What is care home negligence?
When you, a family member or friend enter a care home or hospice you expect a professional standard of care. So, it can come as something of a shock when the care provided within the home falls below the expected standard. It could be dangerous or, even worse, life-threatening.
It’s important to remember that many people are cared for extremely well in care homes and hospices. However, there are occasions when the care administered to residents is unacceptable. This can result in significant distress, pain and injury for the resident.
As care home negligence solicitors, we’re here to help when you or a loved one has been let down. Contact us today to discuss whether you have a claim.
What are common care home negligence complaints?
Older and vulnerable people are reliant on those around them, especially when they go into a care home. And, although it shouldn’t be the case, the level of care received in UK care homes varies considerably. Unfortunately, care home negligence can have a serious effect on the health of those affected.
The following scenarios could mean that you have a claim for care home negligence compensation:
Pressure sores – These can be incredibly painful and difficult to treat. Once healed, they can leave unsightly scarring and weaker skin that may be vulnerable to recurrence. Carers should carry out frequent checks to look for areas where sores might develop if patients spend long periods in bed. There should also be rounding measures in place and aids, such as air mattresses or cushions, made available to vulnerable residents. If sores are not checked or treated once identified, infection can set in. Bed sores and ulcers should not occur if a resident’s care is to the required standard.
Poor lifting procedures – Care home staff should be trained how to safely lift residents in and out of bed when needed. Failing to follow the correct procedures could result in distress or injury.
Prescription errors – Prescribing the wrong dose or drug can have a major impact, especially on individuals whose health may already be compromised. In addition, administering pharmaceuticals late or at the wrong time of day can put a patient’s health and well-being at serious risk.
Injuries from falls – Incorrect handling or not giving sufficient assistance to get in and out of beds or baths can result in serious injury to a care home resident. As older and vulnerable people are at a higher risk of falling, the correct mobility aids and equipment should be used. Staff should be trained to lift residents safely to avoid injuries.
Care home abuse – Every care home resident should be checked throughout the day, bathed regularly and fed properly. They should never be the recipient of verbal or physical abuse.
Please don’t worry if your experience isn’t listed above, as we may still be able to help you. If a loved one has been injured or suffered from care home negligence, the team at Been Let Down can help to make it right.
Who can make care home negligence claims?
Everyone is entitled to make a claim against a care or nursing home if they’ve been harmed by something done, or not done, while staying there. If you or a loved one has received substandard care resulting in injury, you may be able to make a care home negligence claim.
No matter what your circumstances might be or what you’ve been through, talk to our friendly team when you’re ready. You’ll receive impartial advice, and we’ll help you explore all the options available.
As soon as we’ve talked you through the care home injury claims process, we’ll leave you to decide whether you’d like to go ahead. Please note that there are time limits involved in bringing a claim, which will be discussed on a case-by-case basis.
Why make a care home negligence claim?
Making negligence claims against care homes can help to obtain compensation, to be able to pay for any future necessary private medical treatment and/or additional equipment. Your claim may also highlight safety issues or prompt necessary changes to improve care standards and may stop others from suffering in a similar way.
Once compensation is received, it can help the care home resident in several ways:
- Private medical treatment
- Alternative care provision, perhaps even at home
- Help with domestic requirements, such as housework or assisted meal times
- Help with personal care
- Modifications to the home or assistive equipment to aid daily living
- Replacing any financial losses
If you or a loved one has suffered due to poor treatment or handling in a care home, then get in touch with our highly skilled and knowledgeable legal team.
Carla Duprey Solicitor in our Medical Negligence Team says;
“We put our trust in Care Homes to look after our family members as if they were their own. There is nothing more upsetting than when this trust is broken, and we find out that our loved ones have suffered neglect and injuries as a result of poor care. The clinical negligence team have dealt with a number of care home claims, ranging from clients who have developed pressure sores to clients who have passed away as a result of poor care. We understand the emotional nature of these claims and the need to get a resolution as quickly as possible”.
What sort of care home negligence claims are successful?
