Compensation for care home abuse or negligence

If you or a loved one have suffered care home abuse or negligence, you could be entitled to make a no win no fee compensation claim.

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Care Home Negligence Claims

Placing a loved one in a care home takes a lot of emotional investment and confidence in the treatment they will receive. Many people are forced into this decision as the patient becomes too weak, too ill or loses too much independence to make living alone a viable option. In these situations, the expectation is that the best level of care and attention will be provided to residents.

Any breach in the expected care levels can be devastating for both the resident and their loved ones. In such cases, it may be possible to claim compensation for any negligence that has resulted in illness, injury, distress, or even fatalities. Our partner solicitors have a wealth of experience in achieving 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.

To find out if you have a valid care home claim, call 0800 470 0474 or arrange a call back with a friendly legal adviser who can let you know within minutes if you are entitled to seek compensation.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    What is considered to be care home neglect?

    When elderly and vulnerable people are unable to live independently and require the facilities and support of a care home, the responsibility for 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 have a severe impact on a resident’s life. Negligence in a care home can consist of a range of actions or inactions that fall below the expected standard of care, resulting in harm or injury.

    It can include things such as failing to provide adequate food and water, appropriate medication or medical care, hygiene or personal care, and failing to provide a safe environment. Negligence and abuse can also include instances of physical, emotional or sexual assault or neglect. Any breach in the expected care levels can be considered negligence and may be grounds for a care home claim.

    Some of the most common cases of care home neglect include:

    • Errors in the 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
    • Failure to provide adequate supervision, resulting in injuries or accidents
    • Failure to provide adequate mobility assistance, resulting in falls or injuries

    Care home negligence can occur due to an accident, oversight, or in the most traumatic cases, as a consciously planned action. We believe that any form of neglect is unacceptable and that seeking justice is essential to be compensated for losses and ensure that others do not suffer as you or your loved one has.

    Do I have a valid care home negligence claim?

    Care workers have a legal obligation to act in a way that is reasonable and prudent in caring for their patients, and they must do everything reasonably possible to ensure their safety and well-being. This obligation is based on the common law duty of care and secured by legislation such as the Health and Social Care Act 2008 and the Care Act 2014. Care workers are expected to provide care of a reasonable standard, and if they fail to do so and their patient is harmed as a result, they may be liable for negligence.

    Care home claims can be made by victims of negligence or their loved ones if there is evidence to show that:

    • The care home breached its duty of care by committing an intentional or negligent act
    • The claimant suffered an injury or illness as a result of that act
    • The care home abuse or negligence occurred within the relevant time limit

    The time limit to make a care home negligence claim is usually three years after the date of an accident or after becoming aware of an injury. If you fulfil all of the above criteria, a solicitor can help you seek compensation for any harm and financial losses resulting from the negligence of the care home staff.

    Did you know? The Care Quality Commission (CQC) is an independent regulator that is responsible for monitoring, inspecting and regulating the levels of service provided by care homes throughout England.

    What do I need to make a care home negligence complaint?

    Your solicitor will have extensive experience in processing care home 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 case and answer any questions you might have.

    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, in doing so, you suffered harm, either physically or emotionally. They do this by gathering evidence such as:

    • Copies of medical records that confirm your symptoms, such as x-rays and doctor’s notes;
    • A thorough record from you of the neglect that you suffered;
    • Details of the staff members that were responsible for your neglectful treatment;
    • Statements from witnesses who have observed the care home’s conduct can help support your care home claim. These can include family members, friends, or other residents in the care home;
    • Information relating to the treatment that you have needed to recover from the neglectful care;
    • Photographs or videos of the living conditions in the nursing home and any harm the resident has suffered due to the care home abuse;
    • Any correspondence between you and the care home if you raised your concerns formally, such as emails or letters;
    • Expert testimony from medical professionals or other experts can help to establish the standard of care that the care home should have provided and how the staff’s conduct fell below that accepted standard;
    • Any CCTV footage that might have captured your accident, which your solicitor could secure on your behalf;
    • Financial proof for any expenses incurred after the care home negligence, such as receipts and invoices;
    • Your contract with the care home serves as evidence of their commitment to delivering a specific standard of 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.

    Rest assured that the care home is legally obliged to have insurance to cover the eventualities of a claim such as yours. Therefore, any financial award will be paid by their insurer and not the home directly, meaning that other patients will not suffer because of a financial loss to the care home. Your solicitor will work with determination and commitment to secure the highest award possible on your behalf.

