When we entrust a care home to take care of our loved ones, or we go to work at a care home, we would expect that the environment would be safe to work in and that the care a patient receives there would be safe and effective. If this isn’t the case, there could be a chance that negligent care or negligence towards health and safety at work could cause a care home death to an employee or a resident. But what happens if either scenario occurs? And it could have been preventable? Could a dependent or relative of the victim make a care home negligence claim or a claim for a fatal accident at work?
This guide has been created to answer many of the frequently asked questions about compensation payouts for negligence at a care home. This guide looks closely at fatal injuries to staff and residents. We take a look at how much compensation could be appropriate for a care home negligence death. As well as who could make a claim. The guide will discuss in what ways a care home could be negligent. Moreover, how this could cause a fatality. It will also show how we could connect you with care home negligence solicitors under No Win No Fee terms. If you have further questions about such claims or would like to speak to someone to get started with a claim, then you could call our team right away on 0161 696 9685 for advice and support.
Select A Section
- A Guide To Care Home Death Negligence Claims
- Care Home Death Negligence Compensation Calculator
- Types Of Compensation Awarded For A Death In A Care Home
- What Is Care Home Death Negligence?
- Who Could Claim For Fatal Care Home Compensation?
- What Are Wrongful Care Home Death Claims?
- Deaths Caused By A Failure To Meet A Primary Healthcare Need
- Fatal Trips And Falls In Care Homes
- Care Home Employee Fatal Workplace Accident Claims
- Compensation Claims Against NHS Care Homes
- Compensation Claims Against Private Care Homes
- Statistics On Care Home Deaths
- No Win No Fee Care Home Death Negligence Claims
- Why Choose Our Friendly Team?
- Contact Us
- More Information
Whether you’ve lost a loved one because they had a fatal accident at work in a care home, or you’ve lost a family member due to negligence in a care home in regards to their care, you might be wondering whether you could be eligible to make a care home death compensation claim.
A care home has certain responsibilities towards its patients, insofar as they have a duty of care to provide them with safe, effective care. Care homes also have responsibilities towards their staff. This is through the Health and Safety at Work etc Act 1974 and the Care Act 2014. If they are negligent in regards to this, and a person suffers harm, in this case then it may be possible for dependents, family members or the estate of the deceased person to claim compensation. But how do you go about making a claim for a care home negligence death? And how do you know whether you could have a valid claim? This guide has been created to answer these questions and others.
Below, we explain the types of compensation that could be claimed for negligence in a care home. We’ll also look at who could begin a claim for a care home death, and where to get help if you’re looking for a solicitor to help you claim.
Many use a personal injury claims calculator to tell you how much they could claim for a death in a care home. Care home negligence cases are all different. Compensation would depend on the type of death, the injury the person had suffered, and the other specific facts and circumstances surrounding the care home negligence death. That is why we prefer claimants to call up our advisors for a more accurate estimation.
In the table below we have used figures from the Judicial College Guidelines. This publication could be used by solicitors as well as the courts to come to an appropriate settlement for a claimant’s injuries. The figures can be used in any personal injury claim or medical negligence claim. They are not just for care home injuries. Also, they are only guidelines. If you would like more information, please do not hesitate to call us and we will give you some guidance over the phone about this.
|Type of death injury||Approximate compensation bracket||Remarks|
|Death Full Awareness||£11,770 to £22,350||Where severe lung damage or burns occurs where there are fluctuating levels of consciousness for around 4-5 weeks, with invasive treatment and significant injuries – death would occur from 2 weeks – 3 months|
|Death after 6 weeks||£3,530 to £4,120||Where unconsciousness is immediate|
|Death after 1 week||£1,290 to £2,620||Where unconsciousness is immediate|
|Followed by unconsciousness||£9,870 to £10,010||Excruciating levels of pain followed by unconsciousness after 3 hours. Death would come around 2 weeks later.|
|Mental Anguish||£4,380||Where there was a fear of impending death|
When making a claim because a loved one has died due to negligent circumstances the claim can include compensation for their suffering. However, it can also include compensation for those that were dependant on the deceased. Compensation known as general damages can be awarded in a successful claim for the pain and suffering the claimant suffered as a result of the negligence. Also in a successful compensation claim, funeral expenses may also be awarded to cover the costs of the expenses. This can be known as the special damages part of a compensation claim. Generally, dependants such as children and partners of the deceased or parents can claim for any suffering they experienced as well as compensation if they depended on the deceased financially.
