Care Home Negligence Claims
Placing a loved one into a care home takes a great deal of emotional investment and confidence in the treatment that they will receive. Many people are forced into this decision as the patient becomes too weak, too ill or loses too much independence to making living alone a viable option. In these instances, the best level of care is desired and expected for all residents.
Any breach in the expected care levels can be devastating for both the resident and their loved ones, and in these instances, it may be possible to claim compensation. When negligence occurs in a care home setting, residents can become ill, injured, distressed or at worst die. The solicitors we work in partnership with have a wealth of experience in attaining the justice and compensation that is due to victims of care home negligence, and would welcome the opportunity to discuss how they might support you in your claim.
What is considered to be negligent care?
When elderly and vulnerable people are unable to live independently and require the facilities and support of a care home, the responsibility of their welfare is placed in the hands of their care workers. The care staff are expected to understand each person’s individual needs and work to ensure their comfort, health and security are a priority at all times.
Unfortunately, this duty of care can be breached which is unacceptable and can lead to a severe impact on a resident’s life. Some of the most common cases of care home neglect include:
- Errors in administration of medication or failing to administer medication at all
- Failure to move patients regularly resulting in pressure sores or bedsores
- Failure to detect symptoms of new or worsening illness
- Handling errors resulting in pain, damage to bones, muscle or skin
- Poor hygiene management resulting in infection or unacceptable living conditions
- Poor dietary management such as dehydration or malnourishment
- Ignoring basic human rights such as failure to provide fresh bedding, failure to clean patients or replace soiled clothes.
- Abuse – either physical or emotional
Negligent care can occur as a result of an accident, oversight, or in the most harrowing cases, as a consciously planned action. We believe that any form of neglect is unacceptable and that seeking justice and compensation is important in order to be compensated for losses and ensure that others do not suffer as you or your loved one has.
How to I make a care home negligence complaint?
Your solicitor will have extensive experience in processing care home negligence claims and would be pleased to discuss your specific needs. They offer a free no-obligation initial consultation where they will assess the details of your individual case and answer any questions that you might have.
In order to make a successful claim for compensation following care home negligence, your solicitor will need to prove that the care staff provided services that fell below the expected standards and that in doing so, you suffered harm, either physically or emotionally. They do this through gathering evidence such as:
- Copies of medical records that confirm your symptoms
- A thorough record from you of the neglect that you suffered
- Details of the staff members that were responsible for your neglectful treatment
- Copies of any witness statements that back-up your claim
- Information relating to the treatment that you have needed in order to recover from the neglectful care
Once they have gathered sufficient evidence and information, your solicitor will bring a case against the defendant, in this case the care home, and begin to negotiate a settlement on your behalf.
Your solicitor will work with determination and commitment to secure the highest award possible on your behalf.
Can I claim on behalf of someone else?
In many instances, victims of care home neglect are unable to initiate a claim for compensation themselves, and so family members or those close to them may act on their behalf. In order to make a claim on behalf of a loved one, your solicitor will require the consent of the victim and will then be able to work with you to secure compensation on their behalf.
How much compensation will I be awarded?
The compensation amount that is awarded to you will vary dependent upon the severity of the neglect shown to you. The greatest compensation amounts are awarded to those who have suffered the worst symptoms and effects of neglect. Your solicitor will take great care to demonstrate the impact that the neglect has had on you, both physically and mentally, and will seek to secure the highest award value possible on your behalf.
Through thorough case management and the gathering of all significant evidence, your solicitor will work with commitment and empathy to ensure that those who neglected you and failed in the responsibility to your wellbeing are made accountable for your suffering.