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St Austell care home was criminally negligent in bath scalding incident

The Health and Safety Executive have said that a Cornwall Care home was criminally negligent in the bath scalding incident which left a 64 year old man in hospital.

Paul Cundy suffered second degree burns to 10% of his body at the care home in St Austell, Cornwall in 2008.

The Health and Safety Executive (HSE) investigation found that the temperature regulator was disconnected and had been for 6 years.

Mr Cundy has cerebral palsy, epilepsy and learning difficulties and was in hospital for four weeks after he was placed in a bath that was too hot.

Comhome Limited and Solor Care Group pleaded guilty to breaching section three of the Health and Safety at Work Act.

Swain & Co. Solicitors say that this is an appalling incident involving a vulnerable adult that could have been prevented.

The HSE said that both companies were criminally negligent in dealing with this obvious and potentially lethal risk.


Swain & Co.’s medical negligence and community care lawyers provide advice and assistance to vulnerable people, including the elderly and the disabled.

We can help with a variety of matters, including:

  • Medical Negligence
  • Social Services Assessments
  • Adaptations to the home
  • Residential care
  • Non-residential care and support
  • NHS care and support
  • Benefits and Grants
  • Funding of Care
  • Disputes and Compensation Claims
  • Mental Health Problems
  • Abuse of the Elderly and Safeguarding
  • Care planning
  • Mental Capacity
  • Deprivation of Liberty Safeguards (DOLS)
  • Negotiating Best interests decisions and attending Best Interests Meetings
  • Court of Protection applications and challenges
  • Enduring / Lasting Powers of Attorney and Deputyship Orders

We can offer advice under Legal Aid and, where appropriate, on a no win no fee basis.

If you need advice or assistance with any of these issues, please call our community care solicitors now on 02380 631111 (Southampton) or 02392 479290 (Havant/Portsmouth).

 

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