New Lodge Nursing Care Limited, a care home in Mickleover, Derby, and its manager Lindsey Foster, have both been fined for failing to provide safe care and treatment to a resident, resulting in her being exposed to a significant risk of avoidable harm, at Southern Derbyshire Magistrates’ Court today, in a prosecution brought by the Care Quality Commission (CQC).
New Lodge Nursing Care Limited, which is a residential care home providing personal care to people aged 65 and over in Mickleover, Derbyshire, was fined £30,000 in court. It was also ordered to pay a £170 victim surcharge and a contribution to prosecution costs of £7,500 to the Care Quality Commission. Manager of the home, Lindsey Foster, was also ordered to pay a fine of £1,200, a contribution to prosecution costs of £105.22 and a victim surcharge of £80.
On 19 September 2018, Mrs Shirley Froggett was found on the floor of the lounge of the home by a member of staff. Mrs Froggett had sustained injuries, including a fracture to her thighbone (femur), after falling out of her wheelchair. There was also significant bruising to her temple and face, left arm and her left leg.
Despite this, no medical assistance was requested, and no notification of the accident had been reported to CQC, or any other regulatory body, until nine days after the event. When the accident was reported, the notification stated that Mrs Froggett had suffered a broken hip or fracture after she had managed to open the lap strap in her wheelchair. It was established later that no lap belt had been in place at the time, which was confirmed by staff members and photographs from Mrs Froggett’s family.
When Mrs Froggett’s family visited her, they called for an ambulance, and she was taken to the Royal Derby Hospital where she was treated for her fracture. While she was there Mrs Froggett contracted broncho-pneumonia, which can be a complication following a femoral fracture. Mrs Froggett later died and bi-lateral broncho-pneumonia was identified and recorded as the primary cause of death, due to a femoral fracture.
Natalie Reed, CQC’s head of inspection for adult social care, said:
“Our sympathies are with the family and friends of Shirley Froggett following her sad death.
“Mrs Froggett had the right to expect to be kept safe while living in and receiving care from New Lodge Nursing Care Limited, but in this case the provider, and the manager Linsdey Foster, failed in their legal duty to protect her from being exposed to significant harm.
“The majority of care providers do an excellent job. However, when a provider puts people in its care at risk of harm, we will take action to hold them to account and to protect people.
“I hope the outcome of this prosecution reminds care providers of their duty to assess and manage all risks, including environmental risks, to ensure people are kept safe”.
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When a provider puts people in its care at risk of harm, we will take action to hold them to account and to protect people
Natalie Reed, head of inspection for adult social care