...

      Read more
    20. Neglijenta medicala spital din UK

      Justice for client who suffered serious birth injuries

      The birth injury lawyers at Osbornes Law have recently negotiated the settlement of a case in which our client sustained...

      Read more
    21. Female surgeon wearing surgical mask

      Severe abdominal pain prolonged due to failed surgery

      Jodi Newton was instructed in a claim against London North West University Healthcare NHS Trust where our client suffered serious...

      Read more
    22. Anatomy of Shoulder

      Nerve injury following bowel surgery

      Stephanie Prior was instructed in a claim against Luton & Dunstable University Hospital where our client sustained an injury to...

      Read more
    23. Pregnant Woman and Gynecologist Doctor at Hospit

      Child Left with Brain Injuries at Birth

      Osbornes Law specialises in assisting families who have experienced birth injuries. We have represented families who have faced the loss...

      Read more
    24. Female surgeon with medical reports running

      Recent fatal medical negligence cases

      Osbornes Law specialises in helping families who have suffered a fatality due to inadequate medical care. Our specialist team is...

      Read more