If a claim is made due to substandard care which has caused injury and loss, and this can be substantiated, there is a likelihood of achieving care home compensation. We’ve successfully fought claims for:
- The lack of provision of correct equipment, care, or handling
- Not providing walking aids, wheelchairs, bed frames, or adequate assistance
- Not using the correct techniques to move or lift patients
- Incorrect prescriptions or administration of medication
If you feel you have a possible claim against a care home, let our care home negligence solicitors help. We will listen carefully, take full details of what occurred and confirm if you have a potential case for care home negligence.
Why trust Been Let Down with your care home negligence claims?
Our care home negligence solicitors are on hand to help you get the compensation you deserve. We’ll guide you through every stage of the claims process and offer you our wealth of legal expertise and practical support.
If you’re searching for advice about care home negligence, here’s why you should come to Been Let Down:
- We are authorised and regulated by the Solicitors Regulation Authority (SRA) – the body that sets the professional standards that solicitors follow across England and Wales. We’re also members of the Liverpool Law Society and The Law Society.
- We have specialist knowledge gained across a wide spectrum of care home negligence and injury claims.
- We have a high success rate. You’ll be supported by a qualified solicitor from day one, who will advise you on whether you have good grounds for a successful care home negligence claim.
- We take on many cases on a No Win No Fee This is also known as a Conditional Fee Agreement (CFA). Our expert medical negligence solicitors can discuss funding options with you further.
- We are highly rated. You can read our client reviews to get a glimpse of our professional, tailored approach to each compensation case we take on.
Contact our care home negligence solicitors today
Get in touch now and find out how we can help with your care home claim. Our expert medical negligence solicitors have a wealth of experience to empathetically guide you through the care home negligence claims process.
Call us at 0800 234 3234 or contact us and a member of our legal team will call you back.
Care home negligence claims FAQs
There is no quick answer to this question, but our care home negligence solicitors will work hard to understand the complexities of your case and take that into account when building your claim.
Care home negligence cases are complex and every claim is unique. Your solicitor will advise you on what they believe to be a fair amount of compensation. This can depend on:
- The nature of your injury
- Any costs you’ve incurred because of the negligence, including transport, medical equipment and prescription costs
- Any psychological or physical damage caused by your incident
If you or your loved one has suffered low standards of care at the hands of a negligent care home or its staff that has resulted in illness or injury, you could take legal action against the care home.
When you get in touch with our care home negligence team, our solicitors will examine whether the care provider failed in their duty of care and whether all reasonable steps were taken to avoid this situation.
Having the right evidence to corroborate any allegations of care home negligence will increase your chances of receiving the compensation you deserve. Supporting evidence will vary from case to case but some examples include:
Medical records – These show what injuries or illnesses have been recorded and can be supported with photographs of physical injuries.
Correspondence – Any correspondence between you and the care home raising your concerns formally could support your case, including letters and emails.
Evidence of expenses – You can help prove the costs incurred due to care home negligence with any relevant invoices or receipts.
CCTV footage – You should request a copy of any CCTV footage after an incident has occurred. It is important to do this as soon as possible, as there is the risk that footage could be deleted.
Care home contract – This is the evidence of their agreement to provide suitable standards of care.
As is the case for most instances of medical negligence, you have three years from when the incident occurred to bring your case forward.
Exceptions to this time limit apply if the injury is not immediately recognised as a result of negligent care or if the person making the claim is under the age of 18 at the time of their injury. In these cases, the time limit starts from the date the negligence is known or the person making the claim has three years from the date of their 18th birthday to bring a claim.
If you are unsure about whether you can still claim care home compensation, we’re happy to discuss your eligibility with you at length. Speak to our specialists today to see how we can help you make your claim.
Cases of care home negligence are complex and may not conclude quickly. This is especially true when the long-term prognosis of a patient is unclear, when the other party denies liability or when evidence supporting the claim is not readily available.
All claims are different so some may take longer, depending on the specifics of your claim.
No matter what your circumstances might be or what you’ve been through, talk to our friendly team when you’re ready. You’ll receive impartial advice and we’ll help you explore all the options available to you.
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Sara is a qualified Solicitor and Head of the Liverpool Clinical Negligence Department at Been Let Down.
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