Case study: over £45k for fall from an unlocked commode

Our personal injury solicitors helped a client claim compensation for injuries she sustained after falling to the floor from an unlocked commode.

Accident circumstances and injuries sustained

Our client, Mrs J, was 85 years old when she was admitted to hospital following a fall she had at home in 2022, in which she sustained a fractured arm and elbow requiring surgery. Whilst Mrs J was an inpatient at the hospital, she was diagnosed with a urinary tract infection. During her hospital stay, if she needed to go to the toilet at night, she would use the call bell to ask a nurse to bring a commode and leave it for her to use privately. After Mrs J had finished using the commode, she would use the call bell again, and a nurse would come and remove it from the room. 

On the evening before Mrs J’s planned arm surgery and without any request from her, a nurse left a commode next to Mrs J’s bed, informing her that it was there for her use should she require it during the night. In the early hours of the morning, Mrs J awoke needing to use the commode. She got out of bed, stood next to the bed and put her right arm on the right arm of the commode to lower herself onto it. Unknown to Mrs J, the wheels of the commode had not been locked in place as they should have been by the nurse. The commode moved and shot away, causing Mrs J to fall to the floor onto her right side.

As a result of the accident, Mrs J sustained the following injuries:

• Acute hip pain requiring pain control in theatre
• A fracture to her right hip requiring two surgeries
• Ongoing hip pain and limitation of mobility
• Loss of confidence and low mood

Claiming compensation for personal injury

Mrs J instructed our personal injury solicitors, with help from her children, to claim compensation for her injuries.

We notified the Defendant hospital which admitted liability.

Medical reports obtained

In support of our client’s claim, medical evidence was obtained from a Consultant Orthopaedic Surgeon who prepared a report. As Mrs J was in hospital at the time of her accident due to an unrelated injury, it was important for the Orthopaedic Surgeon to differentiate what injuries and pain she suffered as a direct result of the accident. The report confirmed:

• Mrs J sustained a right hip fracture requiring surgical fixation, which subsequently failed and required revision surgery
• The Orthopaedic Consultant required an up-to-date X-ray of her hip before providing his final opinion. Our solicitors arranged the recommended X-ray for Mrs J on a private paying basis and included the cost in the claim, as NHS waiting lists would delay the claim

Once the scan results were received, they were sent to the Orthopaedic Consultant for consideration. The addendum report confirmed:

• The scan revealed that the total hip replacement was well-fixed
• Mrs J had ongoing right hip pain, but these symptoms would normally resolve within two years. Any ongoing symptoms past this date would likely be due to her pre-existing hip degeneration

Claim for financial losses

Our personal injury solicitors collated details of the financial losses Mrs J incurred as a result of the injury. These included:

• Travel expenses in respect of Mrs J’s sons visiting her in hospital, providing support and assisting her with meals
• Care and assistance provided by her children when Mrs J was discharged from hospital
• The installation of a telecare alarm system, which incurred a weekly cost.
• Renovations to her bathroom to install a level access shower, as Mrs J was unable to use a bath after the accident

Settlement offer

Our solicitors disclosed all medical and financial loss evidence to the Defendant Hospital, which made an offer of settlement for just less than £35,000.

After negotiations, the claim settled for just over £45,000.

We arranged for Mrs J to have a free, no-obligation chat with a personal injury trust provider to advise her on setting up a trust where her compensation would be protected from being treated as capital for state benefits, so that any ongoing future means-tested benefits she received would not be affected by the compensation.

Contact our personal injury solicitors

If you’ve been injured in a fall or an accident that wasn’t your fault, our team of personal injury specialists might be able to help.

To speak to a member of our Personal Injury team, call us on 0117 325 2929 or complete our online enquiry form.