By Brett Williams. Last Updated 9th July 2021. Welcome to our guide on care home negligence claims and care home compensation. When the time comes that someone you love needs to go into a care home facility, it can be very difficult to come to terms with. In many cases, this is a challenging conversation that needs to be had between a child and a parent, and it can be heartbreaking, especially if the person does not want to go into a care home. They can feel like their independence has been taken away from them, which is why incidents of care home negligence are very bitter pills to swallow. While most care homes in the UK have great reputations, there are those that have received negative media attention for neglect and poor standards. Moreover, even in the best care homes, accidents can happen from time to time. If you or someone you love has been the victim of care home negligence, it is critical that you get the care home compensation that you deserve. Our guide on care home claims will help you through this process.
At AccidentClaims.co.uk, we have many years of experience in helping victims of nursing home negligence to get the nursing home negligence compensation they are entitled to. We can provide you with a solicitor that as worked on many incidents in care homes similar to yours, time and time before. We also have an exceptional track record and a great reputation amongst our past claimants. For more information about the service we provide, as well as care home negligence cases in general, read on. You can also contact us on 0800 073 8801 to start your claim once you have finished reading this post.
Select a section
- A guide to claiming compensation for care home negligence and injury
- What is care home negligence?
- Care home negligence statistics
- Common negligence and injuries in a care home
- What types of care home negligence or injury claims can we help with?
- Elder abuse in a care home – can I make a claim?
- Failing to provide primary care need – can I claim
- Bedsores in care homes – Is it possible to claim?
- Failure to control infection in care home – can I make a claim?
- NHS Care home injury – How to make a claim
- Slips, trips and falls in a care home – do I have a claim?
- Negligence towards care home worker – can I sue for an accident at work in a care home?
- Can I make a care home claim on behalf of a relative?
- Can I make a care home negligence claim after my loved one has passed away?
- What can be claimed for after negligence/injury in a care home
- No win no fee care home negligence injury claims.
- How much would I receive for negligence causing injury in a care home? (Updated July 2021)
- How to begin care home negligence injury claims
- Why call us for care home negligence claims?
- How to get started on your care home negligence claim
- Care home negligence claims- FAQs
Nursing home negligence can have a profound impact on a number of people. Not only does it have a marked effect on the person that has been the victim of such treatment, but also it can cause the entire family to feel upset and even guilty for allowing their family members to go into the care home in question.
Of course, it is not your fault or anyone else’s in the family, but it does not stop people from feeling this way. In this guide, you will discover everything you need to know about making care home compensation claims. This includes claiming for pressure sores in care homes, how to take legal action against care homes, and the care home compensation payout you are likely to receive.
If, by the end of this guide, you still have any unanswered questions on care home claims, please don’t hesitate to get in touch with us for free legal advice.
In the United Kingdom, care homes are split into one of two categories. The first is a residential care home. They vary in terms of size, including those with large-scale facilities, as well as those that are very small and only have a couple of beds. These care homes offer support and care, day and night.
Staff will help residents in terms of using the bathroom, dressing, and washing. The second type of care home is a nursing home, and this offers everything that a residential care home does, yet there is one distinct difference: 24-hour medical care is also available from a qualified nurse.
No matter what type of care home you are thinking about placing a family member or relative in, there is no doubt that the decision can be a difficult one. Therefore, if the decision does not turn out how you intended to and you have put your trust in a care home that has failed your relative, it can be very difficult to take.
The UK Government has put together a Health and Safety in Care Homes publication, which provides guidance for those who provide and manage care homes. This is a good resource because you can use it to determine whether the care home in question has been acting in the manner it should be or whether it has been providing a substandard level of care and health and safety.
Our next section will look in greater detail at the statistics related to care home neglect, so if this is something that interests you then you should continue reading. Or if you would like to know more about how to claim care home compensation then don’t hesitate to give us a call.
You may hear about issues in care homes in the news, but it’s worth taking the time to actually investigate the facts and figures yourself. To save you that trouble, we’ve included the latest available negligence statistics below.
- The Care Quality Commission (CQC), the body in charge of regulating the provision of care in the country, released their State Of Care report for 2019/20.
- The CQC found that the care that people received was mostly of good quality. This was the same as the previous year, with no improvement.
