Care Home Negligence Claims

Much like children, the elderly hold a special place in our hearts. The decision to place a loved one into residential care can be heartbreaking and is never easy.

Care Home Negligence Claims

Much like children, the elderly hold a special place in our hearts. The decision to place a loved one into residential care can be heartbreaking and is never easy. Having to make such a decision usually follows a period of prolonged decline in health for the person concerned.

Residential care homes are supposed to offer a safe solution to a difficult situation, however, far too often they only add to the problem.And it is when substandard care causes illness or injury to those concerned that serious medical negligence occurs.This guide details the various shapes care home negligence can take and how to begin the process of claiming compensation.

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What Is Care Home Negligence?

Care home negligence is a consequence of inadequate safeguarding, poor staff training, and substandard living conditions. It is unforgivable and entirely avoidable when appropriate risk assessments are carried out and basic standards of care maintained.

You expect the very highest standards of care from the carers and facilities in whom you place your trust. It is unacceptable when you learn that this trust has been breached- and often traumatic for those directly impacted.

Examples Of Medical Negligence In A Care Home

People often associate accidents in care homes with a lack of supervision, although negligence can take many forms including:

Untreated pressure sores
Slips, trips, and falls whilst unattended
Falls due to lack of grab rails or mobility aids
Fractures due to falls, including those requiring hip replacements
Given the wrong medication or somebody else’s medication, resulting in illness
Failure to detect an illness which then deteriorates
Dehydration and malnutrition as a result of neglect
Injuries caused by poor manual handling by staff, such as during washing and bathing

Recent findings by the Care Quality Commission have specifically highlighted COVID-19 related care home deaths as a leading outcome of care home negligence.

If you or someone you know has experienced negligence in the ways described above then contact us to begin your claim.

Potential Compensation Awards In Clinical Negligence Claims

If your claim is successful the amount of compensation you receive will be based on the injuries and suffering you have endured as a result.

These are commonly referred to as general damages and are based on Judicial College guidelines.The table below will give you a general idea of how much compensation you could receive for specific care home-related injuries.

You can contact us to obtain more information about how much compensation you are entitled to.

Special Damages In Care Home Negligence Claims

In addition to general damages, special damages can also be awarded to reflect the financial impact that negligence often causes.Under certain circumstances, the special damages awarded can be greater than the general damages awarded and reflect:

The personal cost of any medical treatment arising from the negligence
Cost of medication
Changes to care or living arrangements
Physiotherapy or rehabilitation paid for out of pocket

Special damages are dependent on you producing appropriate proof of expenditure in the forms of receipts.

It is essential that you keep detailed records so that your chosen lawyer can help you get as much compensation as possible.

No Win No Fee Agreements And Medical Negligence Claims

No Win No Fee funding agreements allow you to obtain legal representation without incurring any out of pocket legal costs.Your lawyer offers to represent you on this basis under the expectation that your claim will be successful. They recover their fees by deducting a small percentage of your compensation. This is known as a success fee.

How Do I Make A Medical Negligence Claim For Care Home Neglect?

Lawyers use the following three principles to judge the merits of your negligence claim. Firstly, the care home must owe a duty of care to the resident which, second, has then been breached or violated. Finally, that breach in care must have directly caused injury, harm, or suffering to those affected.

If a care home has provided negligent or substandard care that did not result in injury or illness, then this would not be enough to claim compensation for.

The Limitation Act 1980 sets out the strict time frames for making medical negligence claims.

Negligence claims must be made within three years of the date the negligent treatment was received.

In cases where the negligence amounts to an ongoing chain of events, the time limit begins on the most recent date that the negligence occurred.

And where the negligence was not immediately known to you, the time limit begins from the date you became aware or had it confirmed. If the person concerned is now deceased, their next of kin can claim for them. To find out more about how we can assist with your care home negligence claim, call 0800 xxx XXXX. Alternatively, you can email us at info@xyz.co.uk

Other Clinical Negligence Resources