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.
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
- A Guide On How To Report Negligence In A Nursing Home
- Calculating Compensation For Negligence In A Nursing Home
- Examples Of Special Damages
- What Is Negligence In A Nursing Home?
- Circumstances Which Constitute Negligence In Nursing Homes
- What Safeguarding Duty Of Care Do Local Authorities Have?
- Who Can Report Negligence In A Nursing Home?
- Who Do You Report Negligence In A Nursing Home To?
- How To Report General Negligence In Nursing Homes
- Reporting Negligence In A Nursing Home You Are Paying For
- Could You Report Negligence If You Refused Care?
- No Win No Fee Claims For Negligence In A Nursing Home
- Contact Us
- More Information On Negligence In Nursing Homes
A Guide On How To Report Negligence In A Nursing Home
Nursing homes offer extra services to residents compared to care homes. They offer the extra support needed for those with disabilities or specific conditions. While they usually offer a good level of care, there are times when things don’t go to plan. If a mistake does happen, which results in a resident being injured, compensation could be payable to cover any suffering. Therefore, in this article, we’ll supply details of when a claim could be made and how to report negligence in a nursing home.
To help understand what types of negligence might occur, we’ll provide some examples later on. Additionally, we will look at what duty of care nursing homes and local authorities have regarding the safety of residents. If you or a loved one have been hurt following negligent treatment, you may find the next couple of sections helpful. That’s where we will explain what compensation could be claimed and how much might be paid.
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.
Calculating Compensation For Negligence In A Nursing Home
It would be impossible to list every different injury that could be sustained in a nursing home here. Therefore, we have provided a sample in the table below along with example compensation amounts. After your claim has been reviewed, it should be possible to provide you with a more detailed estimate.
The figures that you’ll see in our compensation table are from the Judicial College Guidelines. When solicitors, insurers and courts settle claims, they’ll usually refer to the examples set out in the JCG.
|Type of Injury||Severity||Compensation||Examples / Notes|
|Non-traumatic injury||Serious||£8,950 to £18,020||Illness which causes diarrhoea and vomiting lasting for up to four weeks. Discomfort and disturbance will continue for some time after the initial symptoms have diminished.|
|Non-traumatic injury||Less serious||£3,710 to £8,950||Illness causing stomach cramps, fatigue and significant discomfort. This may result in hospitalisation for a few days and symptoms lasting for a few weeks. But lingering symptoms will remain for a couple of years.|
|Back||Minor||Up to £4,080||Soft tissue damage of the back which causes pain and discomfort but where recovery, without an operation, takes less than a year.|
|Arm||Fracture||£6,190 to £18,020||Covers simple fractures to the forearm.|
|Elbow||Moderate / Minor||Up to £11,820||This compensation range covers most elbow injuries such as fractures and others where there is no permanent damage.|
|Wrist||Fracture||Around £6,970||Simple and uncomplicated fractures of the wrist.|
The compensation figures listed are known as general damages. This element makes up a large part of the claim as it covers any pain, suffering or loss of amenity suffered by the claimant.
When you claim, it is important to demonstrate how severe any injuries were. To do that, a medical assessment may be needed. Where possible, the meeting will be held locally. An independent specialist will examine the claimant’s injuries. They will also ask questions about the impact of the injuries and check any medical records available to them. Following the meeting, the specialist will provide feedback to the lawyer with a report containing their findings.
Examples Of Special Damages
On top of general damages, a claim could also include an element called special damages. This is an award made to reimburse any costs incurred because of the claimant’s injuries. Importantly, claims don’t lead to fines or financial penalties. Special damages simply aim to put you back in the same financial position as before the negligence took place.
Every nursing home negligence claim will be unique, but special damages could include:
- Travel costs.
You may be able to ask for fuel, parking or other travel-related costs to be paid back if they were linked to medical appointments, for instance.
- Medical expenses.
While it is true that the NHS will provide most remedial treatment for free, there may be additional medical costs. For example, you could claim for some non-NHS services or over the counter medication.
- Care costs.
If the claimant requires any additional support during their recovery, the cost of a carer could be claimed back. For example, if a family member had to move in to support them, a cost for their time could be calculated.
- Disability aids.
Should the claimant be left with a disability, the cost of equipment to help them cope could be included. For instance, you could claim for wheelchairs or walking frames. Additionally, the cost of modifications to a home might also be claimed if it helps the claimant cope with their disability.
Special damages can sometimes lead to claims for loss of income. While this might not apply if the claimant is retired, family members who’ve lost income while looking after their relative might be able to claim back any losses. To find out more about what could be included in a claim, please call our team today.
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.
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.
What Safeguarding Duty Of Care Do Local Authorities Have?
