Ken, a partially sighted 75 year old gentleman suffering from dementia, was admitted to hospital for an operation on his prostate in February 2007. The operation went well, although it appears likely that a chest infection developed some time later.

Ken was documented as being confused and seen trying to climb out of bed on several occasions.

Four days later, whilst still in hospital, Ken fell whilst unsupervised and fractured his hip. The immobility caused by the fracture resulted in the deterioration of the chest infection and the operation to repair his hip was postponed until 27 February. This second operation successfully repaired Ken's hip. However his chest infection worsened and, on 4 March 2007, he died.

The cause of death was given as "bronchopneumonia resulting from a fracture of the right neck of femur". The evidence of the pathologist suggested that the fractured hip contributed to the serious deterioration of the chest infection and Ken's subsequent death.

We represented Ken's widow at the Coroner's Inquest in December 2007. It became clear in evidence that the nurses on duty at the time were aware that Ken was confused and disorientated. He had to be physically prevented from leaving his bed on several occasions and it was accepted that he was recognised as being at risk of falling.
Furthermore, it became apparent that no formal risk assessment was undertaken in relation to Ken, despite the recognised risk of falling, and that no steps were taken to ensure that he would not fall. The Coroner noted staffing shortages at the time and commented that this contributed to the inadequate steps taken to prevent the fall.

Results of the case
The Coroner's verdict included findings that the hospital had been aware of Ken's risk of falling and that he was seen attempting to climb from his bed on four occasions prior to the fall that caused the fracture to his right hip.

As a result of the Inquest we have invited the Hospital Trust to make an early admission of liability in relation to the civil claim for negligence that Ken's wife has instructed us to pursue.