Leeds dementia sufferer, 85, breaks her pelvis and spine

A dementia sufferer broke her pelvis and spine after falling 30ft from a window which was not properly secured at the nursing home where she lived, a court heard.

Barbara Milroy, 85, was found dangling from the second floor window of her bedroom by care staff before falling to the ground below.

Mrs Millroy survived the fall on February 5, 2015, but suffered breaks to her pelvis, hip socket, lumbar spine and right ankle and spent eight weeks in hospital.

Samuel Green, prosecuting, told Leeds Crown Court that her daughter Janet said she could hear her mother ‘screaming out in agony’.

She fell from her window and spent eight weeks in hospital

Barbara Milroy, 85, (left) fell from her bedroom window and ended up in ‘agony’ (right) before spending eight weeks in hospital 

The pensioner suffered horrific injuries, including to her right ankle (pictured), after the fall at the care home where stayed

The pensioner suffered horrific injuries, including to her right ankle (pictured), after the fall at the care home where stayed

She suffered breaks to her pelvis, hip socket, lumbar spine and right ankle and spent eight weeks in hospital

She suffered breaks to her pelvis, hip socket, lumbar spine and right ankle and spent eight weeks in hospital

He read a victim impact statement which referred to the incident at Lofthouse Lodge in Wakefield, West Yorkshire.   

It read: ‘She went from being independent and mobile, being able to wash and dress herself and being relatively independent to being completely reliant on two personal carers and being confined to a wheelchair.

‘Mum always loved to be out and about with family members for a coffee and scone and at that time she could walk with a frame.

‘We did not know if mum had survived this and it was very traumatic.

‘He injuries caused her excruciating pain – we could hear her screaming out in agony. I will never forget that that terrible scene.’

Referring to a report into the incident by Leeds City Council health and safety inspector, Simon Byrne, Mr Green told the court the pensioner had become unsettled at the dementia unit where she lived just hours before her fall from her bedroom window.

Mrs Milroy claimed staff were trying to keep her locked up and, prior to her fall from her bedroom window, she attempted to climb out of a window in the home’s television room before being stopped by staff.

Mr Green also told the court Mr Byrne had expressed serious concerns after visiting the care home in September 2014.

He found that ‘numerous windows at the nursing home were capable of being opened beyond the recommended 100mm’.

Mr Green said: ‘Many windows were opening in excess of 100mm – up to 175mm.

The 85-year-old was seen dangling from her second-floor window at the Lofthouse Lodge (pictured)

The 85-year-old was seen dangling from her second-floor window at the Lofthouse Lodge (pictured)

Barbara Milroy with daughters Janet Milroy (left)  and Gill Salter (right) was heard screaming in agony

Barbara Milroy with daughters Janet Milroy (left)  and Gill Salter (right) was heard screaming in agony

Mrs Milroy claimed staff were trying to keep her locked up and, prior to her fall from her bedroom window

Mrs Milroy claimed staff were trying to keep her locked up and, prior to her fall from her bedroom window

‘Mr Byrne indicated in his report a list of actions which must be taken, including making sure windows were adequately restricted to 100mm and identifying any windows which presented a rick to health and safety.’

The home’s manager, Mr Richards, assured Mr Byrne he would ensure all windows were restricted to 100mm by sturdy fastenings.

Lofthouse Lodge employed a private contractor called Jade Windows to secure the windows in October 2014.

However, Mr Green said there was no evidence any due diligence had been carried out by Lofthouse Lodge in respect of work carried out.

A visit by Mr Byrne the day after the accident, in February 2015, confirmed the window in Mrs Milroy’s bedroom opened up to 220mm.

He also found window restrictors had been fastened to only one of the two hinges on the windows and one window capable of being opened to up to 350mm.

John Cooper, defending, said Orchard Care Homes was ‘desperately sorry’ and had taken several steps to address window safety, including more regular inspections and replacing its restrictors with more sturdy devices.

Orchard Homes admitted breaching its general duty to a person other than an employee and will be sentenced later. 

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