Learn How To Report Negligence In A Nursing Home

By Stephen Kane. Last Updated 29th April 2024. There are many different criteria used when choosing a nursing home. You will need to trust that staff will look after you or a loved one when you’ve found the right establishment. While standards of care are generally good, mistakes are possible that could cause a resident to suffer. Therefore, this article is going to show you how to report negligence in a nursing home. We will look at the types of suffering that can result from negligence and the duty of care nursing homes owe to their residents. Additionally, we will show when compensation could be claimed for any harm and at what level.

If you are thinking of making a claim, Advice.co.uk can help. Our advisors will listen to what has happened during a no-obligation assessment of your case and give free legal advice about how to proceed. If there’s a reasonable chance of winning your claim, we could link you with a specialist solicitor from our panel. Any claim that is taken on will be managed on a No Win No Fee basis.

A patient in a nursing home watching a nurse write down notes on a clipboard.

To find out more about how to report a nursing home for neglect, please read on. If you’d like to discuss whether you have a valid claim right away, please give us a call on 0161 696 9685 today.

Select A Section

  1. Who Can Report Negligence In A Nursing Home?
  2. Who Do You Report Negligence In A Nursing Home To?
  3. How To Report General Negligence In Nursing Homes
  4. What Is Negligence In A Nursing Home?
  5. Circumstances Which Constitute Negligence In Nursing Homes
  6. Nursing Home Negligence Claims With A No Win No Fee Solicitor
  7. More Information On Negligence In Nursing Homes

Who Can Report Negligence In A Nursing Home?

So, who can report negligence in a nursing home? Generally, a report of negligence can be made by:

  • The person who has been affected.
  • A trusted family member or friend.
  • A staff member.

For example, if you have experienced negligence in a nursing home and are capable of doing so, you can make your own complaint.

If you are a friend or family member of someone who has experienced negligence but is incapable of making their own complaint, you can put one forward on their behalf under the Mental Capacity Act 2005.

If you’d like to learn more about how to report negligence in a nursing home, read on, or contact our team of helpful advisors.

Who Do You Report Negligence In A Nursing Home To?

The first step in reporting negligence in a nursing home is to approach the manager or party in control of the care home and raise your concerns directly. As we’ve mentioned in the section above, you can do this yourself, or a trusted family member or friend can do it for you.

If this does not resolve the issue, then you can make a formal complaint to the Care Quality Commission (CQC). The CQC regulate a number of care services, including the operation of care services such as care homes. 

If you can prove that negligence occurred, then you may also be able to make a claim. We discuss this more later, but if you’d like to get started, we recommend contacting a member of our team.

How To Report General Negligence In Nursing Homes

It might seem daunting to make a complaint, but if you or a loved one have suffered as a result of negligence, then you are within your rights to do so. To help put your mind at ease, we’ve compiled some tips on how to report negligence in a nursing home:

  • Keep a record of what happened, and provide as much information in your complaint as possible.
  • Take photographs of any visible injuries and submit these if needed.
  • Retain copies of any correspondence, such as emails with the care home or the report you make to the CQC.
  • Keep a log of phone calls and in-person discussions with the other party, in case it’s needed later.

These tips can help when reporting negligence in a care home, but they can also be of use if you decide to make a compensation claim. Contact our team of advisors today to learn more.

What Is Negligence In A Nursing Home?

When making a claim for negligence in a care home, you will need to show that:

  • The claimant was owed a duty of care (this is almost always the case with nursing home residents).
  • That the nursing home was negligent.
  • The claimant was injured or made ill as a direct result of that negligence.

Importantly, you will have to prove that any injury or illness was not caused in any other way. This can sometimes prove tricky and it’s one of the reasons we’d suggest taking on specialist legal support. If your claim is accepted by a solicitor from our panel, they’ll use their legal experience to try and help prove your allegations. Please call in today so that we can review your options.

You should bear in mind that claims need to be made within a specific time limit. For most claims, there is a 3-year limitation period from the date of the negligence. There are some exceptions to this rule though. For instance, if the injured party does not have the mental capacity to claim or if their injuries were not discovered until a later date. Our advice here would be to get in touch as soon as you are able to. Our advisors will look at what happened during a free consultation and work out when the time limit applies in your case.

Circumstances Which Constitute Negligence In Nursing Homes

Once again, the level of care provided in nursing homes is usually fine. However, there are times when negligence can take place. Some examples of negligence that might lead to a claim include:

  • Being lifted incorrectly causing a fall and subsequent injury.
  • Not being move regularly enough resulting in pressure sores.
  • Any form of nursing home abuse.
  • Not being given prescribed medication.
  • Being given the wrong medication.
  • Where a wound becomes infected because it is not treated properly.

We could help with claims for suffering caused by any of the scenarios listed (and others as well). Please let us know about your claim and we’ll explain the options available to you.

CQC care home standards

The independent regulator of social care in England, the Care Quality Commission (CQC), has a number of fundamental standards. They include:

  • Receiving treatment or care that is centred around your needs or preferences.
  • Being treated with respect and dignity at all times.
  • Treatment or care must be consented to by you (or somebody representing you).
  • You must not receive unsafe treatment that could lead to avoidable injuries.
  • There must not be any neglect, unnecessary restraint, degrading treatment or other forms of abuse.
  • There must be a method of complaining about treatment or care.
  • Your care home should be properly looked after and clean.
  • You must receive enough to eat and drink to keep you healthy.

Nursing Home Negligence Claims With A No Win No Fee Solicitor

If you are eligible to make a claim against a care home after reporting it for neglect, we recommend seeking support from a solicitor who has experience with this type of claim. If you contact our advisors, they could review your case and connect you with one of the solicitors on our panel if they believe you have a valid claim.

If they agree to take on your claim, they may offer to represent you on a No Win No Fee basis through a Conditional Fee Agreement (CFA). When claiming with a solicitor under such an agreement, you will not be required to pay any upfront or ongoing fees for their work. Should your claim prove unsuccessful, you won’t need to pay your solicitor for their services.

A success fee is taken from the compensation awarded to you if your claim is successful. The percentage your solicitor can deduct as a success fee is capped by the law.

Please get in touch with our advisors today if you would like to learn more about making a claim for care home neglect with a No Win No Fee solicitor on our panel.

  • Call our free advice line on 0161 696 9685.
  • Speak to an online advisor via live chat.
  • Let us know about your claim on our enquiry page so that we can call you back.

More Information On Negligence In Nursing Homes

You have arrived at the final section of this article about how to report negligence in a nursing home. As we have provided a lot of guidance on how to claim already, in this section we have supplied links to some additional resources which may help you.

The Care Quality Commission – The CQC visit and inspect care establishments including nursing homes.

Pressure Ulcers – NHS information on the pressure ulcers (or bed sores) that can result from a lack of movement.

Care Home Guide – This provides advice on when a care home might be needed and how to choose one.

To show what other types of claims Advice.co.uk could help with, please take a look at the following guides:

Ankle Injury Claims – A guide that explains the types of accidents that could lead to a compensation claim for an injured ankle.

Hit And Run Claims – This guide explains what to do if you can’t identify a driver because they didn’t stay at the scene of an accident.

Claiming For A Broken Bone – In this article, we look at how much compensation could be paid for fractured bones.

Other Medical Negligence Guides

Please get in touch with our specialists if there is any more information we can supply.