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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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I am a manager of a day centre for elderly people with

Customer Question

I am a manager of a day centre for elderly people with dementia and mental health, one of my ladies had a fall on 5th dec 2012, she was in hospital until jan 2013 and was returned home in jan 2013 she was then returned to hospital and sadly died in feb 2013. at the end of of april her daughter has been asking questions about her mums fall, I have answered every question, she has so far not made a complaint, I need advice. Diana XXXXX

Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.
1. At the outset you need to realise that in order for there to be any liability in law, there must have been some culpable carelessness or negligence on the part of the staff members of where you work. Many old people suffer falls due to their balance and walking no longer being good. But there is no legal consequences for this occurring. In order that there be liability the old person must have been dropped, pushed or let fall from the care of members of staff. If you were a manager and not directly dealing with this lady, then in order for there to be any consequences for you, it would have to be shown that there was a failure by you to properly supervise or monitor the staff members dealing with this lady. Again there must be some negligence or culpable failure on your part. Just because questions have been asked by the daughter of this lady does not mean that there are any liability consequences. Still less, that any legal case can be proved. Accordingly, as Mark Twain said "I am an old man now & had a life full of troubles. Most of which never happened". So you should wait until there is an actual complaint before you think about worrying about it all.
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