herald

Wednesday 16 October 2019

Woman (87) hurt in nursing home fall awarded €40k

Daughter Olga Boylan provided sworn evidence to the court
Daughter Olga Boylan provided sworn evidence to the court

An 87-year-old woman who fractured one of her vertebrae and broke her left wrist when she fell in a Dublin nursing home has been awarded €40,000 damages.

Barrister Grainne Larkin told the Circuit Civil Court that Eileen Ormsby had fallen in a bathroom at Beechlawn Nursing Home, Northwood Park, Santry, but the incident had not been witnessed by anyone.

Ms Larkin said it was believed her fall had been caused by a wet floor, but Ms Ormsby, who was of very advanced years, would be unable to assist a court with regard to details of the incident, which had happ-ened in August last year.

Emergency

Ms Ormsby, formerly of Buttercup Park, Darndale, sued TLC Nursing Home through her daughter, Olga Boylan, who had provided sworn evidence to the court for the purpose of her mother's claim.

Ms Larkin told Judge Siobh-an Ni Chulachain that Ms Ormsby had suffered a fracture to her lower back and broke her left wrist.

She was taken to Beaumont emergency department and, following examination of her injuries, was kept in the hos-pital for five weeks.

In a medical report, Prof Samuel J McConkey stated that Ms Ormsby's injuries had caused significant and prolonged admission to hospital, and hospital reports of her complaints were consistent with a fall as described.

He said she had suffered excessive pain, the treatment of which required the use of opiates.

She had undergone a period of delirium and increased confusion for six weeks following the accident.

For some time she had to wear a back brace.

Ms Larkin said TLC Nursing home had made a settlement offer of €40,000 to Ms Ormsby and she was recommending that the court accept it.

Judge Ni Chulachain, accepting that Ms Ormsby could have difficulty in establishing exactly what happened, approved the offer.

She said Ms Ormsby had been unattended in the bathroom at the time.

Judge Ni Chulachain was told Ms Ormsby's condition had returned to base level following her hospital treatment.

She continues to reside at the nursing home.

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