- Breaking this down into figures, as of 31st March 2020 it was found that 80% of adult social care services were rated as good, with 5% noted as outstanding, as shown by the graph below.
- The CQC suggests that adult social care, under which care homes fall, is very much reliant upon public funding. It was found that 75% of residents are funded by the local authority.
- If we look at the latest figures from the World Health Organisation (WHO), published in June 2020, we can see that around 1 in 6 people older than 60 experienced abuse in some form in a community setting in the past year.
- Sadly, the WHO report found that elder abuse is predicted to increase with rapidly ageing populations.
For more advice on care home compensation claims, why not give our team a call? Friendly and experienced, they can answer any questions you may have about care home clams and if you wanted to pursue a claim, they can connect you with our specialist team of solicitors today.
Care home compensation claims can be the result of a variety of incidents. In most cases, negligence can fall into one of the following categories:
- Personal hygiene neglect
- Basic needs neglect
- Medical neglect
- Social or emotional neglect
Within these categories, some of the most common failures are as follows:
- Failing to prevent pressure ulcers or pressure sores from developing
- Failing to treat bedsores in nursing homes that are already there
- Not providing clean clothing and bedding
- Providing incorrect medication or medical care
- Failing to provide medication or medical care when required
- Inadequate lifting aids, which can cause harm and injury
- Inadequate water or food provision, which causes malnutrition and dehydration
- Lack of or inadequate assistance with regular cleaning, washing and bathing
- Failure to prevent falls
If the injury that your loved one has sustained has not been featured in the information above, you are still entitled to make a claim. This list is not exhaustive and merely covers the most common type of failures that may lead to care home claims.
When it comes to care home compensation claims, we can assist with any type of negligence accidents and injuries. The duty of care negligence definition is when a care worker acts or fails to act in a certain manner and this has resulted in an injury or illness being suffered by a resident. If this has occurred, we can help you get the care home compensation you deserve.
When it comes to suing a care home for neglect, one type of neglect you may wish to make a claim for is care home abuse. We have plenty of experience in launching these types of care home compensation claims. Elder abuse is any type of abuse that is directed at an older person. This includes both physical and emotional abuse, for example, verbal threats and insults. Some signs to look out for with regards to nursing home abuse include:
- Caregivers not wanting a patient to be left alone with others (in case they say something about the abuse)
- A change in mental status
- Lack of cleanliness or poor physical appearance
- Unexplained weight loss
- Refusal to take medication or eat
- Refusal to speak or reclusiveness
- Emotional outbursts and mood swings
- Regular infections
- Welts, cuts, or bruising
- Fractures or broken bones
Primary care needs include providing food and medication, as well as assistance with bathing, cleaning and getting dressed. If primary care has not been provided, this is a form of neglect, and you can most definitely make a claim. Call our experts who can provide care home claims solicitors today for more information.
The pressure ulcers in nursing home statistics do not make great reading. A pressure ulcer is described as an underlying tissue over a bony prominence or a localised injury to the skin, which has occurred due to pressure. In terms of pressure sore compensation NHS and expenditure, it costs the UK £2.1 billion per year. You can use the table below to see statistics regarding the number of bedsores in nursing homes.
If you’d like to know more about care home compensation claims
You can use this publication to find out more about the prevention and control of infection in care homes. If a control infection is not controlled, it can easily be passed onto other patients. This is something that could have been prevented if the care home had taken the correct measures. With that said, you can begin a claim for suing care home centres for such an incident.
For more information on care home compensation claims, please get in touch with our team, or read on to find out more about care home claims please read on.
When compared with privately operated care homes, there is a small number of NHS run facilities in the UK. NHS will always use qualified care workers, and this is why they deem any negligence cases very serious. If an individual care worker has been found guilty of negligence, he or she will lose their job and will not be allowed to work in the medical sector again. This is why it is essential that you have appropriate proof when claiming care home compensation for neglect UK-based that operates under the NHS.
Slips, trips and falls are some of the most common accidents in care homes. These incidents can easily occur if the facilities and buildings have not been maintained properly. Call us today to start your claim or to discuss care home claims in greater detail.
Reasons you could claim for a fall
It might be fair to say that some elderly people aren’t as steady on their feet as they were when they were younger. Therefore, you might think that if they fall over, it’s just one of those things. In some cases, that may be true. However, care home compensation could be sought for injuries sustained following a fall that was caused by the care home operator’s negligence.
