Care Home Negligence Claims
The choice to move themselves or their loved one into a care home or nursing home is not one people make lightly. In many instances, it is a last resort, and upsetting for a family who wants to care for their loved one at home in familiar surroundings but who is simply unqualified or unable to meet their medical needs.
The decision is so personal and painful that it can be devastating when the standard of care is not merely below acceptable standards but is neglectful, disrespectful and potentially even life-threatening. Your chosen caregivers have violated your trust so you need to know you can rely on your professional personal negligence solicitors to help obtain appropriate compensation.
The Medical Negligence Experts can help you get compensation if you have been injured as the result of care home negligence. We also represent families who have lost a loved one as the result of negligent care, or who are acting on behalf of a relative who is suffering a condition like dementia and does not have the ability to manage their finances on their own.
If you believe you may have grounds for a claim for compensation for negligent care, ask The Medical Negligence Experts for legal advice today. Our specialist medical negligence lawyers can help determine whether you have cause to make a claim and how to proceed. There is no charge for this consultation, and there is no obligation for you to apply for compensation, but it will answer any questions you have and give you the information you need to make an informed choice about requesting payment for damages.
What is Care Home Negligence?
With people living longer and families living further apart, care homes are a viable option for elderly or infirm people who need assistance on a day-to-day basis but who are not in need of hospital treatment and who want to maintain a degree of independence. It does not matter why they have chosen to live there, they are entitled to feel safe, comfortable and cared for.
If you are worried your loved one is not receiving an acceptable standard of attention, then report your concerns to the manager of the facility. Keep a record of any evidence you believe supports this such as photos of bruising, injuries or weight loss, and notes from what you have seen on your visits. Your concerns should be adequately investigated and addressed, with any necessary actions being taken to fix the problem.
Old age and ill health make patients in care homes and nursing homes particularly vulnerable to mistreatment. Care home negligence happens when those paid to look after a person’s physical and emotional welfare are neglectful in their duties. There are many ways a care home can be negligent with instances including:
- Failure to prevent pressure sores by not moving a patient regularly in bed or their wheelchair, or providing them with the equipment to do this themselves.
- Not identifying and treating bed sores quickly to prevent them becoming infected.
- Giving a patient the wrong dose of medicine, or even mixing up their medication completely with another patient’s.
- A poor standard of staff training which leads to injury caused by preventable mistakes.
- The causing of injuries like bruising or fractures when moving a patient, such as between their bed and a chair.
- Not providing bed rails, grab bars, walking frames or walking sticks and other mobility aids that can lead to an accident.
- Insufficient monitoring or supervision of patients with mental illness.
- Inadequate support during mealtimes that causes dehydration or malnutrition.
- Lack of nursing care that allows a condition to deteriorate unnecessarily.
A high profile example of nursing home negligence was a claim made by the family of a woman who died as the result of being given an excessive amount of Warfarin, an anticoagulant drug which thins the blood and is used to prevent blood clots from forming in the arteries. The patient was administered three times the required dose and subsequently bled to death.
Care home negligence does not only refer to elderly patients. A non-aged related example of a successful care home negligence claim was made by the husband of a woman who attempted suicide while in a secure mental care facility in 2008 when she was 34. Although her attempt was unsuccessful, it did leave her with significant brain damage that meant she would require a lifetime of nursing care. The court determined the health facility where she was staying was guilty of neglect through inadequate monitoring, and a substantial amount of compensation was paid in both recognition of her future care needs, and the loss of the financial contribution she made to the household.
How Can We Help?
The Medical Negligence Experts appreciate the range of emotions you may be feeling when you first consider making a claim for negligence. Anger that your loved one received such poor treatment; a sense of betrayal that the care home abused your trust; confusion about how you can put things right; and possibly even guilt that a person you love was in that situation in the first place. These are all normal feelings to have, and we will help you by making the compensation claim process as straightforward as possible.
There is a three-year time limit from the date of personal injury so do not delay in contacting us. We will talk to you in depth about your situation, and seek advice from independent medical professionals when necessary to assess whether your claim has merit. We will then collate the required evidence and present it to the care provider with a request they compensate you accordingly. If they refuse, we will refer the case to court. However, this is the last resort as we appreciate how distressing it can be for some clients.
