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TBI Aid Family's Negligence Claim After Tragic Death At Local Care Home

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Tilly Bailey & Irvine Law Firm recently represented a family’s negligence claims against a Care Home in Stockton-on-Tees, following the death of an elderly man.

Mr C was a resident at the Care Home in Norton, Stockton on Tees. He had dementia and was on a soft food diet, requiring assistance and supervision when eating. 

On 28th October 2016, Mr C was having breakfast in his room and was being helped by a member of staff.  Although on a soft food diet, Mr C had been given a sausage with his breakfast. The member of staff was called away, leaving Mr C on his own and his food in front of him. 

When the member of staff returned, Mr C was found to be choking and he sadly died. 

The incident was reported to the Coroner. A post-mortem considered that the cause of death was blockage of the airway. An Inquest with jury took place and determined that the medical cause of death was choking.

Mr C’s family contacted Tilly Bailey and Irvine and the matter was soon in the hands of Helen Elstob, a Senior Associate Solicitor at the firm. A letter of claim was sent to the Home, alleging that the care home were negligent in that they:

  • failed to adequately monitor Mr C;
  • failed to provide a soft food diet;
  • and failed to ensure that staff were trained to adequately care for Mr C.

The care home instructed solicitors to deal with the case. In their reply, they admitted that Mr C should not have been left unsupervised with solid food, which had resulted in him choking to death.   

The Care Home paid damages to the family, who pursued the claim on behalf of the Estate of the Late Mr C, for the pain and suffering caused.    

According to the Care Quality Commission website, the overall rating for the Care Home is ‘Inadequate’ and this follows an inspection in October 2018.

If you have concerns regarding a family member or friend who is in care, please contact Tilly Bailey & Irvine’s specialist solicitors from across the North East on 0333 444 4422 or see what we do.