Care Home Negligence Claims – How Much Could You Claim?

Making the decision that your loved one should live in a care home can be tough. At the very least you wish to know that they will be well looked after in the care home environment. To find out that they may have been subjected to abuse and negligence is extremely upsetting. This guide will explain in detail how to recognise signs of neglect and what to do if you suspect that your loved one has suffered injury or illness due to care home neglect. Our team at Advice.co.uk will be able to give you more information about launching a care home negligence claim. To find out more please call us on 0161 696 9685 and read on to find out more about care home negligence in the UK.

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A Guide To Care Home Negligence Claims

Care home negligence claims guide

Care home negligence claims guide

The UK’s ageing population means that an increasing number of people move into care homes due to complex round-the-clock care needs that families are unable to deal with at home. As relatives, we have to trust that care homes have health and safety policies in place that will ensure the wellbeing of residents. If however, you spot any signs that the care home is being neglectful in the care of your loved one, then you should take action as soon as possible. This guide will give you advice as to the signs and symptoms that may suggest that your loved one is not receiving optimum care, including the appearance of bruises, pressure sores or signs that they are losing weight or becoming dehydrated. It will also advise how a personal injury solicitor can help you make a care home negligence claim if you believe your loved may be entitled to compensation. Read on to learn more and don’t hesitate to contact Advice.co.uk if you have any further questions or wish to begin making a claim.

What Is Care Home Negligence?

Care home negligence can be defined as negligent care that takes place whilst a loved one is a resident in a care home. If a care home is negligent in looking after an individual and this leads to injury or illness then they may be able to make a care home negligence claim. Often our loved ones are so dependent on the care that nursing or residential home provides, that there are sadly many ways in which they can be let down. We will look at the ways in which care homes can fall below the expected standards in more detail throughout this article.

How Much Compensation Can You Claim If The Victim Of Care Home Negligence?

Compensation amounts are based on the individual details of your case but this alternative to a personal injury compensation calculator will give you an idea of the damages you may be able to expect to receive following an injury or illness.

InjuryDetailsCompensation amount
Severe neck injury (ii) Severe disability caused by disc damage and fractures£61,710 to £122,860
Moderate neck injury (i) Injuries such as fractures or dislocations which cause severe immediate symptoms and which may necessitate spinal fusion.£23,460 to £36,120
Moderate back injury (i) Fractures of vertebrae causing osteoarthritis and chronic pain£26,050 to £36,390
Minor back injury (i) Soft tissue injuries with recovery expected within about two to five years.£7,410 to £11,730
Moderate shoulder injurySoft tissue injuries lasting 2 years.£7,410 to £11,980
Serious leg injury (iii) Serious compound or comminuted fractures or injuries to joints or ligaments resulting in instability, prolonged treatment. £36,790 to £51,460
Less serious leg injuriesFractures from which an incomplete recovery is made £16,860 to £26,050
Moderately severe brain damageBrain damage causing permanent disability£205,580 to £264,650
Less severe brain damageAltered cognitive function£14,380 to £40,410
Rib fractures and similar injuriesRib fracture or soft tissue injuryUp to £3,710
Less severe injuries Wrist injury that results in permanent injury due to persistent pain and stiffness£11,820 to £22,990
Forearm fractureSimple fracture of the forearm£6,190 to £18,020

How Care Home Negligence Claims Are Calculated?

Depending on the type of injury or illness sustained, and the financial losses caused as a result, there are a number of different types of compensation that you can seek as part of your care home negligence claim. These can include the following:

General damages

General damages cover an individual for the non-financial costs suffered as a result of negligent care.

Pain and suffering

General damages seek to compensate the individual for any physical or psychological pain and suffering caused by the injury or illness. The more severe the injury, the greater the payout in general damages.

Special damages

Special damages refer to any tangible financial cost that has occurred as a result of the injury or illness.

Medical costs

In some cases, an individual will incur medical costs as a result of their incident, even if their care is covered under the NHS. This can include prescription costs or perhaps the costs of therapy or rehabilitation following an incident.

Travel costs

If you incur travel costs which are directly related to the injury, such as transport to and from the hospital and other medical appointments then you can claim back these travel costs as part of your compensation package. You will be required to produce receipts to prove that you have paid these costs.

Care costs

If the individual has incurred additional care costs as a result of the injury and has required a higher level of care which has cost more money, then these costs can be claimed back as part of the package.

