When we entrust our loved ones to a residential care home we expect them to receive the highest standards of care and attention. In most cases, our relatives will be well looked after, but sometimes the standard of care can fall short of what’s expected. This can lead to injury or illness and reduced quality of life for your relative.
When this happens you may be able to make a compensation claim for care home negligence.
Examples of care home negligence
There are a wide variety of different scenarios that can be classed as care home negligence. Some of the most common are:
Care home residents will often have multiple medication needs. When they require a different combination of medications, errors in administering that medication can occur. When the wrong medication is administered or there is a failure to administer medication, the consequences for the resident can be serious.
Care home staff may also fail to keep accurate and up-to-date records, or they may receive inaccurate instructions from their superiors. In some instances, there may have been an incorrect diagnosis perhaps because the care home staff failed to properly assess the resident’s symptoms.
Care home residents are at risk of developing painful pressure sores. If these are left untreated they can become infected and can restrict a patient’s ability to move and can ultimately require more extensive treatment.
Sores have a variety of causes such as a patient being left in bed for a long period of time or plaster or dressing being applied incorrectly.
Handling errors and falls
Falls are one of the most common care home negligence issues. They might be caused by incorrect handling, perhaps by staff who have not been properly trained, or a resident might not have been provided with the correct mobility aids. Falls also occur when a resident with known mobility issues is not properly supervised.
Neglect and abuse
Thankfully, issues of neglect and abuse in care homes are rare. When deliberate abuse or neglect does happen, it is deeply traumatic for the individual concerned and horrifying for their loved ones. If you suspect your relative has suffered from deliberate neglect or abuse in their care home it’s important to seek professional legal support as soon as possible. A legal expert will be able to assess the details of the case and prove that any injury was caused by deliberate abuse or neglect.
At Mark Reynolds Solicitors, we understand how sensitive care home neglect and abuse cases can be and we can help you and your loved one achieve justice.
The Covid-19 pandemic saw thousands of care home residents losing their lives as a result of the incorrect discharge of people with Covid-19 back to their care homes. This allowed the virus to spread within care homes resulting in thousands of elderly and frail people becoming infected. Even those who survived the infection may now be struggling with long Covid and the quality of their life has been reduced considerably.
It may be possible to make a care home negligence claim as a result of their Covid-19 policies. Cases need to be thoroughly investigated to establish if negligence has caused loss of life or significant injury. This will include looking at any procedures or policies that were put in place, PPE and other safety measures, and how well these were abided by.
If the care home didn’t have a policy to prevent transmission and the spread of the virus, or a testing and isolation procedure so that cases were limited, or those policies and procedures were ignored or poorly implemented, then this may be a case of Care Home Negligence.
How much might a Care Home Negligence claim be worth?
Each Care Home Negligence case will be different and this will be reflected in the amount of compensation that may be awarded. The level of the compensation will be determined by the severity of the injury and the impact that injury has had on your life or the life of your loved one. A compensation claim may also contain an amount to cover any financial losses, as well as any costs incurred securing additional care, treatment or rehabilitation.
Is there a time limit for making a Care Home Negligence claim?
A care home negligence claim should be made within 3 years of the date of the negligence occurring, or from the date that you first became aware that you or your loved one suffered injury or illness as a result of negligence. There are some exceptions to the three-year rule which our experienced team of negligence experts will be able to advise you of.
How much does it cost to make a Care Home Negligence claim?
Most care home negligence claims will proceed on a No Win No Fee basis. This means that at the beginning of the claim the parties will enter into a conditional fee agreement. In this, the claimant agrees to pay fees if they win their claim and receive a payout. If a case is lost then the claimant will not be liable to pay any fees.
How can Mark Reynolds Solicitors help?
The experienced team at Mark Reynolds Solicitors can help you make a successful Care Home Negligence claim. We provide confidential support and advice throughout the process. We will advise about the strength of your claim and outline your options. If we think your claim is likely to be successful we can advise about the likely size of any compensation payout.
We also understand that for many clients the size of the payout is secondary to receiving the recognition that negligence took place. A care home negligence verdict against a care home can help them improve their policies and procedures to ensure that it doesn’t happen again.
We know that care home negligence cases can be upsetting so we always deal with every aspect of your case with sensitivity. All of our client conversations are completely confidential.