Outcome: Liability admitted and compensation secured
Case Handler: Nicola Thompson
Case Type: Care home negligence claim
Client: The family of Elizabeth McBride
When Mechelle began noticing unexplained injuries on her mother, Elizabeth, she knew something was wrong.
Elizabeth was living with vascular dementia and could not explain how she had been injured. Mechelle repeatedly raised concerns about her mother’s falls, bruising, weight loss and nutrition, but struggled to obtain the answers and reassurance she needed.
Determined to ensure her mother’s experiences were properly recognised, Mechelle documented the injuries and made a formal complaint to the Care Inspectorate.
Following Elizabeth’s death, she turned to Thompsons Scotland for specialist legal support.
Nicola Thompson reviewed the evidence, investigated the standard of care Elizabeth had received and raised legal action on behalf of her estate. Following an investigation by the care home’s insurer, liability was admitted and compensation was secured for Elizabeth’s family.
Elizabeth’s Move into Residential Care
Elizabeth entered Greyfriars Care Home in April 2021 after spending several months in hospital following a stroke.
While in hospital, she was diagnosed with vascular dementia. Her family was advised that she would require a significant level of care and support when she moved into residential accommodation.
Mechelle had always been extremely close to her mother. As an only child whose father had previously died, she and Elizabeth shared a particularly strong bond.
Although COVID-19 restrictions limited visits, Mechelle continued to see her mother regularly and remained closely involved in her care.
Over time, she became increasingly concerned about Elizabeth’s condition.
Unexplained Injuries and Repeated Falls
During a visit in October 2021, Mechelle discovered extensive bruising across her mother’s face.
She was told Elizabeth had fallen, but Mechelle had not been contacted to let her know that an incident had occurred.
Further injuries followed, including an injured finger, swelling and bruising to Elizabeth’s hand, a scar above her cheek and evidence of additional falls.
Because of her dementia, Elizabeth could not explain how the injuries had happened. When Mechelle asked about them, her mother would become upset and distressed.
Mechelle began taking photographs so there would be a clear record of what she was seeing.
She also repeatedly questioned why she had not been informed when her mother had fallen or been injured and why external medical assistance had not always been sought.
Concerns About Nutrition and Weight Loss
Mechelle was also deeply concerned about her mother’s significant weight loss.
Elizabeth’s dentures no longer fitted properly after she lost weight. Mechelle believed this affected her ability to eat, but replacement dentures were not obtained.
During visits, she sometimes found her mother being served food that she did not believe was suitable for someone who could not eat properly without dentures. Elizabeth would tell her daughter she was hungry, and Mechelle began bringing food for her.
At one point, Elizabeth’s weight had reportedly fallen to approximately five stone.
Mechelle repeatedly raised concerns that her mother’s nutritional needs were not being adequately met.
Mechelle Speaks Up for Her Mother
After Elizabeth became unwell in early 2022, she was admitted to hospital.
Mechelle felt that her mother’s condition improved while she was there and strongly opposed her returning to the care home. She raised concerns about neglect with the professionals involved in Elizabeth’s welfare but was informed that Elizabeth would return.
When her mother’s condition later deteriorated again, Mechelle became determined to have the care independently investigated.
For Mechelle, this was not simply a disagreement about the service being provided. She was trying to protect a vulnerable parent who could no longer speak for herself.
Care Inspectorate Investigation Upholds Complaints
Mechelle submitted a formal complaint and provided the Care Inspectorate with photographs of her mother’s injuries.
An investigation was carried out, including an unannounced visit to the care home.
The Care Inspectorate upheld every complaint it examined.
The findings included concerns relating to:
- Elizabeth’s nutrition and weight loss
- Communication with the family following falls and injuries
- The management and reporting of incidents
- Failures to involve external healthcare professionals after injuries were sustained
The findings provided important independent support for the concerns Mechelle had been raising about her mother’s care.
How Nicola Thompson and Thompsons Scotland Helped
Following Elizabeth’s death in December 2022, Mechelle wanted her mother’s experiences to be properly recognised.
She approached Thompsons Scotland and was supported by Nicola Thompson, who understood that the family was seeking more than a financial outcome. They wanted answers, accountability and acknowledgement of what Elizabeth had experienced.
Nicola reviewed:
- Photographs documenting Elizabeth’s injuries
- The family’s account of events
- The Care Inspectorate’s findings
- Concerns surrounding Elizabeth’s falls and nutrition
- The communication between the care home and the family
Legal action was raised on behalf of Elizabeth’s estate.
Following an investigation, the care home’s insurer admitted liability and compensation was secured for the family.
The claim did not seek to establish that Elizabeth’s injuries caused her death. It concerned the standard of care she received and the harm and distress she experienced as a vulnerable care home resident.
By choosing solicitors experienced in care home negligence claims, Mechelle had someone on her side who listened, understood the sensitivity of the case and knew how to investigate what had happened.
Nicola Thompson
Nicola Thompson
“Mechelle showed enormous determination in speaking up for her mother when Elizabeth was no longer able to explain what had happened to her.
“The photographs she took, the concerns she repeatedly raised and the findings of the Care Inspectorate were all important in ensuring Elizabeth’s experiences were properly investigated.
“Families place a great deal of trust in care providers. When concerns arise about unexplained injuries, nutrition or failures in communication, they deserve to be taken seriously.
“We were proud to support Mechelle and her family, secure an admission of liability and achieve an outcome that recognised what Elizabeth experienced. Although compensation cannot undo what happened, we hope the result has provided the family with some sense of accountability.”
Why This Care Home Negligence Case Matters
This case demonstrates the importance of families trusting their instincts when something does not feel right.
Unexplained bruising, repeated falls, significant weight loss, unsuitable nutrition or poor communication should not be ignored because a resident is elderly, vulnerable or living with dementia.
Photographs, written notes, emails, medical records and independent investigations can all provide important evidence.
Mechelle’s persistence ensured that her mother’s experiences were investigated and legally recognised. The admission of liability confirmed that the family was right to seek answers.
Frequently Asked Questions
It may include preventable falls, poor nutrition, untreated injuries, medication errors or failures to obtain appropriate medical assistance.
Concerned About the Care of a Loved One?
Raising concerns about the care of a parent or relative can feel overwhelming, particularly when they are vulnerable or unable to speak for themselves.
Thompsons Scotland’s specialist solicitors understand how sensitive care home negligence claims can be. We will listen to what happened, explain your legal options and help you seek answers and accountability.
As Mechelle’s case demonstrates, families should trust their instincts. With the right evidence and specialist legal support, care providers can be held accountable when the expected standard of care has not been provided.
If you are concerned about the treatment of someone in a care home, talk to Thompsons Scotland.