Funeral costs

If the negligence was so severe that the injury or illness resulted in death, then the costs of the funeral can be claimed as part of the compensation package.

Regulations And Health And Safety Recommendations For Care Homes

In order to reduce the number of incidents in care homes and decrease the likelihood of negligence in care, regulations have been made stricter over the past few years and inspections are also more frequent. The law is very clear that managers of care homes have a duty of care to both their clients and their employees. Regulations seek to safeguard client and employee rights by requiring the following:

  • Care home accidents are properly reported
  • residents undergo proper monitoring
  • equipment is well maintained
  • staff are properly trained
  • risk assessments are carried out
  • investment is made in appropriate equipment
  • staff only carry out tasks that they are fully trained and equipped to carry out.

Proper training and the provision of appropriate equipment is absolutely essential in safeguarding the health and safety of both clients and staff.

What Are The Signs And Symptoms Of Negligence In A Care Home?

Although you hope that your loved one will be well cared for in a care home, and it is important to develop a relationship of trust with the carers, it is prudent to look out for any potential signs of negligence in a care home. You will no doubt have heard some care home neglect stories and be very keen to ensure that your loved one does not become a statistic. However, if you do spot signs of negligence then it is crucial that you take action. Here are some examples of neglect in care homes:

  • Inadequate nutrition and hydration. Food and fluids are crucial to the wellbeing of a care home patient. However, if the individual is not assisted with eating or drinking, or if food and fluids are left in a location where the individual is unable to reach it, then this can result in dehydration and malnourishment. This can lead to serious illness if it continues on a regular basis.
  • Pressure sores. Pressure sores are unfortunately a very common sign of neglect in care home patients. They are easily avoidable if a patient is regularly repositioned, but unfortunately due to time pressures and poor training, this act of repositioning does not always happen as often as it should, resulting in painful pressure sores and ulcers, which can become infected and even lead to long term disability.
  • Many care home patients will be unable to remember when to take their medication or be unable to administer it themselves. They are therefore completely reliant on care home staff to carry out this essential task at the appropriate time intervals. If staff are failing to administer the correct medication at the right times then this can lead to deterioration in an individual’s health very quickly. If you suspect that medication is not being properly administered then you should take the case further.
  • Cuts and bruises. It is entirely possible that bruises and grazes can happen accidentally particularly if their skin bruises easily. However, never ignore bruises and cuts and be sure to ask questions. Whilst the injury could be accidental, it could also be a sign of improper handling or falls.
  • Anxiety or fear. If your loved one is exhibiting signs of emotional distress when you visit then be aware that this could be a sign that they have been subject to abuse. This abuse does not have to take a physical form. If residents are being shouted at or threatened, this can have a significant impact on their psychological health. Over time this is likely to result in changes in behaviour. If you notice this then you may need to take action.

Care Home Negligence And Injury Statistics

Researchers at University College London (UCL) and the Camden and Islington NHS Foundation Trust surveyed 1,544 care staff showing abuse was identified in 91 out of 92 care homes. The research has indicated that abuse occurs in 99% of English care homes. The majority of these abuse claims are related to neglect such as not responding to an individual’s needs and not giving people enough time to finish meals.

If you are aware of negligence in nursing home care then don’t forget you are entitled to bring a care home negligence claim on behalf of your loved one.

Source; https://www.independent.co.uk/news/uk/home-news/care-homes-abuse-residents-funding-staff-uk-elderly-protection-a8266936.html

Control Of Infections In A Care Home

It is crucial that care homes have strict infection control policies. This is because residents are likely to be more vulnerable to infection than other members of the community. If a resident contracted an infection due to poor hygiene and inadequate infection control you could potentially make a care home negligence claim on behalf of your loved one.

Common Types Of Care Home Negligence

Here are some ways in which your loved one may suffer negligence at the hands of a care home, for which you could potentially be entitled to make a care home negligence claim on behalf of your loved one.

Claims For Pressure Sores

Almost all pressure sores are avoidable if a resident is repositioned at regular intervals. If care home staff are failing to reposition a resident who is unable to move and a pressure sore or ulcer occurs then this could potentially lead to care negligence claims.

Errors With Medication Or Prescription

Many residents are entirely reliant on care home staff to administer the correct dosage of medication at the appropriate intervals. If staff are negligent in the administration of medication, leading to illness or injury then the resident may be eligible to claim compensation for care home negligence due to the serious implications that this has for their health.

