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August 30, 2021

Care Home Abuse Claims

Care home abuse claims refer to when an individual takes legal action on behalf of his or her vulnerable loved one in a care home against the care home staff or caregivers for negligent or abusive treatment that have caused harm or more complications for the resident.

Our specialist Care home solicitors will listen to you, make a proper assessment of the case and see if you have a valid claim for care home abuse. We will ensure that you get the right care home legal advice, guide and support you throughout the entire claims process.

When we make the tough decision to put a loved one into a care home, we expect that they get the best form of care they deserve. We expect that it should be a safe haven for its residents and that they get round the clock care especially as residents of care home facilities are either vulnerable, aged or disabled and are unable to carry out basic daily activities by themselves without any aid.

Although the greater percentage of nursing homes do their very best to provide quality care to its residents especially those under the auspices of the NHS, cases of abuse, neglect and mistakes which have led to suffering, pain, or trauma to the residents and their families have occurred. It is expected that such nursing abuse claims will continue to rise especially in communities with a high population of elderly people.

For instance, the UK Department of Health receives about 200,000 cases of alleged elderly abuse every year, with 56% of this number (110,000) care home abuse cases occurring in England alone. Therefore, if your loved one has suffered care home neglect or mistreatment in nursing homes you can make a claim for care home neglect compensation.

What is Care Home Abuse?

Care home abuse also know as care home neglect refers to where a nursing home resident is negligently treated, receives poor care and other forms of mistreatment which is not expected of professional caregivers which in turn causes harm, injury, trauma, suffering, further medical complications or even leads to the death of the resident.

Such actions and inactions, negligent treatment by care home staff could include drug prescription and administration, development of pressure sores, neglecting patient complaints among others. Although some errors may be accidental, it is still unacceptable.

We are here to assist and stand by you in your quest to seek justice and get a deserved compensation. A deserving compensation will go a long way to reduce the impact of the pains and suffering, help you access proper medical care and rehabilitation for your loved one while also ensuring that neither you nor loved one has to suffer financially for the ill treatment.

Examples Of Neglect In Care Homes

After many years of representing individuals with care home negligence claims, we have noticed the following as examples of neglect in care homes.

  • Medication errors
  • Exposing care home residents to potentially harmful objects
  • Handling errors
  • Failure to inform the resident’s family when their loved one’s health deteriorates and make proper arrangements for specialist medical help
  • Failing to provide disabled residents with proper mobility aids
  • Failing to supervise and monitor residents leading to cases of residents wandering off from the facility
  • Poor handling of patients with dementia
  • Physical abuse such as use of excessive force to restrain residents
  • Failure to treat bedsores
  • Development of pressure sores as a result of leaving the resident in one position for a long time
  • Failing to replace soiled clothes and beddings with clean ones
  • Failing to provide enough food for the residents
  • Failing to provide appropriate food according to health needs of residents as prescribed by a health professional
  • Ignoring or failing to effectively address residents’ complaints
  • Other forms of abuse such as verbal abuse sexual abuse

In cases like these our lawyers specializing in nursing home neglect in the UK can assist you in suing the Care home and ensure you are adequately compensated.

Why Should I Make Care Home Abuse Claims?

It is important that you seek justice for wrong done to you or your loved one who deserves the best form of care while in a care home.

Therefore, making care home abuse claims is not just about obtaining monetary compensation for the pain, trauma or suffering of a loved one; rather, it is about seeking redress and getting the care home staff to acknowledge that they have failed in their duty of care.

When you make care home abuse claims, it forces the Care Home management and other care home staff to make necessary changes and improvements to ensure they take absolute care of their residents as required so that there will not be a recurrence of the unfortunate incident.

Furthermore, it is only fair and right that you receive a deserving compensation for the physical injury, psychological harm and other forms of suffering or financial losses you and your loved one have had to endure as a result.

Why Is It Important To Ensure Client Care Is Upheld?

It is important to ensure that client care is upheld, as it creates a happy and sustainable relationship. It gives the patients the reason to trust that their needs can be well catered for. By ensuring that client care is upheld, the care home performs their lawful duty of care towards their residents.

How To Claim Back Nursing Home Fees?

Where you have been incorrectly made to pay for a nursing home under the NHS, you can make a claim to recover the fees you paid.

The following processes outlined are steps to be taken to claim back nursing home fees;

  • Write a letter of complaint to the relevant Clinical Commissioning Group (CCG) inviting them to take a review of the past fees paid in past periods of care
  • You will receive the Needs Portrayal Document and/or Decision Support Tool to fill and comment on
  • Meeting with the CCG where extra caution has to be taken so that you will not be made to agree with what may be detrimental to your claim
  • Prepare your written submissions after obtaining medical notes and care home records
  • Having a meeting with the Local Resolution Panel
  • In a case of disagreements, file an appeal for another review at another Local Resolution meeting or write directly to the Independent Review Panel (IRP) conducted by NHS England
  • Finally write to the Parliamentary and Health Service Ombudsman (PHSO) if all other processes fail

The process of claiming back nursing home fees can be very long and daunting however our solicitors specializing in care home fees are ready to help you with legal advice for care home fees and assist you with the entire process.

How Do I Prove My Care Home Abuse Claims?

To prove a care home abuse claim, you must establish that the care home management or staff were first responsible to care for your loved one. For this you will be required to present a document to show where such agreements were made and the terms associated.

You should also demonstrate that they breached their duty of care and that it has led to the avoidable injury, harm, worsened medical condition or death of the resident.

What we mean by this is that, you should be ready to prove that:
  • The caregiver or care home management owed you or your loved one a duty of care
  • The care home management or caregiver breached that duty of care
  • You or your loved one avoidable pain, injury, trauma or other complications as a result of the breach of duty

Our expert care home solicitors are ready to assist you, explain how we can help you do this, what documents are needed to prove your claims and provide answers to every other question you may have concerning the claims process.

How Much Compensation For My Care Home Negligence Claim?

Like every other medical negligence claim, nursing home negligence lawsuit settlements are not fixed but vary as each case is peculiar in its own way. There are various determinants of compensation amount which are not the same in each care home abuse claim and so no two care home abuse claims may receive the same amount of compensation.

The average settlement payout for medical negligence in the UK according to the NHS Resolution is about £50,000, while the average amount of payout for care home negligence is around the £280,000 mark. This value could be more or less depending on the severity of harm suffered and its impact on the individual and family.

Some of the key factors that determine amount of compensation you may receive in your care home abuse claims are:

  • Type of injury or harm suffered
  • Location of injury
  • Severity of the injury
  • Estimated time for recovery if possible (future prognosis)
  • Consequent financial losses (past, present and future estimated costs)
  • Costs of further medical treatment
  • Costs of rehabilitative care

Nursing Home Neglect Attorney Near Me

NHS negligence solicitors are able to represent you wherever you are in the UK. Distance should be a barrier to you receiving the best legal representation for your claims.

You can therefore reach out to us at your earliest convenience for a free assessment of your claim so that we can represent you. Our solicitors are friendly, empathetic and understanding. They will ensure you are well supported in whatever way you require during the claims process. We are dedicated to see that the claims process is not stressful for you and your loved one.

We undertake our care home abuse claims under our No Win No Fee policy. This is a medical negligence funding type that allows you to make your claims without any financial risks to you. What we mean by this is that you do not have to make upfront legal fees before we can commence investigations or represent you. Also, by our No Win No Fee policy, you do not owe us a penny even if your claim is not successful.

However, where the case is successful as most of our cases are, we will take out a “success fee” of not more than 25% from your total award value.

Contact us today and let us assist you make your claims at no costs and win you a deserved compensation.

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