As the operator has a duty of care to try and keep residents as safe as possible, they need to conduct regular risk assessments. If a potential problem is identified, it should be removed or improvements should be made to help keep residents safe. These measures could include:
- Ensuring cleaning of floors is completed while residents aren’t using the area.
- Providing handrails in bathrooms and toilet facilities.
- Providing adequate staff training in lifting techniques.
- Using harnesses and lifts correctly.
- Assessing individual needs and providing adequate mobility aids where required.
Where the correct procedures are not adhered to, you could seek care home compensation on behalf of a loved one if they fall and hurt themselves as a result. It goes without saying that any form of abuse that causes injuries following a fall could also entitle you to claim compensation.
To learn more about how we could help with care home compensation claims, please get in touch today. Our team will assess what’s happened and explain your legal options for free.
We have also launched a number of care home accident claims for individuals that work in this environment. There are many types of accidents that could happen in this workplace. You need to show that your employer is to blame for what has happened to you; for example, he or she may have failed to protect you from violence or slip and trip hazards. They may have not giving you the correct training or they may have told you to lift a patient that was too heavy without assistance.
The short answer to this question is ‘yes’ – if someone you love has been the victim of care home accident, you can claim on his or her behalf. There are four distinct legal entities that can launch nursing home negligence cases. These are as follows:
- The victim of the injury
- The immediate family members of the victim
- The estate of the victim
- The dependants of the deceased or victim
No matter whether you want to launch a nursing home bed sores lawsuit or you want to make a claim for a lack of primary care, we can assist you in claiming care home compensation. Call us today to find out about making care home compensation claims on behalf of a relative.
Simply put yes; nursing home negligence cases UK-wide can be launched after someone has passed away if you depended on this person.
If you’d like to know more about care home claims and what can be included in them, please read on to the next section.
When suing a care home for neglect in the UK, you can claim for general damages, i.e. the pain and suffering the victim experienced. You can also claim for any special damages, which are out of pocket expenses. This could be a loss of earnings because you have had to take time off work to care for your loved one. It could also be counselling costs, as well as medical expenses and travel fees. If your loved one has passed away due to the negligence they have been a victim of, you can also claim funeral expenses.
All of our care home compensation cases are 100 per cent No Win No Fee. What does this mean? If care home compensation is not secured for your claim, you do not have to pay anything. If compensation is secured, the legal fees come directly from your payout. This is a percentage amount that would have been agreed on between you and your solicitor prior to the service taking place. This makes certain that you will have money to cover the cost of hiring a lawyer and you are never going to be left off in a worse financial situation than when you started the claim process. This could easily happen if you went for a traditional lawyer that charges per hour, though.
If you’d like to know more about how much compensation care home claims can attract, then please read on to the next section.
You will probably want to know how much care home compensation could be awarded for the type of negligence that you or your family member has had to endure. In the table below, you can see the average payout for common injuries relating to negligence in a care home.
|Back||Injuries of this bracket will include things like disturbance of ligaments and muscles giving rise to backache, soft tissue injuries resulting in a prolonged acceleration and/or exacerbation of a pre-existing back condition, usually by five years or more.||£11,730 to £26,050|
|Neck||This bracket will include injuries causing fractures or dislocations or severe damage to soft tissues and/or ruptured tendons that lead to chronic conditions and significant disability of a permanent nature.||£42,680 to £52,540|
|Shoulder||Injuries in this bracket will include dislocation of the shoulder and damage to the lower part of the brachial plexus causing pain in shoulder and neck, aching in elbow, sensory symptoms in the forearm and hand, and weakness of grip or a fractured humerus leading to restricted shoulder movement.||£11,980 to £18,020|
|Elbow||Injuries causing impairment of function but not involving major surgery or significant disability will be included in this bracket.||£14,690 to £30,050|
|Hand||Injuries in this bracket will include ones which have reduced the hand to about 50 per cent capacity.||£27,220 to £58,100|
|Wrist||Will include injuries resulting in significant permanent disability, but where some useful movement remains.||£22,990 to £36,770|
|Thumb||These are injuries such as those necessitating arthrodesis of the interphalangeal joint or causing damage to tendons or nerves. Such injuries result in impairment of sensation and function and cosmetic deformity.||£9,080 to £11,820|
|Leg||This bracket will include cases of fractures where a recovery, although incomplete, is made, and in cases of serious soft tissue injuries which cause a significant cosmetic deficit and restrictions in function.||£16,860 to £26,050|
|Arm||Injuries within this bracket will include serious fractures to the forearm where there is significant cosmetic or functional disability||£36,770 to £56,180|
|Ankle||This bracket will include injuries which require extensive treatment and/or a long period of time in plaster, or where there have been pins inserted resulting in ankle instability and a limited ability to walk.||£29,380 to £46,980|
|Foot||Injuries which lead to continuing pain from traumatic arthritis or carry the risk of future arthritis.||£23,460 to £36,790|
|Chest||Fractures of ribs or soft tissue injuries causing serious pain and disability over a period of weeks.||Up to £3,710|
Don’t panic if you cannot see the injury you or your loved one has suffered from in the table above. You will still be able to make a claim. You can call us to find out an estimate if you would like.
