Kenneth’s Story

Farley Dwek represented the late Mr Kenneth Phillips, an elderly gentleman, who was admitted to Hospital by ambulance, then aged 94, with shortness of breath, reduced mobility in his left leg and cellulitis. Whilst admitted, he had an unwitnessed fall; it is thought that he fell out of bed due to lack of bedrails (a ‘never event’). He was known to be at high risk of falling.

Mr Phillips sustained a significant unsightly fracture to his dominant right wrist, a suspected hip injury, significant bruising all down his left side, tenderness to his cervical and thoracic spine and a potential head injury. Mr Phillips was immobilised and his neck put in a brace (quite frightening for an elderly patient). His wrist was placed in a plaster cast and was treated conservatively due to his age and other medical conditions.

Mr Phillips was left with a physically and visibly deformed shortened angulated (‘spoon’) wrist, which was very painful and stiff, with significantly impaired grip strength, residual weakness, instability, and muscle spasms. He needed to wear a splint most of the time for support and to counter instability in his wrist. His independence was gone, and with it, a total loss of confidence. The accident affected him in all aspects of his daily activities, such as:

• His mobility and independence was adversely affected. He could no longer use his walking stick and needed a Zimmer frame and someone to accompany him when mobilising at all times due to his reduced grip.
• He could no longer rely on his injured wrist for support or grip to steady himself when walking indoors, if he lost balance or if he needed to push himself up from a seated position.
• When walking, he shifted his body to compensate, putting excess strain on his left side – knee hip and back – aggravating any existing degeneration and previous knee replacement surgery.
• He needed someone to push him in his wheelchair as he couldn’t rotate the wheel rims with his damaged hand.
• He now needed daily assistance from his son and 2 professional carers who were employed to help with basic tasks that he could do now longer do for himself since his accident eg help getting out of bed, cooking, cutting up food and eating, hygiene (eg washing and showering and other aspects of personal hygiene), toileting, dressing (eg help with shoes even though they have Velcro), buttons, zips and clothes that go over his head are a particular problem.

Farley Dwek presented a claim for negligence against the NHS who apologised and admitted liability.

Medical evidence was sought from a Consultant Hand Specialist who confirmed that the wrist symptoms and deformity would be permanent and “with the splint off, there is virtually no use in Mr Phillips’ right hand. With the splint on there is a degree of stability, but not enough to manage to the same degree of mobility and independence that he enjoyed before the accident in question.”

Mr Phillips’ case was settled for £40,000.

Sadly, Mr Phillips passed away recently, aged 95, and didn’t see the end of his case.

His son, Craig, said: “My father was mobile and independent before his fall, and sadly, this accident literally knocked the wind out of his sails and robbed him of his dignity and quality of life; from being a strong independent gentleman to requiring round-the-clock full time care. I am over the moon with the way in which Farley Dwek Solicitors have handled my late father’s claim. The matter was dealt with in an extremely efficient and robust manner. My father and I were kept informed throughout the whole process and we had frequent contact with our solicitor, Jonathan Dwek. His experience and empathy instilled great confidence and I am delighted with the outcome. Whilst my father never lived to see this brilliant result, I will be giving some of the money to local causes in memory of both my late parents.