Claim for personal injuries arising from a fall in a care home
Claim for personal injuries arising from a fall in a care home

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • Claim for personal injuries arising from a fall in a care home
  • Parties:

Produced in partnership with Catriona Stirling of Cloisters Chambers

IN THE [COUNTY COURT AT [Insert] OR HIGH COURT] Claim No. [Insert claim number]

Parties:

  1. [Mr JO BLOGGS]        Claimant

  2. [(a patient, by his son and litigation friend MR JOHN BLOGGS]

  1. -and-

  1. [TEMPLESHIRE COUNTY COUNCIL]        Defendant

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PARTICULARS OF CLAIM

(CLINICAL NEGLIGENCE)

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The parties

  1. 1

    The Claimant, a patient, was at all material times under the care of the Defendant, its employees or agents in respect of his nursing and personal care.

  2. 2

    At all material times the Defendant operated, managed and administered a residential care home known as [Insert care home name], situated at [Address] (‘the care home’).

  3. 3

    At all material times referred to below:

    1. 3.1

      the Claimant was under the care of the Defendant and the Defendant owed a direct non-delegable duty to the Claimant in respect of that care;

    2. 3.2

      the Defendant’s staff, agents and employees owed the Claimant a duty of care to treat him with reasonable professional care, competence and skill; and

    3. 3.3

      the said staff, agents or employees had the care of the Claimant pursuant to their contracts of engagement or employment with the Defendant, and, accordingly, the Defendant is liable to the