If you want to start the claim process, it is simple with AccidentClaims.co.uk. Simply give us a call and we will provide a free consultation. This allows us to fully understand what has happened so we can give you the greatest advice. We can also sort out a local medical examination if this is needed. Again, we do this free of charge.
This is the easiest question of them all! You only need to look at our reputation and track record, and you will see why we are the best option for you. We handle all nursing home claims on a No Win No Fee basis, and we always put our clients first. We promise you that you will not find a better service anywhere else in handling care home claims.
Don’t delay another minute. Start your claim today and get the care home compensation you deserve. You will be paired with a medical negligence solicitor with over 30 years of experience. Call us on 0800 073 8801. Our number is available seven days per week, 24 hours per day, so you can call at a time that is convenient for you. If you would prefer, you can also use the live chat feature on our website or send an email to firstname.lastname@example.org.
We hope you have found this guide helpful. If you need further information, please use the links below.
This is the NHS guide to care homes, including how to choose a care home, payments involved, and much more.
You can use the link above to report the abuse of an older person to the UK government.
You should head to this link if you would like more information on prosecuting crimes for older people.
This link takes you to the government website for Northern Ireland. You will find advice on how to recognise and report elder abuse.
Our guide on accident at work compensation claims may help you get the compensation you deserve after a work injury.
Read our guide to GP negligence claims for more information on claiming for medical negligence caused by a GP.
And we also have a guide on head injury claims, which may shed some light on making a claim following a head injury, whether sustained in a care home or elsewhere.
What is classed as negligence in a care home?
Negligence in a care home is where the standard of care that you or a loved one receives is below what you would expect from a competent medical professional. If medical negligence causes injury, you may be able to make a claim.
What kinds of things can be indicative of medical negligence in a care home?
Care home neglect can take many different forms, including lack of hygiene maintenance, incorrect medication being prescribed or administered and injuries caused by staff failing to help residents move around.
How long do I have to make a claim for care home negligence?
The personal injury claims time limit, which includes claims made against care and nursing homes, is three years from the date of injury.
How are care home negligence compensation awards calculated?
The amount of compensation awarded in negligence cases will take into consideration the effect that the injuries have had on the quality of life of the injured person, as well as any special damages that are relevant to the case.
What will be covered in a care home claim for negligence?
As well as the general damages which compensate for injuries sustained, a nursing home compensation claim will also cover any costs incurred in the form of special damages. This can include travel expenses, loss of earnings and medical costs, among other things.
How can you prove negligence in a care home?
In order to claim care home compensation, you should collect as much evidence as possible relating to the conditions in the care home, as well as photographs and medical records relating to the injuries of the victim.
Is it necessary for a solicitor to represent me in a claim for care home negligence?
You don’t need a solicitor to make a claim for care home compensation. But a medical negligence claim can be complex, and you will find that the process is immeasurably quicker and easier with the help of an expert personal injury solicitor.
How much does it cost to make a claim against a nursing home for negligence?
Some law firms will charge an hourly rate in a medical negligence claim against a care home, meaning that the costs of their services quickly add up with no guarantee that you will receive your compensation. With Accident Claims, our No Win No Fee agreement means you won’t pay a thing until your compensation claim is settled and you’ve received your payment.
Thank you for reading our guide to nursing home claims, negligence in care home claims and care home compensation. We hope that we’ve answered all your questions relating to care home claims.