Background
John is a self-employed disability support worker, who cares for multiple clients with mobility issues. John has been a carer for over a decade, and prides himself on his ability to make day to day tasks easier for his clients. As an independent contractor, John is responsible for managing his own business operations, including client interactions, scheduling and service provision.
The Incident
During a home visit, John’s client slipped and fell while receiving assistance from John. The incident occurred as John was assisting his client in transferring from a chair to the bed. As a result of the fall, the client sustained minor injuries that had to be treated by a GP.
The Investigation
Following the incident, John initiated his own internal investigation as to the cause of the fall.
The investigation revealed the incident was primarily caused by a wet floor, and lack of proper assistance during the transfer. John acknowledged he had not taken sufficient precautions to prevent the client from slipping, such as ensuring the floor was dry, and using appropriate mobility aids.
The Claim
The client filed a professional indemnity claim against John, alleging negligence in providing proper care and ensuring a safe environment. The claim sought compensation for medical expenses, as well as pain and suffering.
Resolution
John notified his professional indemnity insurance provider about the claim. His insurance company initiated an investigation and appointed a legal team to handle the case. They reviewed all relevant documentation, including the client’s medical records, care plans, John’s case notes, as well as his policies and procedures for assisting clients with mobility issues.
The case went through mediation, where both parties attempted to reach a settlement. Eventually, a settlement was reached, with John’s insurance company agreeing to compensate the client for the medical expenses incurred following the fall. Investigation, defence and settlement costs were covered by John’s insurance policy.
Key Takeaways
- Professional indemnity insurance played a crucial role in protecting John through the claims process, cover legal expenses and potential compensation.
- Thorough documentation, including care plans, incident reports and policies and procedures, helped support John’s defence.
- Carers should maintain ongoing training and education to stay updated on industry standards and safety protocols to enhance the quality of care provided.
