A settlement has been agreed between the care home and the woman’s estate without an admission of liability after delays in acting on her pain. 

The family of a 98-year-old woman has settled a legal claim against Portland-based independent care provider Agincare after claiming she was left in severe pain for days while loud construction works, including pneumatic drilling, were carried out directly outside her room at St Peter’s Park Care Home in Bexhill. 

The claim, brought on behalf of her estate by her son, related to events in March and April 2022. Staff recorded that the woman was in significant pain on 5 March 2022, yet there was a delay of several days before urgent medical attention was sought. Communication with the GP surgery was carried out by email rather than telephone, despite previous advice to the home that acute concerns should be phoned through. 

When a paramedic practitioner eventually saw her days later on 10 March, she was immediately taken to hospital. Hospital staff later diagnosed Margaret with a severe infection and noted she should have been seen “days earlier”. 

A safeguarding investigation concluded that Margaret “suffered severe pain for longer than necessary”. 

Disregard for the comfort and dignity 

The woman suffered a relapse of the infection and was readmitted to hospital in early April. Her condition continued to deteriorate, and she was placed on an end-of-life care pathway on 24 April 2022 and died on 6 May 2022. 

Her son raised concerns with the care home about the delays in acting on his mother’s pain and the impact of the drilling noise on his mother’s wellbeing. He contacted the Care Quality Commission, police and health and safety executive in an attempt to seek help and advice, but was repeatedly told that there was nothing they could do to intervene. 

A settlement has been agreed between the care home and the woman’s estate without an admission of liability. 

“This case highlights a deeply troubling disregard for the comfort and dignity of an elderly and vulnerable resident. While the care home management pushed ahead with extensive building works, the basic care [the patient] needed was not provided,” said Leigh Day senior associate solicitor Beatrice Morgan, who represented the family. 

“The refurbishment of a care home should never be prioritised over the well-being of the people living there. Older residents must not be treated as an afterthought. The extent of [her] suffering was entirely avoidable, and her family has shown huge courage in seeking answers and accountability,” she added. 

In a statement to Healthcare Today, an Agincare spokesperson extended condolences to the woman’s family. “The safety and well-being of all residents at St Peter’s Park Care and Nursing Home remains our highest priority,” the firm said.

“At the time, we reported [the woman’s] death to the local authority safeguarding team and to our regulatory authority, the Care Quality Commission (CQC), in line with proper procedure. We cooperated openly and fully with all external investigations into her death, and no action was taken against the home,” the firm added.