A devastated family have told how their mum died just a few days after she was found ‘screaming in distress’ on a care home floor – and say they still haven’t received an apology.

Josephine Tucker, 79, who had advanced dementia, was alone in her room at St Georges Care Home in Leicester when she fell – and was only discovered by chance when her husband David called to visit, who raised the alarm.

Tragically, the mum-of-three died two days later. While the fall did not cause her death, it and the multiple other falls formed part of a civil action claim brought by Josephine’s family alleging that St Georges had breached its duty of care towards her. After taking provider Prime Life Limited to court, sons Mark and Paul Tucker say they uncovered a “catalogue of failings” far worse than they could have imagined.

The family said records disclosed by staff showed she had suffered pressure sores and at least six falls while in their care. Two of the falls even happened on the same day, with the first resulting in a head injury. Despite this, the family say there was nothing in Josephine’s notes to suggest that she had been seen by a medical professional, and no signs that any updates had been made to her care plan or falls risk assessment.

Prime Life, which runs more than 60 care homes across the country including St Georges, has now agreed to pay a five-figure sum in damages to the family, bringing an end to the case. But the company has not apologised, or admitted any liability in response to the allegations – adding to the hurt felt by the family. The case was settled in court without admission of liability.

Josephine, who previously worked in hospital catering, was diagnosed with dementia in 2016 and moved into the home two years later in August 2018. Her son Mark said the move was initially supposed to be only for respite, as his dad had been struggling to cope with caring for her at home, but the family decided “with great reluctance” to make it permanent as she “seemed quite content with the move once she was settled”. He added: “Dad only lived down the road so went most days and Paul and I would visit regularly. But then of course, Covid hit.”

The amount of time they could spend with Josephine became drastically shorter when the home locked down for the coronavirus pandemic in March 2020, with in-person visits either completely suspended or limited to one person in a specially constructed ‘pod’ until restrictions were lifted the following summer. The physical deterioration in his mum during that period was shocking, Mark said, although at the time they put it down to the pandemic and her having been isolated from her family.

But one particular incident in March 2021 began to give them doubts about the level of care she was receiving. When the family asked staff to check that Josephine was still wearing her wedding rings, they allegedly sent a photograph back showing her with severely swollen hands, and the wedding rings missing. The family said other rings left on her hand were cutting into her fingers. Mark, 58, said: “They sent us a photo of mum’s hand and her wedding rings were indeed missing, but what was of greater concern was two of her other rings cutting into her middle finger and her hand which was visibly red and swollen. We have no idea how long mum had been suffering for, but it must have been causing her considerable pain, yet it was only at our request that the fire brigade was called to cut the rings off.”

GP records two months earlier had recorded Mrs Tucker “holding her hand clenched”, and days after the incident in March 2021 described her hand as being “swollen and contracted” and “in pain when they attempt to open the hand”. The care home did not provide any records from February 1 to April 1.

Then, on 14 August 2021, David visited and found his wife of more than 60 years screaming in distress on the floor of her room. He tried to raise the alarm but said the two emergency bells were not working, and was forced to call for a nearby cleaner to help.

Josephine died two days later, with septicaemia and a chest infection recorded as the cause of death, but Mark said the family had no idea that she had been suffering from either. He said attempts to get answers from the care home staff frequently saw nothing in response, and apparent gaps in her care began to emerge as he got his hands on some of the records through the civil action.

He explained: “The care home records also did not show whether staff had heeded the GP’s advice to give Josephine antibiotics and pain relief in the days leading up to her death. Initially, we instructed solicitors because we wanted to get to the bottom of what had happened in the days leading up to mum’s death. We had asked St Georges ourselves, but they just seemed to be avoiding our questions. It was only when we saw the care records, that we discovered some of the truth.”

Mark added: “To learn that mum had been shouting out in agony, so close to death with sepsis, was so distressing. It still is. But then to read that so many care failures had taken place over such a long period of time was just devastating for us as a family. Having entrusted our mum’s care to St Georges, it was a sickening read.

“The thought that mum, because of her condition, wouldn’t have been able to alert us to any of this was also very upsetting. Dad had a massive stroke shortly after mum died before his subsequent death in 2023 and we never really told him the full extent of what happened.

“They had such a happy life together and so many great times travelling all over Europe in their motor home. Mum was such a bright force, a really fun person to be around. She really was dad’s soulmate and for him to have known everything she went through would have been too much for him to bear.”

Elline Demetriou, a specialist medical negligence solicitor at Osbornes Law, represented the family in their civil action against Prime Life Limited. She said the law firm’s investigations “uncovered a litany of failings”, adding: “That in itself has been very difficult for her family to come to terms with, but the fact that they had to pursue legal action to find out what had happened has added to their distress. All they have ever wanted is the truth about their mum’s care and assurances that lessons had been learnt. I hope that now the legal action has settled, St Georges will give them the apology they are waiting for and feel they deserve.”

Mark has also lodged a complaint with the Care Quality Commission about his mum’s treatment. An inspection by the regulator just weeks after Josephine died found “there were not enough staff to provide quality care and support” and said St Georges required improvement, although a subsequent inspection in March last year rated the service as good.

Simon Van Herrewege, chief operating officer for Prime Life, told the Mirror that the company was “pleased that a resolution to the legal claim was reached” and offered his “sincere condolences” to the family. A statement released on behalf of the firm said: “Prime Life want to extend their sincere condolences to the family of the late Mrs Tucker. We were sorry to hear that they were unhappy with the care provided to her and this has been carefully reviewed and investigated.

“Following this investigation, we are pleased that a resolution to the legal claim was reached and we wish the family all the best for the future. Further, St Georges was inspected by the Care Quality Commission last year and received a good rating in all key lines of enquiry.”

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