I Suffered Nursing Home Or Care Home Negligence, Could I Make A Compensation Claim?
In most circumstances, nursing homes are safe and caring environments where patients are treated with proficiency and respect. With members of staff and the care home itself being held to a code of ethics, the level of treatment provided within a care home is often to a high standard. However, if a care home or a member of staff were to breach their duty of care, it could cause an innocent person avoidable injury or harm and trigger the beginning of a care home claim.
If you or a loved one have been made to suffer due to care home negligence, then you might be searching for legal advice. Throughout this guide, we shall discuss how a breach of duty could lead to an avoidable accident in a care home, and it shall answer the most commonly asked questions regarding the personal injury claims process.
If at any point you wish to discuss your potential claim, why not pick up the phone and speak to one of our advisers? Our knowledgeable and experienced team are available 24 hours a day, 7 days a week, and they can offer you a free, no-obligation consultation.
Jump To A Section
- A Guide To Claims For Care Home Negligence
- What Is Negligence In A Care Home Or Nursing Home?
- Care Home Usage And Injury Statistics
- How Infections Should Be Controlled In Care Homes
- Care Home Negligence Leading To A Wrongful Death
- Claims Against NHS Care Homes
- Slips Trips And Falls In Care Homes
- Medication Errors In Care Homes
- Pressure Sore Injuries In Care Homes
- Failing To Meet A Primary Health Care Need
- Workplace Accidents In Care Homes
- How To Claim On Behalf Of A Loved One
- Care Home Negligence Compensation Claims Calculator
- Special Damages Victims Of Care Home Negligence Could Claim
- How Our Team Could Help You To Make A Compensation Claim
- No Win No Fee Claims For Nursing Or Care Home Negligence
- Begin Your Claim Against A Care Home
- Nursing And Care Home Claims Resources
A Guide To Claims For Care Home Negligence
Care home negligence compensation claims
Moving into a care home is a life-changing decision. There are various reasons why someone would move into a nursing home, such as the need for additional support, to improve their quality of life, or for access to around the clock care.
As a care home resident, you have the legal and ethical right to safe and effective treatment and, to ensure good medical practice has been achieved, there are strict measures set in place. These measures ensure all healthcare personnel work to high and safe standards. If a nursing home breached their obligations, it could lead to an innocent person being injured or harmed.
Below, we’ll discuss how our panel of solicitors could support those that are seeking compensation for care home negligence. This guide will answer the following questions:
- What is a personal injury claim?
- How could a nursing home cause a resident harm?
- What is a duty of care?
- What makes for a good care home?
- Can I sue a care home?
- How could Legal Helpline support me when pursuing a compensation claim?
After reading this guide, you should have a general understanding of the claims process and how our panel of solicitors could be of assistance. However, if you have any additional questions regarding your potential claim, or, if you have any questions referring to the points that have been made within this guide, why not give us a call? Our experienced team of advisers would be more than happy to speak with you, and they discuss any queries that you might have..
What Is Negligence In A Care Home Or Nursing Home?
Nursing home negligence is often caused when a professional breaches their duty of care, causing an innocent person avoidable injury or harm. Unfortunately, there are various examples of care home negligence, which include:
- Wrongful death.
- Medication errors.
- Insufficient monitoring of patients.
- Inadequate infection treatment.
- Mistreated pressure sores.
- Slips, trips, and falls.
If you or a family member have suffered injuries or illness due to the negligent actions of a nursing home, then you might be questioning whether you have valid grounds to make a claim. Within the following sections, this guide shall discuss various types of care home negligence and how our panel of solicitors could support those who wish to make a claim.
Care Home Usage And Injury Statistics
According to the NHS, the rate of injury is considerably higher for those who live in a care home. Slips, trips, and falls are often a significant threat to the older population. In fact, around 90% of all reported injuries to residents in care homes are connected to slip trips and falls. Accidents of this nature can often lead to serious injuries, such as broken bones and fractures. This is evident from the number of hip-related injuries affecting the older population. 10/20% of institutional falls result in a hip fracture, and 25% of people who were admitted to an acute hospital for a hip fracture came from care homes.