If your care home is run on behalf of the local authority, they will owe a duty of care towards your wellbeing as described by the Care Act 2014. Under that duty of care, local authorities need to:
- Manage a safeguarding system to try and stop neglect or abuse or to stop it quickly if it happens.
- Initiate enquiries if they suspect an adult with care needs is at risk of abuse or neglect.
- Implement a joint safeguarding strategy involving the NHS, police and local authority.
- Conduct Safeguarding Adults Reviews if an adult with care needs dies following abuse or neglect.
- Enable an independent advocate to support and represent an adult who is subject to a safeguarding review, where necessary.
Who Can Report Negligence In A Nursing Home?
It’s important to understand who is able to complain about negligence in a nursing home. It goes without saying that if you are a resident in a nursing home operated by the local authority, then you are allowed to make a complaint yourself. In addition, if you would like somebody else to complain on your behalf, like a relative or friend, then that’s possible so long as you give them your permission.
If the resident doesn’t have the mental capacity to complain themselves, a friend or relative is able to so long as the local authority agrees they are acting within the resident’s best interests. This is defined by the Mental Capacity Act 2005.
Who Do You Report Negligence In A Nursing Home To?
Let’s now look at who you should make a nursing home complaint to. Usually, you’ll begin by raising your concerns with the nursing home manager directly. It is sometimes possible that an informal discussion can resolve the issues you raise. If you’d rather be more formal, you could write to or email the care home manager to set out your concerns.
When that doesn’t work, the next step should be to raise your complaint with the local authority (if they are responsible for care being provided). After you have done so, you should receive a formal response from the council. If this still doesn’t resolve the issue you are complaining about, you can go higher. The final step would be to take your complaint to the Local Government and Social Care Ombudsman. They have the power to investigate complaints further where necessary.
How To Report General Negligence In Nursing Homes
If you decide that you do want to make a complaint about negligence in a care home, here are some tips on how to do so:
- Try to provide specific information about what you’re complaining about. Where possible include the names of staff, dates, times and locations.
- Always retain a copy of any email or letter you send. Also, ensure you keep hold of copies of any correspondence you receive throughout the complaints process.
- Keep a log of all meetings, discussions and phone calls you’ve had in relation to the complaint. Make a note of what was said by who. This will make it easier to recall information if it is needed later on by the ombudsman, for instance.
- Make sure you explain what you want to be done by the nursing home. For instance, set out what changes you’d like to be made as a result of your complaint.
Whether you have raised a complaint about negligence in a nursing home or not, we could help you start a personal injury claim. Please call our free legal advice line today and let us know what happened.
Reporting Negligence In A Nursing Home You Are Paying For
When you fund care yourself, the complaints process is slightly shorter. That’s because you won’t have the opportunity to ask the council to investigate. Instead, you’ll need to go straight to the Local Government and Social Care Ombudsman if your complaint is not resolved by the nursing home.
As before, you should start by writing to the nursing home about your concerns. If they are unable to resolve the issue, you may need to escalate the complaint. Importantly, to make a personal injury claim, you do not need to have complained. However, the findings of an investigation could prove useful during a claim if they explain how the claimant was injured.
Could You Report Negligence If You Refused Care?
Any resident in a nursing home has the opportunity to refuse care or treatment. The nursing home may say it is for this reason, rather than negligence, that the resident suffered.
If this is the case, you should ask to see copies of the daily report sheets. By doing so, you can verify that the refusal of care was actually recorded.
No Win No Fee Claims For Negligence In A Nursing Home
Something that might put you off starting a claim for nursing home negligence is the cost of legal representation. Opt for a No Win No Fee solicitor as this may largely reduce your stress and financial worries. Not only does that mean you’ll get expert legal support with reduced financial risk, but you’ll also find everything is a little bit less stressful.
The solicitor will run through your case with you. If they are happy to continue, you’ll receive a Conditional Fee Agreement (CFA) to review. The CFA explains the terms that must be bet before the solicitor gets paid. It will also outline the fact that:
- No fees are requested upfront to the solicitor.
- You won’t be billed for solicitor’s fees while your claim is being handled.
- If the claim does not succeed, you will not have to shell out for any solicitor’s fees.
If everything goes well, and you receive compensation, your solicitor will be paid a success fee. This an agreed percentage of your compensation that’s listed in the CFA. To stop law firms overcharging, success fees are capped by law.
We hope that this article about how to report negligence in a nursing home has been helpful. If you now believe that you have a valid claim for compensation, we are here to help. To discuss your claim, you can:
- 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.
We’ll listen to the details of your claim during your free telephone consultation. An advisor will review the evidence that you supply and provide free legal advice on what to do next. If your claim appears viable, you could be referred to a personal injury solicitor from our panel. As mentioned earlier, any claim that’s accepted will be handled on a No Win No Fee basis.
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.
Please get in touch with our specialists if there is any more information we can supply.