Care home fined £200,000 after 89-year-old lay on floor with fractured hip for up to two hours

A care provider in Cheshire has been fined £200,000, after Chester Magistrates Court found it had failed to provide safe care for a 89-year-old resident who was left lying on the floor for up to two hours with a broken hip.

Elli Figgins had to be taken to hospital for surgery and died over a week later with the death certificate listing the injuries from the fall as a contributing factor.

Sue Howard, a CQC (Care Quality Commission) deputy chief inspector for adult social care, said: “This is a distressing case and my sympathies are with everyone affected by Elli Figgins’ death.”

Vivo Care Choices Ltd which runs Curzon House in Saltey, near Chester, had previously pleaded guilty to the criminal offence of failing to provide safe care and treatment, which exposed Elli Figgins to significant risk of avoidable harm.

Curzon House is a care home for up to 35 older people and those living with dementia.

The court also ordered Vivo Care Choices Limited to pay a £170 victim surcharge and £19,305.94 costs, as a result of the prosecution brought by the Care Quality Commission (CQC).

Elli Figgins arrived at Curzon House for respite care on 2 June 2017. Prior to this she lived with her daughter, who was her main carer, but she had used the service twice previously for respite care following falls.

Mrs Figgins had numerous health conditions including vascular dementia, osteoporosis, poor vision and hearing loss. She also had Ménière's disease – a condition affecting a person’s balance – and was known to leave her bed up to eight times a night to use the toilet.

Despite these documented medical conditions and her daughter informing staff at the home of these issues, staff failed to carry out a robust assessment of her needs and they did not set up a plan to monitor her throughout the night.

The court found that the risk of Mrs Figgins suffering injury was increased by the service’s failure to use any assistive technology, such as motion sensors to monitor her when she was alone in her bedroom, or safety mats to protect her if she fell. She was only given a call bell which she could not use.

After retiring to bed on 2 June 2017, Mrs Figgins was checked by staff just after 10pm and just after 2am.

At 4.10am on 3 June 2017, Mrs Figgins was found on the floor of her room after another resident alerted staff to her calls for help. It is not known how long she had been on the floor, but it could have been up to two hours.

Following the fall, Mrs Figgins was admitted to the Countess of Chester Hospital, where it was found she had fractured her hip. She had surgery for her hip on 4 June 2017 and was transferred to the Hospice of the Good Shepherd, Chester, on 9 June 2017. Two days later she died and the injuries sustained during her fall were written on her death certificate as a contributing factor.

Sue Howard, a CQC (Care Quality Commission) deputy chief inspector for adult social care, said: “Mrs Figgins had every right to expect safe care at Curzon House. Vivo Care Choices Limited has a specific legal duty to ensure care and treatment is provided safely at the home, but it failed to implement basic measures – such as motion sensors and safety mats – to mitigate the known risk of her falling.

“The majority of care providers do an excellent job. However, when a provider puts people in its care at risk of harm, we take action to hold it to account and protect people.

“We hope this prosecution reminds care providers that they must always ensure people’s safety and manage risks to their wellbeing.”