If you have lost a loved one, either as a patient in a care home or someone working there that has had a fatal accident, you may be wondering whether the person’s death could have been prevented if the care home had not been negligent. There are several ways in which negligence could occur in a care home, including:
- Care home medical negligence – if your loved one has not been looked after properly in a care home, and a medical condition has worsened due to negligent medical treatment, this could cause a care home death. We should mention that not all deterioration of health could be considered negligence.
- Elder abuse – if your loved one has been the victim of care home abuse, this may have caused them physical harm, which may have caused their death.
- Neglect in a care home resulting in death – Advice for spotting care home neglect in the UK can be found on the NICE website.
- Negligence towards health and safety at work – If a care home does not take all reasonable steps to protect its workers from risk of harm at work, and a fatal accident at work occurs, they could be held liable.
When it comes to claiming for negligence in a care home that causes a care home death, there are several types of people who could launch a claim. These include:
- The deceased person’s dependents – those who depend on the deceased for financial provision
- The immediate family of the deceased person – those who have not been financially dependent on the deceased person but have suffered hardship due to the care home death
- The estate of the deceased person – this could include a small business that depended on the deceased for income, for example.
If you’re unsure as to whether you could make a claim for a loved one who has passed away because of nursing home care negligence, please call our team. We’d be happy to assess your case for free to see if you could launch a claim.
A wrongful care home death claim could be brought against those who have not treated a care home resident in a safe and effective manner.
Duty Of Care Negligence Definition
There are standards of care that require care home staff to:
- Act in the best interests of others
- Not act/fail to act that results in harm being caused to someone
- Act within their competence, and not take on something they do not believe they can do safely
This is their duty of care towards a patient. A breach of this duty of care that causes harm, in this case, a care home death, could be considered care home or nursing home negligence.
We should also mention that there are other types of negligence that could cause a care home death. Negligence in providing a safe place to work could result in wrongful death of a care home employee.
There are certain types of primary healthcare need that you would expect to be met when a loved one is receiving care in a care home. These could be different depending on the needs of the patient and the care home they’re in. Primary care services could include:
- Providing nutrition
- Good hygiene care
- Basic emergency services
- Referrals to other levels of care
- Primary mental health care
- Palliative and end-of-life care
If you are unsure whether a claim for compensation could be brought after a loved one had passed away due to care home negligence call our advisors for free advice. They will assess your case for you in a no-obligation chat.
A slip, trip or fall, on the face of it, does not sound like it could cause a care home death. But the injuries would largely depend on how the accident happened, how bad it was and whether it was a fall from height or on the same level. A slip, trip or fall, if it was serious enough, could cause a fatal injury. There are several people in a care home that could have such an accident, such as:
- A care home resident – if a care home resident has trouble with mobility, they may need assistance to move around. If they are not assisted, they could be at a higher risk of falls and could suffer a fatal injury as a result.
- A care home worker – a care home worker has rights under the Health and Safety at Work Act 1974 to have their health and safety protected while they are at work. If the care home doesn’t provide a safe place to work or doesn’t give a worker the right training to do their job safely, for example, this could lead to them being injured at work. Depending on the nature and severity of the injury, the person could pass away as the result of such an injury.
- A care home visitor – The care home also has a legal responsibility to provide a safe environment for all those that use their premises, under the Occupier’s Liability Act 1957. If the environment they allow people into is unsafe, and an accident results from this, they could be held liable for this.
We mentioned earlier in this guide that care homes have a legal responsibility under the Health and Safety At Work Act 1974 to provide a safe working environment as much as possible for their workers. They can do this by training employees in how to perform their job safely, giving them the equipment they may need to do their job safely or by carrying out risk assessments.
If your loved one suffered a care home death in an NHS care home, due to negligence, as long as you can prove breach of duty of a care home you could potentially launch a claim. The case would need to be investigated thoroughly by the NHS and you must be able to prove that a care worker or the care home provision was negligent and this directly caused the death of your loved one to have a valid claim.