    Types of care home abuse and negligence that could lead to a claim

    There are several types of care home abuse that could lead to a personal injury claim, including:

    Physical abuse

    Physical abuse in care homes refers to any physical harm or injury inflicted on a resident by staff or other residents. That can include hitting, pushing, kicking, or any other form of physical assault. Physical abuse can also involve the inappropriate use of restraints or medications to control residents, causing them harm. Physical abuse is a serious issue that could lead to severe physical and emotional consequences and can be grounds for a care home abuse claim.

    Emotional abuse

    Emotional abuse can involve threats, humiliation, intimidation, or verbal abuse, causing emotional distress or anxiety. It can include verbal abuse, such as shouting or belittling, as well as non-verbal forms of abuse, such as ignoring or isolating a resident. Emotional abuse can cause significant harm to a resident’s mental health and well-being, leading to depression, anxiety, and other psychological problems. Care homes have a legal and moral duty to provide a safe and nurturing environment for their residents, and emotional abuse is a clear violation of this duty.

    Financial abuse

    This is a form of mistreatment where a care home resident’s finances or property are exploited, misused, or stolen without their consent or understanding. It can occur through various means, such as stealing cash or valuables, pressuring the resident to sign documents or give away assets, or manipulating them to change their will or power of attorney. Care home staff or other residents may perpetrate financial abuse, as well as friends or family members outside the care home. It is a serious issue that can have devastating effects on the resident’s quality of life and well-being.

    Sexual abuse

    Care home sexual abuse refers to any sexual contact, behaviour or activity between a care home resident and a staff member, another resident or a visitor without the resident’s consent. This type of abuse can range from indecent exposure and sexual innuendos to rape and includes every level of abuse in between. It can cause long-lasting physical and emotional harm to the victim and could be grounds for legal action against the care home and the offender.

    Neglect

    Care home neglect refers to situations where a care home fails to provide a sufficient level of care, attention or support to a resident, resulting in harm or injury. It could result in many types of care home claims, including:

    • Failure to provide adequate food or hydration
    • Slips, trips and falls due to poor housekeeping or failure to provide adequate support to residents while moving or getting out of bed
    • Handling and lifting errors due to a lack of proper training or sheer negligence
    • Failure to maintain personal hygiene
    • Isolation and lack of proper supervision
    • Pressure ulcers and pressure sores that have developed because the care home resident was left in the same position for too long

    Medical negligence

    Medical negligence can occur when a care home fails to provide an adequate level of medical care to its residents, resulting in harm or injury. That may include failing to properly administer medication, not providing adequate medical attention to a resident’s conditions or injuries, or failing to refer a resident to a medical specialist when necessary. Care home medical negligence can have severe consequences for the health and well-being of residents and can result in long-term injuries or even death.

    If you or a loved one has experienced any of these forms of abuse or others not listed here in a care home, you may be entitled to make a compensation claim.

    Can I make an injury claim on behalf of someone else?

    In many instances, victims of care home neglect cannot initiate a claim for compensation themselves, so family members or those close to them may act on their behalf. To make a care home claim on behalf of a loved one, you will need to be appointed as their litigation friend.

    To become a litigation friend, you must apply to the court and provide evidence that your loved one lacks the capacity to manage their own affairs and make decisions about the claim. You will also need to show that you have no conflicts of interest that would prevent you from acting in your loved one’s best interests.

    Once you have been appointed as a litigation friend, you can work with a solicitor to gather evidence, build a case, and pursue the claim. The solicitor will guide you through the legal process and ensure your loved one’s interests are protected. During the claims process, you will have several duties and responsibilities, including:

    • Make decisions in the best interest of the claimant;
    • Keep updated on the legal proceedings;
    • Instruct solicitors and take legal advice;
    • Pay any fees requested by the court;
    • Attend court hearings and speak on behalf of the person you represent;
    • Keep the claimant informed about the progress of the case and make sure they attend all their medical appointments;
    • Consider any settlement offers made by the other party;
    • Manage any compensation received on behalf of the person you represent and make sure the funds are used for their benefit.

    Any vulnerable victim of care home neglect should be confident that whether a solicitor deals with their case directly with them or through their loved one, they will never compromise on their commitment to securing the highest award possible.

    To learn more about starting a care home negligence claim on behalf of a loved one, call 0800 470 0474 to speak to a legal adviser. Or, if you prefer, fill in our online claim form to receive a call back, with no obligation to proceed with a claim.

    How much compensation for care home negligence can I claim?

    The compensation amount that is awarded to you will vary depending upon the severity of the neglect shown to you. The highest compensation amounts are awarded to those who have suffered the worst symptoms and effects of care home abuse. Your solicitor will take great care to demonstrate the impact the neglect has had on you, both physically and mentally, and will seek to secure the highest award value possible on your behalf.

