Care Home Negligence Claims
The decision to move a family member or loved one into a care home facility is a difficult one. In fact, many consider it a place of last resort when they are unable to provide the quality of care their loved ones need. Still, you put a great deal of trust in your chosen caregiver and are confident that your loved one will be looked after with respect. As a result, it can be painful and devastating to find out that the standard of care not only falls below the acceptable level, but your loved one has been a victim of care home neglect.
Most care and nursing home facilities maintain a high standard of care. They are a safe place where the older generation are able to live knowing that they will be comfortable and away from harm. Unfortunately, there are times when some care homes fail to keep up to this standard, and this may lead to injury, long-term health problems or even death. If you or a loved one have been a victim of negligence at a care home, our dedicated care home solicitors can help you seek justice and obtain compensation.
The Most Common Types of Care Home Negligence
Medication errors can make the condition of an elderly person worse and even have life-changing consequences. Medication and prescription errors include administration of the wrong medication, failing to review a patient’s medical history, and misdiagnosis leading to wrong administration of medication.
Pressure sores are injuries to the skin which develop when there is prolonged pressure on the skin. It may also be a result of the incorrect application of plaster after a fracture. In any case, pressure sores are extremely painful, and take a long time to heal; they can lead to infection and result in mobility issues for the patient.
Care home residents are typically elderly ones who are vulnerable. As a result, they could experience falls if caregivers handle them carelessly, they do not receive adequate supervision or are not provided with mobility aids.
Making a Complaint About Poor Quality Care
If you are not satisfied with the quality of treatment provided by your care home, you can make a complaint to the relevant body before proceeding with a claim. While a complaint will not result in compensation, it will help you find out what really happened. As you go through the complaint process, contact our care home solicitors for guidance.
To make a complaint:
You may find it helpful to speak with the care home management. You can register your concern via email or the care home’s representative for managing complaints. When writing, you should provide a clear and detailed explanation, stating what your concerns are. At this stage, most issues of substandard care can be resolved. However, even if there is a resolution at this stage, this does not mean you cannot go on to pursue a care home neglect claim.
If you do not receive a satisfactory response, you can take your complaint to the Local Government & Social Care Ombudsman. Every county has one such body. You may also inform the Care Quality Commission (CQC) about the quality of care you received, but it is important to note that the CQC does not handle complaints on an individual basis; they only review reports on the general quality of care provided by care home facilities. If you are unhappy with the response of the local government ombudsman, our care home solicitors can advise you on what steps to take.
After putting forward a complaint, you should keep your options open by allowing a place for dialogue with the other party.
Am I Entitled to a Claim for Care Home Neglect Compensation?
You may be entitled to a care home neglect compensation claim if you have been a victim of negligent treatment and suffered harm as a result. You can also make a claim on behalf of a victim who cannot bring a claim forth on their own. If you are unhappy with the outcome of your complaint, you can pursue a claim against the care home for compensation.
Before determining whether you have valid grounds for a claim, our care home solicitors will establish the following:
- Whether your caregiver failed in their duty of care;
- Whether they took all reasonable steps to protect you from harm;
- Whether you suffered an injury as a result of the negligence, or your condition was made worse.
It is possible to be a victim of care home neglect without suffering an illness or injury; so, our care home solicitors not only help our clients establish negligence, but demonstrate a direct link between the negligence and the injury suffered.
Making a Care Home Neglect Claim
Our care home solicitors employ a sensitive approach when handling cases, prioritizing the best interests of our clients at all times. Our specialist care home solicitors will help determine if there are valid grounds for a claim and advice you on how to proceed. The initial consultation is free, and you are under no obligation to work with us. If you are unsure about how to proceed, we will provide answers to your questions and give you the information you need to make the right decision regarding your case.
As the claimant, you are under obligation to justify your claim. This is why we recommend that you get in touch with us at the earliest opportunity, so we can advise on what supporting evidence would be needed to build a claim on your behalf. Typically, evidence for care home neglect includes:
- Contract with the care home facility showing their agreement to provide care;
- Medical reports detailing your injuries;
- Documentation of the timeline of events leading up to the incident;
- Expert medical opinion
- Details of the financial impact of the negligent treatment.
Compensation for care home neglect not only helps to cover the cost of ongoing treatment and financial losses, but represents an acknowledgement of the pain and suffering you have endured. However, it is important to note that a claim for care home neglect will not result in an apology or guarantee that another patient will not suffer the same fate. If this is your desired outcome, talk to our care home solicitors to discuss available options.
Who Can Make a Care Home Neglect Claim?