How Infections Should Be Controlled In Care Homes
For people that are living in a care home, an infection or infectious disease can be a serious, and in some cases, life-threatening experience. In many situations, an infection can be easily spread from person to person if it isn’t effectively treated. As outlined by GOV.uk, good infection control and prevention is essential in every care home, and effective prevention and control must be applied to everyday practice.
All care home personnel must be able to perform the required measures in the event of an infection, and a record should be kept that describes those that are suspected or confirmed to have an infectious disease. The following information should be documented:
- Name
- Age/Date of Birth
- The type of symptoms
- Diagnosis
- Samples taken/sent
- GP’s name & address
- Outcome
A failure to act or treat an infection could cause a pre-existing condition to deteriorate, or, it could develop into a life-threatening condition known as sepsis. If a care home has caused your infection to deteriorate, resulting in pain and suffering that could have been avoided, then you could have grounds to make a claim for compensation.
Care Home Negligence Leading To A Wrongful Death
Here at Legal Helpline, we understand how devastating it can be to experience the wrongful death of a loved one. No amount of compensation can erase the devastation that has been inflicted.
If you decide to pursue a claim for compensation, a solicitor from our panel could potentially support you and offer to handle your wrongful death claim. In order to make a claim of this nature, you must be able to provide evidence that connects the negligent actions of a care home to the loss of a loved one. Evidence plays a crucial role within the claims process, and a failure to provide evidence could hinder your claim’s potential.
Claims Against NHS Care Homes
If you or a loved one has been injured due to the negligent actions of an NHS care home, then you might be questioning whether you have grounds to make a claim for compensation. In order to make a claim against a care home, the home must have breached their duties of care. The Social Care Institute for Excellence states that a care home has legal obligations to:
- Have a clear understanding of their duty of care.
- Uphold good practice.
- Know how to clearly identify and respond to adverse events, comments, and complaints.
- Act in the best interest of patients.
- Act with safety and proficiency.
If an NHS care home neglected these duties of care and caused avoidable harm, then you may have grounds to make a claim for compensation. Give our team of friendly advisers a call to find out more.
Slips, Trips Or Falls In Care Homes
A slip or trip accident can cause an array of injuries, such as broken bones, fractures, and head injuries. The Health and Safety Executive (HSE) state that a slip or trip is often caused by one of three factors, which includes:
- Obstructed walkways
- Poor design and Maintenance
- Inadequate housekeeping
Care homes have an obligation to both their employees and their patients to prevent slip, trip or fall incidents from occurring. To do so, they could perform risk assessments, routine inspections, provide training, and uphold a high standard of housekeeping. A failure to comply with these required steps could make a care home liable in the event of a slip, trip or fall accident. So if you have been injured in a slip or trip accident and require legal support, please contact a member of our team today.
Medication Errors In Care Homes
The process of prescribing, dispensing, monitoring, and providing medication is a role that should be approached with extreme caution. Concerning care homes, the NHS state that care homes are obligated to have arrangements set in place to report incidents and to monitor adverse reactions.
Members of staff are also required to have the skills, knowledge and qualifications to treat and apply medication to their patients effectively. This means all staff members must understand their patients’ medication requirements. A failure to provide them with the necessary treatment could be considered a breach of their duty of care. For example, if a medication error occurred due to a lack of training or knowledge, it could lead to serious health implications, such as kidney damage, bladder damage or in severe cases, death.
In order to make a claim for a medication error, you must have suffered a degree of avoidable injury or harm. If you were prescribed the wrong medication but haven’t experienced any adverse effects, then you would not be able to claim compensation.
Pressure Sore Injuries In Care Homes
A pressure sore, also referred to as a bedsore, is a wound that is commonly caused by consistent pressure or friction to one area of the body. The repetitive chafing can cause damage to the skin, prevent normal blood flow and potentially lead to the cells within the skin breaking down and dying.
In nursing homes, injuries of this nature are often connected to older patients or those who are bed-ridden. If a care home resident were to suffer from a bedsore, then the care home’s employees must be able to treat the wound accordingly. This includes cleaning, applying a dressing to the wound, using static foam mattresses, encouraging a healthy diet and regular movement. A failure to treat the wound accordingly could be considered a breach of duty.
