Elderly care claims

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Chambers UK
Clinical Negligence

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Elderly patients can be particularly vulnerable due to their physical frailty or dementia. We all hope that our relatives will be treated with dignity if they require medical attention. However, in a number of hospitals the quality of elderly care provision is poor.

The sad truth is that in a hospital setting elderly patients may not have the understanding, assertiveness or physical strength to stand up for themselves. Sometimes they can be perceived as ‘difficult’ due to their physical or mental health. A worrying pattern is emerging in elderly care claims which shows that patients are not receiving the individual care they need.

Our specialist team can advise on appropriate routes for complaints concerning poor treatment or decision making. If there are concerns that substandard care has resulted in avoidable injury or the loss of a family member, we can investigate a legal claim for compensation or advise on the inquest process and provide representation. We understand the particular distress associated with fatal claims.

We represent clients in a wide variety of cases concerning the elderly. The issues that we regularly see include:

  • failure to perform a risk assessment as to a patient's physical needs or emotional state leading to falls and handling errors
  • unacceptable nursing care where basic needs of nutrition and hydration are not met
  • missed diagnosis of cardiac problems
  • negligent infection and wound care, including a growing number of cases concerning the development of pressure sores
  • quality of treatment in care homes
  • decisions regarding the Liverpool Care Pathway
  • inappropriate discharge home
  • failure to investigate and identify fractures after falls

Recent work highlights

Settlement for pressure sores

Reaching a settlement of £27,500 for our client’s poor nursing care over several months following a total hip replacement. She contracted MRSA, developed a series of pressure sores and had several falls during rehabilitation.


Brain injury caused by ambulance crew

Pursuing a claim for an elderly gentleman who was dropped by the ambulance crew while being taken to hospital causing an acute subdural haemorrhage – although the crew failed to inform anyone and he died before surgery.


Failure to resuscitate and to operate properly

Investigating the case of an elderly patient in hospital with a known bowel obstruction. She collapsed and subsequently died after the hospital failed to resuscitate her as an emergency and performed the wrong operation for her condition.

See more detailed case studies

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Penningtons Manches LLP

Penningtons Manches LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority. San Francisco is an associated office.

Penningtons Manches LLP