Client Receives £4,500 After Father’s Preventable Death


Mr W approached Mulderrigs’ specialist team of personal injury solicitors to assist him in a very distressing case involving the inquest of his elderly father.


Mr W’s father was elderly and had poor health which led to him having spinal problems. Due to this he was living in a care home at the time.

Because of his spinal issues, he remained in bed for most of the day, this included during his meal times.

Mr W’s father had a tendency of slipping down the bed when he was sat up, eating. Because of his condition, he was unable to get back up and was at risk of choking on his food.

This meant that he required supervision during meal times, and a policy was put in place to make sure he didn’t slip, avoiding any choking issues.

On the day in question the carer who was supervising Mr W’s father had left him alone whilst he was eating, despite the policy put in place.

He unfortunately slipped down the bed and choked on a piece of meat. Sadly, the staff and paramedics were unable to save him and he passed away before reaching hospital.

Following Mr W’s father’s unfortunate death, the coroner who had been appointed was extremely concerned about the circumstances in which it had happened. This led to them ordering an inquest, which we had arranged for our client to be represented at by a barrister.

The evidence collected from the various care workers at the home was inconsistent, when questioned about the circumstances surrounding Mr W’s father’s death.

The coroner concluded that they had not followed their own policies in relation to either supervising our client’s father whilst eating, to assure he didn’t slip down his bed, or attempting to help him when he began to choke.

As a result of these findings, it was announced that the care home’s neglect had contributed to our client’s father’s death.

How Mulderrigs were able to help

Following the findings from the inquest, we sent a detailed letter of claim to the care home, which included a sensible offer to settle the claim.

Not long after, and within the investigation period, the insurers accepted liability.

Following this acceptance, we entered into a short negotiation for the claim, which was settled for £4,500.

Jo Smith, Solicitor, who acted on behalf of Mr W in his claim commented –

“This case was especially sad as my client had not been able to see his elderly father very often due to the Covid restrictions. He was shocked at the failures by the home and was relieved that they didn’t try to fight the claim”.

Our specialist team of personal injury solicitors have dealt with many claims against negligent care homes including where residents have sustained serious injuries due to poor supervision.

Please get in touch with Mulderrigs, now a part of the Farleys Solicitors family if you would like some advice on your next steps. We understand that these cases are often about getting answers for the family and will do everything we can to support you in the process. To speak to a specialist, please call 0800 0523 693 or contact us by email.