What is care home negligence?
When living in a care home we expect a high standard of care and in a lot of cases, this is provided via dedicated staff helping the residents feel looked after in comfortable surroundings. However, Which? have recently found that “half of England’s care homes are not meeting required standards”.
We understand that hearing about your loved one being mistreated in the place they are supposed to be safe can be daunting and leave you and your loved one feeling betrayed as the trust you have given has been broken. The media often informs us of poor conditions and treatment where the expected standard of care has fallen below acceptable so making the choice to use a care home service can lead to second guesses as to whether the right thing has been done.
If you or your loved one has suffered from negligence whilst living at a care home then you could be entitled to compensation, whether you’re claiming for yourself or on behalf of a loved one (due to mental capacity) then contact our team today and find out how we can help you claim the compensation you deserve.
What is classed as care home negligence?
Majority of care home residents are dependant on the care providers and are unable to do simple tasks unaided, therefore, they are very vulnerable. Negligence, towards an elderly person especially, can impact severely on the health of the resident.
The most common types of care home negligence claims are due to:
- Abuse from staff members – including unexplained cuts and bruises or causing changes in the resident’s behaviour
- Medication errors – if a resident has been given the wrong dose of medication or the incorrect medication
- Mental health problems – developing anxiety, depression etc. due to substandard care
- Falls and/or handling errors – if a lack of mobility aids, equipment and supervision has caused a resident to fall, or if a staff member has incorrectly lifted a resident due to not being trained properly
- Lack of food or water – unfortunately, quite a common form of neglect in care homes, lack of nutrition and hydration can cause illness to develop and become much worse, this can even be fatal
- Pressure sores – caused by a residents skin being left in contact with the bed for too long, it is the job of the staff to ensure a resident/patient is moved on a regular basis and has been provided with a suitable bed. These types of sore can develop quickly so it is important that staff maintain regular checks. If left pressure sores can develop into infections such as blood poisoning and gangrene
If you or your loved one are suffering due to care home negligence but none of the above apply to your circumstances then it is likely we can still help you. Contact our team today on 08000 250 250, we can discuss what has happened and give you the legal advice and support that you need on a no-obligation basis.
What if my loved one is too scared to tell anyone, how can I tell if they are being neglected?
The thought of your loved one being neglected in the place they are supposed to be receiving care in is a difficult thing to deal with, but if you think they are too scared to say anything then your concern for them may grow.
If you feel your loved one is being abused or neglected then there are a few signs you can look out for including:
- Bed/pressure sores
- Staff members refusing for you to be alone or even visit at all
- Unexplained bruises, cuts, burns or any other type of skin abrasion
- If your loved one is over-medicated
If you want to discuss this more or gain the legal support you need then contact our team today, if your loved one is being subjected to neglect and/or abuse then they could be entitled to a claim and not only get the compensation they deserve but also regain their dignity.
Why should I claim care home negligence compensation?
When claiming compensation your solicitor will look to include any out of pocket expenses that have arisen due to the negligence as well as the pain and suffering caused to you or your loved one.
Depending on the individual circumstance of your claim there are various factors your solicitor can consider when assessing what exactly it is you can claim for.
As well as getting an acknowledgement and apology for the neglect you or your loved one has suffered, compensation can also help cover financial expenses caused as a result of the accident, for example, additional medical treatment, medication or care.
Claiming compensation can also highlight health and safety factors which could help prevent future cases and other residents suffering due to similar neglect and abuse.
Who is at fault? And where would the compensation come from?
In the majority of care home negligence cases, it is the owner of the care home that is at fault.
It is the care home owners responsibility to ensure all the residents in their home are receiving the correct medical attention they require with the dignity they deserve.
However, with the above being said it is also possible to pursue a claim directly against a member of staff who has been found to be abusing residents.
In cases of care home negligence, there is usually an insurance policy taken out by the care home owner that will cover these types of incidents and compensation claims.
Can I claim on my loved one’s behalf?
Some care home residents/patients may be unable to make a claim on their own, therefore, if you are looking to gain advice, guidance or initiate a claim on someone else’s behalf then contact our legal advice team today on 08000 250 250 to see how we can help you.
How will I be able to fund a compensation claim?
We know care homes can be expensive and on top of any additional expenses you may have had to pay out due to the negligence and/or abuse sustained, understandably, finances maybe low.
In the majority of care home negligence cases, we are able to offer a No Win No Fee agreement. This means there are no upfront costs for pursuing your claim and if your claim is unsuccessful you will not have to pay a penny.
No Win No Fee agreements give people who cannot afford legal representation the opportunity to pursue their legal rights and gain justice by getting the support they require to make a compensation claim.
Our solicitors will work on a success fee basis rather then charging you any upfront costs but, if for any reason, we cannot take your care home negligence claim on a No Win No Fee basis then we will tell you straight away and discuss other options available to you.
So if you feel like you have been let down, let us help you back up, contact our team today on 08000 250 250 and find out how we can help you get the compensation you need without the added financial stress.