By Ruth Dolan. Last Updated 9th February 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 you deserve.
At AccidentClaims.co.uk, we have many years of experience in helping victims of care home negligence to get the 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
- Care home negligence case study – Calderdale
- 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?
- 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 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 negligence claims. This includes claiming for pressure sores in care homes, how to take legal action against care homes, and the care home neglect compensation payout you are likely to receive.
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.
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 care home 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.
- 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 negligence claims, why not give our team a call? Friendly and experienced, they can answer any questions you may have and if you wanted to pursue a claim, they can connect you with our specialist team of solicitors today.
The Calderdale review of Elm View Nursing Home is an example of a serious breach in terms of care home health and safety. This review was ordered in December 2011 after a number of concerns were voiced regarding the care people were receiving. The review outlines extensively the issues regarding the care as well as why safeguarding alerts were not raised by outside agencies. You may even remember hearing about this case on the news, as the former manager and owner of the care home were both jailed for 12 months. Due to chronic understaffing, patients were suffering severe neglect, as even the most basic care procedures were not carried out. The bad care resulted in a number of residents developing pressure sores. We can help victims of such incidents to make bedsores in care home claims.
In most cases, care home 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.
When it comes to care home negligence 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 elder abuse. We have plenty of experience in launching these types of care home negligence 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.
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 negligence claims, please get in touch with our team.
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 suing a care home 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 building have not been maintained properly. Call us today to start your claim.
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. Call us today to find out about making care home negligence 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.
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 negligence cases are 100 percent No Win No Fee. What does this mean? If 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.
You will probably want to know how much care home compensation could be awarded for the type of care home 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 care home negligence.
|Back||Minor to severe||From around £2,3000 to £151,070|
|Neck||Minor to severe||From around £2,300 to in the region of £139,210|
|Shoulder||Minor to severe||From around £2,300 to £45,070|
|Elbow||Minor to severely disabling||Up to £51,460|
|Hand||Minor to full amputation||Up to £189,110|
|Wrist||Minor to very severe||£3,310 to £56,180|
|Thumb||Minor to full amputation||Up to £51,460|
|Leg||Minor to full amputation||Up to £264,650|
Don’t panic if you cannot see the injury you or your loved one has experienced 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.
Don’t delay another minute. Start your claim today and get the care home compensation you deserve. You will be paired with a 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 email@example.com.
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 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.
Click here to read our guide on accident at work compensation claims.
Or head here to read our guide to GP negligence claims.
And we also have a guide on head injury claims, which you can read here.
Thank you for reading our guide to nursing home claims, care home negligence claims and care home compensation.