Failing To Meet A Primary Health Care Need
A primary need may also be defined as a healthcare requirement, as it highlights a patient’s particular wants and needs. The primary need for a patient could include numerous different factors. For example, this could include the action of providing food, medication, as well as any required assistance with bathing, cleaning, and day-to-day activities. If the primary needs of a patient are neglected, it could cause a vast array of health-related problems. Carers are obligated to understand the individual requirements of each patient, and a failure to uphold and perform this obligation could be considered a breach of their duty of care.
Workplace Accidents In Care Homes
As a place of work, nursing homes are obligated by law to provide their members of staff with applicable training, perform risk assessments, uphold a high level of housekeeping, and perform routine inspections. Not only will these obligations ensure hazardous causes have been prevented, but they will ensure all members of staff are working at a safe and effective level. This ensures all workers are protected from avoidable accidents.
However, if a care home neglected these crucial obligations, it could lead to a member of staff being injured. Not only could this make the care home liable in the event of an accident, but it could cause the employee avoidable trauma and injuries.
If you have been injured at your place of work and wish to make a claim, then you might question whether there are steps you could take that would support your potential claim. Citizen’s Advice has provided some potential steps you could follow:
- Take photographs
- Swap contact information with those who witnessed the incident
- Write notes regarding your incident
- Report the incident to your place of work
- Make sure your accident is logged in the workplace accident book (and get a copy).
How To Claim On Behalf Of A Loved One
Losing a loved one is often a devastating and life-changing experience. Nobody can prepare for the heartbreak, especially if they are fatally injured due to the negligence of a third party. Although a financial settlement cannot undo the trauma that has been inflicted, there are various parties that could make a claim on the behalf of the deceased, such as:
- Parents
- Children
- Spouse or partner
- Family members
- The estate of the deceased
Here at Legal Helpline, we understand that this experience could be an emotional and difficult process. That is why our experienced team of advisers are here to help. They can provide you with advice and support regarding the claims process, and they can answer any questions that you might have.
Care Home Negligence Compensation Claims Calculator
You may be wondering how much compensation you could be entitled to when pursuing a claim against a negligent care home.
If you are awarded a compensation package, it will likely be made up of two heads of claim: general damages, which compensates you for the pain, suffering and loss of amenity experienced as a result of the injury or illness, and; special damages, which we’ll discuss below. The amount of general damages that could be awarded will be determined by the severity of the injuries. To illustrate how the severity of an injury impacts the amount of compensation that could be awarded, we have provided a personal injury claims calculator.
The Injury The Severity of the Injury Compensation Awarded The Injury Description
Paraplegia Severe £205,580 to £266,740 To be awarded compensation of this bracket, the presence of increasing paralysis, pain, or trauma will involved. In many cases, the amount of compensation awarded will be take into consideration the severity of pain.
Bladder Damage Minor £21,970 to £29,380 Minor bladder damage is often expected to make a complete recovery, but some fairly long term interference with natural function may occur.
Bladder Damage Severe Up to £172,860 In cases of severe Bladder damage, medical complications and the loss of natural function are expected. Ub cases involving the loss of natural bowl function and urinary function are expected to have life long medical complications.
Mental Anguish Severe £4,380 To be awarded compensation of this nature, the affected individual will experience a fear of impending death, or the reduction in life expectancy.
Brain Damage Minor £2,070 to £11,980 Minor Brain Damage is often expected to have a very minimal impact, and in most cases, the affected individual will make a great recovery. The amount of compensation awarded will take into consideration the severity of the initial injury, the recovery time, and the extortion of continuing symptoms.
Brain Damage Severe £264,650 to £379,100 Severe Brain Damage is expected to cause life-altering implications. The affected individual could experience a shortness in life expectancy, a Koss of sensory function, behavioural problems, and an extent of physical limitations.
Kidney Damage Minor £28,880 to £42,110 Minor cases of Kidney Damage are often expected to result in the loss of one Kidney, with no Damage to the other.