As the claimant, the responsibility lies with you to justify your claim. You have to demonstrate the extent of your injury as well as prove that it was caused by negligence and not through pure bad luck or an underlying condition. This is another reason we recommend that you talk to us at the earliest opportunity, as we can advise what evidence will be required to support your claim. We know from experience that it is faster and easier to obtain this information, which includes items like medical reports, photos, correspondence between you and the care home manager, witness details, and other tangible evidence before too much time has lapsed.
Compensation is not only about making sure you are not out of pocket financially due to poor care, but it is also about receiving a formal acknowledgement of your pain and suffering. A successful application for payment of damages will address these although it is important to note that it will not lead to an apology or even the assurance that procedures will be changed to make sure your experience is not repeated for another patient. Talk to your lawyer about the options available if these are also your desired outcomes.
No Win No Fee* Medical Negligence Claims
We make first class legal support affordable with our No Win No Fee* agreement. This conditional agreement minimises any financial risk associated with making an application for compensation. It works together with an “After the Event” insurance policy. If your claim is unsuccessful, then you do not have to pay your solicitor’s fees, and the insurance coverage will pay the defendant’s legal fees. If your claim is successful, then you will pay your lawyer a success fee which is a percentage of your compensation agreed at the start of the process.
In addition to making quality legal advice and representation affordable, No Win No Fee agreements give you the extra reassurance that your medical negligence solicitor will be doing everything in their power to ensure you receive the highest possible compensation payment because if you don’t receive compensation, then they don’t get paid. We will take the time to investigate your case to establish whether it has a good chance of success before we advise whether or not you should proceed.
Care Home Negligence Compensation FAQ
Can I claim compensation for care home negligence?
You may be able to claim compensation if you have received negligent care that has caused an injury or illness you would not otherwise have suffered. You can also raise a claim on behalf of a victim who is unable to act for themselves legally. Any money awarded in this instance would go into a trust to be used for their care and comfort, or to their family or estate in the case of claims raised for wrongful death from negligence.
Before advising whether you have grounds to make a claim, your solicitor will examine:
Whether your care provider failed in their duty of care. Did they take all reasonable steps to avoid this situation or did they ignore or underestimate the risk?
Were you, or the person who you are acting for, injured as the result of this negligence, or was an existing condition exacerbated? It is possible to receive negligent care without suffering an injury, just as it is possible to receive an injury that did not result from negligence.
How long will a compensation claim for care home negligence take?
While we can’t tell you exactly how long your claim will take to process, we can inform you that applications which involve straightforward injuries and where responsibility is not disputed concluded sooner than those where the long term prognosis of a patient is unclear, where the other party denies liability, or where evidence supporting the claim is not readily available.
What evidence will I need?
Supporting evidence can include:
- Medical reports detailing any injuries, including photographs that show the extent of visible injuries such as bruising.
- The contract with your care home which is evidence of their agreement to provide an acceptable standard of care.
- A diary noting conversations you have had regarding the perceived negligent care, details of incidents of perceived negligent care and the effect this has had on you (or the victim if you are acting on their behalf.
- Receipts for any expenses incurred as the result of negligent care.
Can I raise a medical negligence claim for someone else?
The Medical Negligence Experts regularly work with family or close friends of victims of medical negligences who are unable to bring about the claim themselves. Compensation is paid to the victim, or into a trust if they cannot manage their legal affairs and finances.
How much money will care home negligence compensation will I receive?
Your medical negligence solicitor will advise what they believe to be a fair amount of compensation based on the nature of your injury, the implications it has on your life and any associated costs you have incurred as a result, including transport and prescription costs.
Is there a time limit for claiming compensation?
In most instances of care home negligence, claims must be brought within three years of receiving negligent treatment. The exceptions are if the victim was under the age of 18 at the time they were injured, in which case they have until their 21st birthday; or if the injury is not immediately linked to negligent care, in which case the time limit starts from the date this is officially known.
Even if you are unsure if you can claim compensation, we are happy to help by answering any questions you have about your eligibility and the application process.
Contact The Medical Negligence Experts today to make a free, no-obligation enquiry about how we can help you seek compensation for care home negligence. You can either call directly or, if you prefer, you can fill out our online contact form and we will phone at a time that suits you.
*conditions may apply
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you choose us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Lawyers
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert care home negligence claims solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your care home negligence case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.