Wrongful Death Claims Against A Care Home

Care workers duty of care framework seeks to reduce the possibility of patients being harmed. If on occasion, this framework is not followed and the negligence of staff leads to the wrongful death of a care home resident family members may be able to make a care home negligence claim which would include the payment of funeral costs and financial support for any dependents.

Slips And Falls In Care Homes

Slips and falls are the most common type of accidents that occurs within a care home. However, managers of care homes are under a duty to ensure that the care home environment is safe for residents. If managers and staff have not complied with health and safety regulations and this has led to an injury following a slip or fall then there may be scope for care home negligence claims.

Claims For The Failure To Meet A Primary Health Need

If a care home fails to provide the necessary care for a primary health need then you may have a case for care home clinical negligence. Medical negligence in a care home occurs when a healthcare professional fails to fulfil their duty causing injury or illness. It is critical to meet the primary health needs to ensure long-term wellbeing.

Care Home Worker Injury Claims

Care home worker injury

Care home worker injury

There is no doubt that care work is hard work. It is a very physical job that requires comprehensive training and appropriate equipment to be done properly. Lifting residents is one of the biggest challenges that care workers face. If training and appropriate equipment are not provided this could lead in many cases not only to resident injury but also injuries amongst care home staff.

How Do I Best Protect A Loved One In A Care Home?

We hope that this guide will give you a better idea about negligence that can occur in care homes and how to spot it. If you suspect that your loved one has been subjected to care home negligence then it is vital that you report your suspicions to the care home management. Following this, we recommend that you seek the advice of a personal injury solicitor. Advice.co.uk can put you in touch with an experienced care home negligence solicitor who will help you to gather evidence and build a case.

Why It Is Important To Claim Compensation For Care Home Negligence

Seeking compensation for care home negligence can be vital to the ongoing care of the person who has been injured. It is possible that their health will have deteriorated following the negligence, possibly due to pressure sores which have lead to disability or inappropriately administered medication which has caused exacerbation of their symptoms. A compensation payout may help you fund private medical care, treatment, nursing care in an individual’s own home, help around the house, safety equipment to make a home more accessible and easy to live in and finally to cover any loss of earnings suffered by family members who have taken time out to care for a person who has suffered negligence. Having a financial cushion enables both the patient and their family to focus on rehabilitation and future care.

Making A Claim Against The NHS

Some care homes are run by the NHS rather than by a private company. Care in NHS homes tends to be of very high quality, using fully qualified staff. However, if you have concerns about the standard of care in an NHS facility report your suspicions to the care home management.

Time Limits To Claim For Negligence In A Care Home

There is a time limit to making a personal injury claim. This is usually 3 years but does vary depending on the case. We do however suggest that you launch your claim as soon as possible after the incident has occurred as this makes it much easier to gather evidence and build a successful case.

How To Make A Care Home Negligence Claim

If you believe that negligence has occurred in a care home leading to illness or injury then there are a number of things you can do to ensure a successful claim. Be sure to detail all the events which have led to your conclusion that negligence has occurred. Document these events as accurately as possible. It is also helpful to gather as much evidence as possible including photographs or details of any care workers that you believe were involved. Medical records are essential in a case like this. You could advise the care home management of any concerns that you have prior to contacting a personal injury solicitor. Our advisors at Advice.co.uk will be able to give you more information about launching a case and will put you in touch with a solicitor who is experienced and qualified to look after your claim.

No Win No Fee Care Home Negligence Claims

Here at Advice.co.uk the solicitors we can connect you with always work on a no win, no fee basis. This means that you can launch your case without any concerns about upfront fees. They will never ask for any money from you until you have successfully won your case and received your final payout. Their fee is then taken from this payout. No win no fee means you can seek the compensation that you are entitled to. If you do not win your case, then no money is payable at all to your solicitor.

Why Contact Our Advisors About Your Negligence Case?

We are proud of our reputation and our success rate. Choosing Advice.co.uk will give you access to a friendly and professional team who are always on hand to advise and answer any queries. We put client care at the heart of our business and do everything we can to ensure that the claims experience is a stress-free as possible for our clients.

Contact our team by email, phone, or post. Our team will assess your claim.Once you are ready, we can then start your claim.

Call Us Today

Call Advice.co.uk on 0161 696 9685 to access personal injury specialists, our friendly team are waiting to take your call.

Advice And Resources

Falling – The NHS Guide – Information about falls from the NHS.

The Care Home Journey – Information from the RCN

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Published by AL.