Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    johnwilsonstorey Novitiate

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    Default Accident with carer

    My mother who is 84 has help at home twice a day. Last Sunday morning at about 9 0'clock the carer who had never visited before, and dosen't know her, took my mother on a walk around the garden although it was a very damp and grey morning. It had also been raining very heavily for the previous 2 days.
    On this trip she did not have her walking stick, and she NEVER walks unaided and she fell and broke her hip. A major thing to happen if you are 1/4 that age.
    The 'carer' managed to get her back inside the house, made her a cup of tea reported the incedent to her peers and then after a very few minutes left, presumably for the next patient.
    The carers' office then phoned us to report that she had had this accident. We then went to the house to find her lying on the floor and unable to move, an ambulance was then called.
    It has left my mother with almost no prospect of recovery and her frame of mind has really taken a turn for the worse, in fact while she has been in hospital she has actually hit 2 staff, a thing she would never do before she had this accident, so its totally changed her.
    It is my intention to make an offical complaint about this to Social Services but would like some advice on how to proceed.

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  2. #2
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    Default Re: Accident with carer

    Hi,

    I am sorry to hear what happened to your mum.

    Iwork in social services but with children so the advice I am passing on here is in the broad sense of how to complain.

    Check here General Social Care Council: Homepage - this is the social care regulator.
    Does your mum have a social worker - if so complain to her in writing first. Check out the website of your local authority and the adult care pages which should have all the information you need there to complain. Send letter to Team Manager, Service Manager and Head of Adult CAre.
    Also make a complaint to the agency who supplied the staff and copy to all concerned.
    I cannot for the life of me understand why an ambulance wasn't called - accidents happen but this seems like gross negligence.

    If I think of any thing else I will get back to you.

    Best Wishes


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  3. #3
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    Default Re: Accident with carer

    I'm sorry to hear about your mum and I do appreciate your concerns but I do have to question where the hip fracture occured. If the 'carer' was able to walk your mum back into the house after her fall I would question whether the fracture had occured at this point. The fact that you found her lying on the floor perhaps suggests she had a second fall?
    I agree with your point that a carer who does not know your mum and her capabilities should not have taken her for a walk.
    Are the doctors going to operate? If so she may make a good recovery - fingers crossed for you all.
    Best wishes.


  4. #4
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    Default Re: Accident with carer

    Thanks for the advise and i'm sorry its taken a few days to post again
    One question which comes to mind is a question of where the actual fracture took place, is it possible that when the original fall took place in the garden that the bone although fractured stayed in place and this is how the carer managed to get my mother back inside.
    Then as she later tried to get up the two ends of the bone seperated and this is why she ended up on the floor rather than a second fall causing the broken bones.
    I do understand that no one will ever really know, but all I am asking is, could it be possible.
    An update on her health is she is more confused and very vacant and refusing any help in standing although her leg has been 'repaired' by plates and screws.

    If You are on benefits you must read this

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    187- Subject to the provisions of this Act, every assignment of, or charge on-
    (a)benefit as defined in section 122 of the Contributions and Benefits Act;
    (b)any income-related benefit; or
    (c)child benefit,
    and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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    Default Re: Accident with carer

    Sorry to hear your mum is still confused - is this a new thing for her?

    Normally when a neck of femur fractures the leg becomes shortened and externally rotated as the muscles pull the bone out of line - I'm not an orthopaedic expert but I suspect that she would not have been able to walk at all once the leg was fractured. Ask to see her consultant and ask his opinion - I would also be asking questions about the confusion if this is new - has she been checked for a urine infection for example?

    Hope she recovers


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    Default Re: Accident with carer

    She has been a little confused over the last 2/3 years since the death of her husband but since the accident the difference in her is frightening. The hospital is going to do a CT scan this week to see if anything is happening.
    Regarging the leg injury I will talk to the consultant and ask his opinion

    If You are on benefits you must read this

    Social Security Administration Act 1992
    Miscellaneous
    Certain benefit to be inalienable **

    187- Subject to the provisions of this Act, every assignment of, or charge on-
    (a)benefit as defined in section 122 of the Contributions and Benefits Act;
    (b)any income-related benefit; or
    (c)child benefit,
    and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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    Default Re: Accident with carer

    as a carer i find that your mums carer is well and truly out of order,she should have rang the gp and remained with your mum until the gp came out,or least asked for a second carer to come and sit with your mum,the problem will also be with the company the carer works for ,for not giving her the correct information such as she needs her stick to walk with or cant not walk unaided,i would complain about it to social services and there is always the csi aswll


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    Default Re: Accident with carer

    Quote Originally Posted by johnwilsonstorey View Post
    One question which comes to mind is a question of where the actual fracture took place, is it possible that when the original fall took place in the garden that the bone although fractured stayed in place and this is how the carer managed to get my mother back inside.
    Then as she later tried to get up the two ends of the bone seperated and this is why she ended up on the floor rather than a second fall causing the broken bones.
    I do understand that no one will ever really know, but all I am asking is, could it be possible.
    Short answer to that is: No. Even a younger fully mobile person would not be able to put any weight or walk on a fractured major bone. If your mum had broken her bone in the garden, even with the help of the carer, she would not have made it back indoors. So, forget the "no-one will ever know", because that part is beyond doubt.

    This doesn't absolve the carer of what was an appalling behaviour and lack of care, and that definitely should be pursued as an official complaint, should it only be so that this carer can not inflict upon the same misery upon an other person.

    Apologies to people who I was in the process of helping, I may be gone some time.

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    Default Re: Accident with carer

    Quote Originally Posted by Bookworm View Post
    Short answer to that is: No. Even a younger fully mobile person would not be able to put any weight or walk on a fractured major bone. If your mum had broken her bone in the garden, even with the help of the carer, she would not have made it back indoors. So, forget the "no-one will ever know", because that part is beyond doubt.
    I'm not a doctor but I think you're mistaken.

    In the Your Health section in Body & Soul in today's Times (page 9) there's an article called

    "FAIRYTALES ABOUT FIRST AID

    You think you know a bit about medicine? You're likely to be wrong says Dr Keith Hopcroft. He debunks common myths....

    ... If you can walk on it, it can't be broken
    Wrong. Fractures may "impact", with the broken ends of bone forcing themselves together in a messy and unstable union. The result is pain and swelling - as in the elderly lady with an impacted fracture of the hip who calls for help only a few days after her injury"....

    Here's the link You think you know a bit about medicine? Try this-Life & Style-Women-Body & Soul-TimesOnline

    IF THIS POST HAS HELPED YOU PLEASE CLICK THE SCALES IN THE BOTTOM LEFT-HAND CORNER OF MY POST - THANK YOU.
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  10. #10
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    Default Re: Accident with carer

    There is a major difference between a break and a fracture, in medical terms. If a bone was broken, I would be amazed if you could put pressure/weight on it. A fracture is a different story - fractures are often treated in a similar way to sprains and severe bruising, as they do not usually(although clearly depends upon the location of the fracture) cause any differing symptoms then these conditions.

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    Default Re: Accident with carer

    Sorry MrShed but you are wrong - a break is a laymans term for fracture - there are several types of fracture with some more serious than others.


  12. #12
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    Default Re: Accident with carer

    My terminology is probably completely incorrect, sorry I appreciate that. However, I perosnally(as a layman!) would describe, if I was describing in detail, damage to the bone that has not gone right through as a "fracture", and a clean "break" across the entire cross section of the bone as a broken bone. There is a clear difference between the symptoms and treatment of the two, as I have found out to my own detriment!!

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    Please click the star if I have helped!!


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