An 87-year-old Dublin man, who fractured his pelvis after falling while a patient in St James's Hospital, has lost a €60,000 damages claim for negligence against the hospital.
Judge Jacqueline Linnane said there was nothing the hospital could have done to prevent Joseph Hudson, who resides at Padre Pio Nursing Home, Cappaghmore Estate, Clondalkin, Dublin,from falling while he walked from his bed to the toilet area.
Dismissing Mr Hudson’s claim, she said the incident had been very distressful for Mr Hudson’s family but the hospital had properly assessed him as a high “fall risk,” following his admission to the 28-bed Victor Synge Ward in November 2012.
Barrister Conor Bourke, counsel for the hospital, said Mr Hudson had been given an orange wrist band to alert staff of the fall risk and he wore hip protectors.
He had access to staff through a call bell and his bed had been placed right beside the nursing station where he could be supervised through a glass panel.
The court heard Mr Hudson had been admitted to St James’s Hospital following GP referral as he had fallen at home and was unable to look after himself.
He had slipped and fallen more than 10 days later while he tried to go to the toilet area early in the morning. He had hit his right hip and his head in the fall.
Judge Linnane was told Mr Hudson was helped back to bed by the nursing staff. A scan had revealed fractures of his pelvis. And his mobility had deteriorated since the incident.
The court heard Mr Hudson’s case had been brought on his behalf by his daughter Ms Mary Clarke.
Mr Bourke said the hospital denied negligence and had taken all reasonable measures to ensure his safety under a special care plan. The case was one of the first to be heard under the new legislation which increased the Circuit Civil Court personal injuries jurisdiction to €60,000.