Case studies & success stories

Mr A’s Story

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We helped with

Pressure Sore

Mr A sustained a distressing pressure ulcer (often referred to as a pressure sore) whilst an in-patient in hospital.

He was then discharged to a care home where the pressure ulcer was allowed to deteriorate rapidly, and worse, he sustained further nasty pressure ulcers – caused by poor care, lack of monitoring and prompt intervention, and missed opportunities.

Due to Mr A’s deteriorating health, a claim was brought on his behalf by his wife, against the local NHS Trust. The allegations of breach of duty (liability) and causation (proving the hospital caused the injury) were fully supported by an independent report from an expert Tissue Viability Nurse. The expert noted numerous breaches of duty of care by both the hospital and care home, and resultant failures to ensure Mr A’s wellbeing and safety at all times.

Breach of duty was partially admitted by the hospital, who maintained that the care home should also accept some blame for the deterioration in Mr A’s condition after he was transferred and entrusted into their care. It was also alleged that the pressure ulcers and infections had hastened Mr A’s demise and death.

However, as a result of the hospital seeking to deflect some blame onto the care home, it then became necessary to open a second front against the care home to protect Mr A’s position. Accordingly, a separate claim was then pursued against the care home who initially denied liability – despite the overwhelming evidence presented in support of their negligent actions.

Protracted separate settlement negotiations ensued with both parties, and resulted in substantial overall compensation for Mr A’s pain, suffering and distress caused by his pressure injuries – which could and should have been prevented with proper care, attention and timely intervention. Sadly, the Mr A passed away before his case was concluded.

We take the view that virtually all pressure sores are caused by neglect and are entirely preventable with good care.

"I cannot recommend FARLEY DWEK enough should you find yourself in this unfortunate situation. They ring you when they say they will, they write to you with updates and keep you informed all the way. I'd like to especially thank Ruth Pople and Jonathan Dwek who I regularly spoke to during the process."

Chris Gregg

"Andrew had a high degree of expertise in this field and was able to offer practical advice on how best to prepare an evidenced based case. He was also able to identify areas where the framework had been incorrectly applied. With this expert knowledge and guidance, we were successful in our appeal and the original recommendation of the DST was overturned. Our mother was awarded full CHC funding, backdated with payments refunded. The best £300 we ever spent!"

Jane

"Without Farley Dwek’s support we wouldn’t have secured the funding. Soon after we presented our case with Farley Dwek we were informed by the NHS that my mother was entitled to the funding after all. It was a huge relief because the size of the care home fees can be a huge worry."

David Newton

"Carla acted as our nurse advocate at a recent DST meeting. We had a two hour preliminary phone discussion a couple of days beforehand and Carla's professionalism and attention to detail was immediately apparent. Her assistance on the day was invaluable as her clear undertanding and cross referencing of the various records meant that she was able pick up on any discrepancies/omissions and ensure that proper consideration was given and that nothing was overlooked or misinterpreted by the assessor. We couldn't have gone though this process without such amazing support. Thank you."

Martin Wallbank

"We felt more confident going into the review process with Farley Dwek on our side. After they attended the assessment meeting with us we secured the funding and we continue to save on the astronomical care home fees that we might otherwise have had to pay."

Edward Battersby

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