Personal injury in a nursing home

Ebonyspice

My Mother resides in a nursing home and a couple of days ago a carer informed me that a medical cabinet near her bed had fallen off the wall, thankfully she was not sitting under the cabinet but, she was on the bed . Consequently, a chip of wood had snapped off and given her a scratch on her face which has caused a cut and huge bruise a couple of inches under her eye. I would be grateful for any advice what to do. Although, the home has been good with her , we are very upset that this has happened to her. We are considering legal action.

Mrs_pbradley936

To what purpose? She won't be able to claim for loss of earnings. If she is shaken up but comfortable and the home are not neglecting her - and you don't sound as though that is the case what do you hope to achieve?

powerful_Rogue

Ebonyspice said:

My Mother resides in a nursing home and a couple of days ago a carer informed me that a medical cabinet near her bed had fallen off the wall, thankfully she was not sitting under the cabinet but, she was on the bed . Consequently, a chip of wood had snapped off and given her a scratch on her face which has caused a cut and huge bruise a couple of inches under her eye. I would be grateful for any advice what to do. Although, the home has been good with her , we are very upset that this has happened to her. We are considering legal action.

Do you have Power of Attorney/Deputy over your mother? If not, then it's for your mother to decide whether to take legal action. What does your mother think about this?

Robin9

Is the Care Home manager aware of the problem and has it been made safe ?

MobileSaver

Ebonyspice said:

Although, the home has been good with her , we are very upset that this has happened to her. We are considering legal action.

Legal action for what?

Aylesbury_Duck

How much are you after?

mattyprice4004

If you think you have a case for legal action, go down that route. 
Unfortunately an issue like this is a little beyond a forum - you need specialist legal advice. 

Alderbank

It's not a consumer rights issue and you can't pursue a personal injury claim in small claims court.
Even if you can establish negligence, damages for what you describe as a scratch and a bruise would be very small even for an 18 year old girl, and whether you agree with it or not will be judged much less for an old age pensioner living in a care home.

Your first step is to find a no fee no win solicitor willing to take the case on. Their first step (if you can find one) will be to arrange a private medical exam to assess the extent of the injuries.

Ebonyspice

Thanks for your responses . The concern is that a medical cabinet should not have been above her bed. 
Yes I do have a power of Attorney. She suffers from dementia , hence the reason why she is in a home. 

Murphybear

Ebonyspice said:

Thanks for your responses . The concern is that a medical cabinet should not have been above her bed. 
Yes I do have a power of Attorney. She suffers from dementia , hence the reason why she is in a home. 

Perhaps then to talk to the manager about your concerns and ask for the cabinet to be moved.  

Aylesbury_Duck

Ebonyspice said:

Thanks for your responses . The concern is that a medical cabinet should not have been above her bed. 
Yes I do have a power of Attorney. She suffers from dementia , hence the reason why she is in a home. 

What legal action is required to correct that?  Surely it's just a question of insisting the home moves the cabinet or the bed to make sure it can't happen again?