    The compensation amount is assessed by considering various factors, such as the severity of the harm caused, the impact on the claimant’s quality of life, and the cost of any ongoing care or support required due to the injury. It may cover a wide range of losses and is divided into two categories: general damages and special damages.

    General damages in a personal injury claim refer to compensation awarded for the physical and emotional harm suffered by the victim due to the negligence of the staff. These damages may include:

    • Physical pain and suffering
    • Loss of quality of life
    • Emotional and psychological distress, such as stress, anxiety and depression
    • Physical injury and impairment
    • Loss of companionship
    • Loss of reputation or humiliation

    The exact amount of compensation awarded for general damages will depend on the severity of the harm suffered and is determined on a case-by-case basis by a court or settlement negotiations between the parties involved in the claim. The Judicial College offers guidelines for the assessment of general damages, some of which are listed in our online compensation calculator.

    Special damages are meant to compensate the victim for any financial losses or expenses they have incurred as a direct result of the negligent care provided by the care home. Examples of special damages in a care home claim may include:

    • Medical expenses, such as the cost of any medical treatment or medication required as a result of the negligence;
    • The cost of any rehabilitation or physical therapy needed as a result of the care home negligence;
    • Travel expenses to and from the hospital or if family members need to travel to visit the resident or attend meetings with the care home staff;
    • Loss of income if family members have had to take time off work to care for the resident;
    • The cost of any medical devices or home adaptations required to cope with an injury or disability;
    • Funeral expenses if the resident has passed away as a result of care home abuse.

    Your medical negligence solicitor will work tirelessly to collect all relevant evidence and manage your case with dedication and compassion, to hold accountable those who neglected you or your loved one and disregarded their responsibility for your well-being. They will carefully consider all your losses to ensure you are fully compensated in a care home negligence claim.

    What is the time limit to make a care home claim?

    Under the Limitation Act 1980, care home claims usually have a three-year time limit, starting from the date of negligence or when you became aware of an injury, known as the date of knowledge. If you do not begin legal proceedings within this time, your case becomes statute-barred, and the court will typically no longer accept it.

    There are some circumstances where the claim limitation date is different from the usual three-year period, such as:

    • If the care home resident was under 18 when the negligence occurred, the time does not start to run until their 18th birthday. Afterwards, they will have until their 21st birthday to start a medical negligence claim.
    • If the claimant does not have the mental capacity to take action, the three-year time limit does not apply, and a litigation friend could pursue compensation on their behalf at any time.
    • If a loved one was the victim of wrongful death due to care home negligence, you could start a claim within three years of the date of death. If a post-mortem has confirmed the cause of death at a later time, the three-year time limit will start on that date.

    As with any personal injury claim, the sooner you seek legal advice, the better. That will ensure you will not miss any crucial deadlines and will make it easier to gather the necessary evidence to prove liability and secure compensation for the care home negligence you endured.

    Can care home claims be made on a No Win No Fee basis?

    Care home claims can be difficult on both a physical and emotional level, but the solicitors we work in partnership with will always offer you a No Win No Fee* service if your case has merit. That means you do not have to pay anything upfront to get legal advice and representation and will not be left out of pocket if your claim is unsuccessful.

    This peace of mind is secured by the Conditional Fee Agreement (CFA) between you and your solicitor, through which they assume the risk of litigation. As stated in the CFA, you do not have to pay any upfront fees to your lawyer, and you do not pay them anything unless you receive compensation for your pain, suffering and financial losses.

    However, if the care home negligence claim is successful, the solicitor will receive a percentage of the compensation awarded. This is known as a success fee and will be agreed upon with your solicitor before starting the claims process. By law, the success fee is capped at 25% of your settlement for general damages and past financial losses.

    As part of the No Win No Fee agreement, you will also benefit from legal expenses insurance. At the beginning of your case, your solicitor will secure After the Event (ATE) insurance on your behalf, which covers all the costs incurred during claiming in the event of a loss, including:

    • Court fees
    • Expert witness fees
    • Medical reports
    • Travel expenses
    • The other side’s solicitor fees
    • Costs of printing and copying
    • Barrister fees if the claim goes to court

    You only have to pay for the cost of the ATE premium if your care home claim is successful. Otherwise, it is considered a disbursement and will be covered by the insurance policy. If your case fails, you will not incur any out-of-pocket expenses.

    To find out if you could start a No Win No Fee claim for care home abuse, call 0800 470 0474 today or enter your details into the contact form below to receive a call back from a friendly legal adviser.