Under the law, there are four distinct entities that can pursue claims for care home neglect compensation:
- The victim: In the vast majority of cases, the person who suffered harm as a result of the negligent treatment will make claims against the care home.
- Dependants of the victim: If the victim is unable to pursue a claim due to the injury, or the negligence has resulted in the death of the victim, then claims can be made by the victim’s dependents.
- Family of the victim: The immediate family members of the victim can act on his/her behalf if the victim cannot make a claim on their own.
- The victim’s estate: Where the victim is unable to pursue a claim on their own, the estate can do so on their behalf.
If you are unsure about who can make a compensation claim on behalf of the victim, please get in touch with us. nhsnegligenceclaim.com works with families of those who have suffered harm as a result of medical negligence in a care home facility. Compensation is usually awarded to the victim, or sent into a trust if the victim is unable to manage their affairs on their own. Our care home solicitors will be happy to help.
How Long Will a Care Home Neglect Compensation Claim Take?
Typically, most medical negligence claims take somewhere between 18 months to 3 years to conclude. However, the duration of a claims process will depend on how complex the case is; while some may be resolved within a year, the more complex cases can last up to six years. Factors that determine the length of a claims process include:
- Whether there is clarity as regards the person’s long-term prognosis;
- Whether the other party accepts or denies liability;
- Whether supporting evidence for your claim is readily available.
How Much Compensation Can I Expect for Care Home Negligence?
Our care home solicitors will advise you on what they believe to be a fair compensation amount for your injury. Generally, the compensation award you receive will depend on:
- The nature of your injury;
- Financial losses incurred as a result
There are two types of damages you can claim: general damages and special damages.
This compensation covers the physical impact of the care home neglect, including pain, emotional trauma, as well as any long-term damage caused by the injury.
This compensates for the financial losses incurred as a result of the care home negligence – from your out of pocket expenses to the future estimated losses. Examples of special damages include medical expenses, travel costs, care costs, and funeral expenses (in the case of death of the victim).
Every care home negligence case is unique, so it is important that you contact our care home solicitors to find out what you can claim for and an estimate of what you can expect.
Generally, there is a three-year time limit within which you are to bring a claim. However, a few exceptions to this time limit apply if the victim was under the age of 18 when the injury occurred – they will have until their 21st birthday to start a claim. Another exception is if the quality of care is not initially considered negligent; in this case, the time limit will begin from the date of knowledge.
If you are unsure about whether you are within the time limit to make a claim, our care home solicitors will be happy to answer any questions regarding your eligibility.
No Win No Fee Care Home Neglect Claims
At nhsnegligenceclaim.com, we make top-quality legal support affordable by offering to work with our clients via a No Win No Fee agreement. With this agreement in place, you wouldn’t incur the financial risk associated with making a care home negligence compensation claim.
There will be no need to pay upfront solicitor fees and, if your claim is unsuccessful, you wouldn’t pay us anything. If the claim is successful, then a success fee will be deducted from your compensation award. The success fee is 0-25% of your compensation – and this fee will be agreed at the start of your claim.
A No Win No Fee agreement gives you the guarantee that our care home solicitors will do everything possible to ensure your claim is successful and you receive the maximum compensation. You can trust us to take the time required to conduct an investigation on your case so we can determine whether there is a reasonable chance of success before our care home solicitors advise on whether or not you should proceed with the claim.
How We Can Help
nhsnegligenceclaim.com understands how emotionally draining it can be for those who decide to pursue care home negligence claims. You may feel betrayed that a caregiver abused your trust or anger that a loved one suffered such substandard treatment. It is normal to feel a range of emotions at this difficult time, and our care home solicitors will help you make the claims process as hassle-free as possible.
As there is a general three-year time limit for making medical negligence claims, we recommend that you do not hesitate to contact us if you think you or a loved one has been a victim of care home negligence. Our care home solicitors will discuss details of your case, and seek the opinion of an independent medical expert to determine whether you have a valid claim.
Q: Who is eligible to make care home negligence claims?
If you or a loved one has received poor quality care at a care/nursing home and suffered injuries as a result, you may be eligible to make care home negligence claims. Examples of care home neglect include pressure sores, medication errors, failing to recognize symptoms of an illness, or failing to provide mobility aids to help with routine tasks.
Q: How much does it cost to make care home negligence claims?
All care home negligence cases taken on by nhsnegligenceclaim.com are handled on a No Win No Fee basis. This means you will not have to pay any upfront solicitor fees, effectively taking off the financial risk associated with making a care home negligence claim. If your claim is successful, a success fee will be deducted from your final compensation award. This success fee is a percentage of your compensation and will be agreed on at the start of your claim.