Action over woman’s fall in nursing home settled for €315,000

A woman has secured a €315,000 settlement of her action taken over injuries suffered when she fell in a nursing home while in respite care.

The High Court heard that Martha Gibney (73) was not transferred to hospital until three days after her fall when she continued to complain of pain. An x-ray taken in hospital revealed that she had suffered a fracture to her upper leg.

Mrs Gibney, of Dunshaughlin, Co Meath, who has a form of Alzheimer’s disease, was in respite care at Ratoath Manor Nursing Home in Ratoath, Co Meath, when the accident happened on January 23rd, 2019.

Through her husband Edward, she sued Ratoath Nursing Home Ltd, which operates the home. It was claimed that Mrs Gibney was left unattended and fell while attempting to walk down a corridor alone and unaided.

It was claimed there was failure to provide proper supervision despite Mrs Gibney being identified as a fall risk and, following the incident, a failure to bring her to hospital despite her complaints about being in pain.

Mr Justice Kevin Cross was told liability was admitted in the case.

Jeremy Maher SC, for Mrs Gibney, said she is now in another nursing home and, before her fall, had been receiving excellent care from her husband and family.

‘Another good year’

In January 2019, Mrs Gibney had some mobility and some verbal capability but both were limited, counsel said. Her husband believed she had what he described as “another good year left in her”.

Counsel said the nursing home normally used by Mrs Gibney for respite care was being renovated in January 2019 and a decision was made for her to stay at Ratoath Manor Nursing Home instead.

Mr Gibney had made the nursing home aware of his wife’s specific needs, counsel added. Mrs Gibney is now confined to a wheelchair, the court heard.

Mr Maher said the family feel strongly about the fact she was not brought to hospital for three days after the fall, but there was no evidence this would have made a difference to the outcome. He added that the co-operation of the nursing home in relation to the case was appreciated.

Approving the settlement, Mr Justice Cross said he hoped it would bring some comfort to the family.