Kidney Damage Severe £158,970 to £197,480 Severe damage to the kidney could result in the loss or damage to both kidney. This could lead to additional health complications and a life-time of suffering.
The figures in the table have been provided strictly for example purposes. Every case is different and the value of each one is determined by its unique set of facts. The calculator is based on the Judicial College Guidelines, a legal publication which details the compensation awards made by the courts for different injuries.
If you have any questions regarding the personal injury claims calculator or your potential claim, why not give our team a call.
Special Damages Victims Of Care Home Negligence Could Claim
The purpose of special damages is to compensate you for any financial losses or expenses that may have been incurred as a result of the injuries or illness suffered. Examples of special damages include:
- Medical Expenses – Medical expenses are often taken into consideration when pursuing a claim if the affected individual has personally funded any form of surgery, treatment, or medication after a negligent event.
- The Cost of Care – If care home negligence results in extreme health implications, then the affected individual might require end of life treatment or hospice care. If that is the case, then these factors could be considered when pursuing a claim for compensation.
- Funeral Expenses – If the negligent actions of a care home were to result in a fatal outcome of a loved one, you might be left with funeral costs. If that is the case, then the cost of these expenses could be taken into consideration.
Steps to take
If you have been injured by a negligent care home and wish to make a claim, you would be required to provide evidence. This can be achieved through various forms of evidence, such as obtaining a medical report outlining your injuries and providing a prognosis. Such a report would be obtained as part of the claims process. Photographs and witnesses to the incident, if relevant, would also help. Likewise, if you have any documentation, such as letters from the home, or copies of prescribed medication, these will also be helpful.
It is also imperative that you begin your case for compensation within the personal injury or medical negligence claims time limit. The time limit for both is three years and the clock begins to tick from the date of the accident or negligent act. While there are strict exceptions to this time limit, we recommend seeking legal advice as soon as possible to give yourself the best chance of success.
How Our Team Could Help You To Make A Compensation Claim
If you have valid grounds to make a claim and chose to work with Legal Helpline, we could connect you to a solicitor from our panel. With 30 years of experience, our panel of specialist solicitors are well versed in personal injury law and could provide you with support and legal advice when handling your claim. If Legal Helpline isn’t located within your immediate area, there is no need to worry. Our panel of solicitors could potentially cover claims that are located across various parts of the country. Every solicitor on our panel strives to achieve maximum compensation for their clients. They’ll guide you through the legal process expertly, debunking legal jargon along the way. And if at any time you have a query or would like an update on your case, your solicitor will be on hand to help.
So if you wish to make a claim for care home negligence, please contact a member of our team to begin your personal injury claim today.
No Win, No Fee Claims For Nursing Or Care Home Negligence
When pursuing a claim for compensation, a solicitor from our panel could offer to handle the claim under a No Win, No Fee Agreement, also known as a Conditional Fee Agreement (CFA). An arrangement of this nature is designed to offer claimants as much financial protection as possible and gives them the confidence to pursue justice. ,
If you sign a CFA with a solicitor from our panel, you will not have to pay any fees upfront, nor will you have to pay any fees during your claim either. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.
If your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped!
If you wish to make a claim with a solicitor from our panel, please contact a member of our team and begin your personal injury claim today.
Begin Your Claim Against A Care Home
If you are ready to begin a claim against a nursing home, why not speak to a member of our team? Here at Legal Helpline, our phone lines are free to call and our knowledgable team of advisers are available 24 hours a day, 7 days a week. Not only could an adviser answer any questions that you might have, but they can offer you a free consultation and potentially put you in touch with a specialist solicitor from our panel. If you’d like to speak with an adviser, the number to call is 0161 696 9685. In addition
You can get in touch through our online claim form by clicking here.
Nursing And Care Home Claims Resources
We hope that this guide has provided you with some clarity and useful information. In addition to this guide, we have provided some additional materials that could be of use to those that are considering making a claim.
Could I Make A Claim Against My Employer?
Can I Sue A Hosptial For A Pressure Sore?
What Can I Claim For If I Have Been Injured Due To A Slip, Trip, And Fall?
Guide by MN
Edited by REG