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 in the Circuit Civil Court.
Barrister Grainne Larkin told the court that Eileen Ormsby, had fallen in a bathroom at Beechlawn Nursing Home, Northwood Park, Santry, in August last year but the incident had not been witnessed by anyone.
Ms Larkin, who appeared with Gillian Browne of Ferrys Solicitors for Ms Ormsby, 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.
Ms Ormsby, formerly of Buttercup Park, Darndale, Dublin 17, sued TLC Nursing Home Limited 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 Siobhán Ní Chúlacháin that Ms Ormsby had suffered a fracture to her lower back at the T12 area and broke her left wrist.
Following the fall, she had been taken to Beaumont emergency department and had been detained in the hospital for treatment for five weeks.
Professor Samuel J McConkey, in a medical report, 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 incident and had to wear a back brace for some time.
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 Ní Chúlacháin, 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. The judge felt her ability to give evidence of her loss and suffering could also create a difficulty for her.
Judge Ní Chúlacháin was told Ms Ormsby’s condition had returned to base level following her hospital treatment. She continues to live at the nursing home.