Case studies & success stories
Ted’s Story
We helped with
CHC funding
Farley Dwek Solicitors were contacted by a client in relation to her father’s (‘Ted’s’) potential claim for NHS Continuing Healthcare Funding (CHC). However, after a review of the case, we assessed that Ted’s needs were not sufficiently complex, intense or unpredictable to meet the high bar set for an award of CHC Funding.
However, during a review of the records, it became apparent that Ted had suffered significant deep pressure ulcer damage to his sacrum area and heel whilst an in-patient at hospital when he was admitted for unrelated medical health problems.
Pressure ulcers are predominantly caused by neglect and can be extremely painful.
Pressure ulcers are graded 1 to 4, with grade 4 going down to the muscle, tendon, ligament and bone, and in some cases can prove fatal.
Further investigations were undertaken including a detailed review of Ted’s hospital and other relevant medical records to understand the nature and extent of the pressure damage sustained, and to assess whether the hospital were at fault. We also needed to eliminate any possible suggestion that the pressure ulcers could have developed before Ted entered into hospital. Following our review, we were satisfied that the NHS Trust were primarily responsible.
Supportive medical evidence obtained from an expert Tissue Viability Nurse which confirmed our belief that the hospital were indeed liable for the injuries caused due to inadequate risk assessments and timely pressure relief care which could and should have avoided the pressure ulcers from developing – especially when it was known upon admission that Ted was fragile and at very high risk of developing pressure ulcers.
A claim was made against the local NHS Trust for negligence.
Liability was quickly admitted.
Further expert medical evidence obtained confirmed the nature and extent of the deep and painful pressure ulcers Ted had sustained enabling us to more accurately assess the value of his claim.
Substantial damages were agreed following negotiations, by way of compensation.