While you may feel worried about defunding the NHS by making a claim, it is important to note that such claims could prevent similar occurrences from happening again. Investigations required during a claim could highlight issues within a care home that could be addressed as a result of your claim.
If you have any questions about care home negligent deaths call our advisors. They can take your call any time of the day or night. There is no obligation to continue with a claim just because you have spoken to our team.
If a loved one has been the victim of a negligent care home death in a private nursing home, you might be wondering whether this would affect your claim. If you’re considering suing a care company for neglect in the UK, or for negligence, the process would be largely the same as the CQC regulates both private and NHS care homes. As well as this, they would have the same responsibilities to their workers insofar as health and safety is concerned. So employee death claims would be largely the same.
Whether you’re making a claim for a care home death as a result of elder abuse, or because you’ve lost a loved one to negligence or a fatal accident at work, a solicitor could help make the process of claiming easier and less stressful for you.
According to the ONS, statistics relating to care home deaths that were due to dehydration, falls, malnutrition, pressure sores and septicaemia in 2016 included:
- 11 deaths due to dehydration
- 730 deaths due to falls
- 5 deaths due to malnutrition
- 24 deaths due to pressure sores
- 182 deaths due to septicaemia
In terms of the number of people working in care, homes, a report by RIDDOR states that 14 workers in residential care homes suffered a fatal injury during 2019/20. However, we must state the figures are not representative of negligent causes.
If you’re considering making a compensation claim for a death in a care home, whether it involves elder abuse, care home mistreatment, or an accident at work, a solicitor that works on a No Win No Fee basis could help you without you having to pay them upfront. With a No Win No Fee care home death claim, the process would work as follows:
- You would receive a Conditional Fee Agreement, sent to you by your personal injury solicitor. They would ask you to sign and return this before they went ahead with your claim. The agreement would give you details of the success fee that you would pay the solicitor once they’d secured compensation. The fee is capped, legally, and is usually representative of a small percentage of your payout.
- Once the signed No Win No Fee agreement had been received back by your personal injury solicitor, they would be able to begin work on building the wrongful death case against the care home.
- Once your care home negligence compensation had been arranged, the success fee would be deducted from it; with the rest for your benefit.
What If No Win No Fee Claims Are Unsuccessful?
If your claim is not successful and doesn’t end with a compensation payout, you would not have to pay your solicitor any fees.
We recognise that you might have some questions about care home negligence solicitors and No Win No Fee claims. There is another guide that explains these terms in more detail, or you can give us a call with your questions if you wish.
Every claim is different, and we are well aware that you might have questions about claiming for a death in a care home. If you do, we’re here to answer those questions and get you the help you are looking for. All calls and enquiries are confidential. We know you may be feeling raw about the care home death of a loved one, and we will give you the time you need to answer our questions so that we could provide you with advice and guidance that helps you.
The process to get started with a claim is relatively simple. All you need to do is:
|Contact our team by using the contact form, by phone, or via live chat.||Our expert team will go ahead and assess your eligibility to claim.||When you are ready, we’ll help you start your claim.|
We could provide you with telephone advice, and we could also help you connect with a No Win No Fee solicitor from our panel that could take your case on. We could even check your eligibility to make a wrongful death claim against a nursing home for free. To get in touch with our team, simply:
- Call us on 0161 696 9685
- Use the contact form for your query, and we’ll get back to you
- Or use our live chat feature to talk to the team
Care Home Negligence – This guide covers negligence in a care home, including the personal injury claims time limit that could apply to such claims.
Fatal Accidents At Work – If a care home death was caused by an accident at work, this guide could be useful.
Medical Negligence Claims – You can read more about medical negligence claims in this guide.
Reporting Elder Abuse In The UK – The government resource could be useful. It covers how to report abuse in a care home in the UK.
How To Report Nursing Home Negligence– The CQC guide on how to report negligence in a nursing home could also be useful.
Reporting A Death – This page on the CQC website providers care homes with an important part of the death in a care home procedure, the reporting of the death.
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Published by AL.