A settlement has been reached by associate Sarah Elliott, acting on behalf of the estate of AB in an action against a local healthcare trust and private care company, M Care. The action arose from treatment provided to AB before his death. AB had a terminal diagnosis of bladder cancer with spinal metastasis and spinal cord compression and was discharged home with a syringe driver in situ, along with a palliative care package, outsourced by the Trust to M Care.
Concerns were raised by AB’s next of kin regarding the level and standard of care being provided. The next of kin approached Worthingtons who instructed an expert in nursing care. The expert concluded that the 2 carers who attended 4 times per day, spent very little time at AB’s property on the majority of visits, despite the care plan mandating a morning call for 45 mins, lunch 30 mins, tea 30 mins and bed 30 mins. It was accepted that AB would on occasion refuse assistance with personal hygiene, however, it was found that at times 3 days went past without any noted entries by the carers regarding personal hygiene or that AB’s catheter bag had been checked and/or changed. Similarly, it was found that AB’s catheter bag was noted as empty for a period of a few days, with no investigations undertaken as to whether the catheter was blocked and/or dislodged.
AB deteriorated and an ambulance was called the day before he passed away, with ambulance staff further noting severe bed sores, which our expert concluded were undetected and untreated by the carers.
As a result of the findings of the expert care consultant, along with the opinion of a consultant geriatrician, liability was ultimately admitted, split jointly between the parties. Following negotiations between Counsel in early summer 2025, a settlement was reached in respect of the pain and suffering caused.
If you would like to discuss or investigate a potential medical negligence action as a result of the care provided to a loved before their death, please contact Sarah Elliott on 028 9181 1538 or [email protected]
