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Care Home Negligence Claims
A UCL survey of 1,544 UK care staff found that abuse was identified in 91 out of 92 care homes. Do you know a victim? Our panel of Care Home Negligence Solicitors can help.
What are Medical Negligence Care Home Claims?
By law, elderly care homes have a duty of care to all residents to ensure they are always safe, comfortable, and unharmed. When your loved one resides in a care home, often called nursing homes, you rightly expect a certain level of care and protection of their health and safety.
The UK government sets specific standards for care homes, which, if not followed, could result in the injury or illness of your loved one. In these cases, victims of this negligence could have reasonable cause to make a claim for compensation for suffering endured.
The Health and Safety Executive (HSE) states that staff at care homes must:
- Provide adequate information to all their employees.
- Ensure training and supervision are supplied when needed.
- Carry out safety measures where required.
- Routinely inspect all safety precautions to ensure the practices in place are up to standard.
We understand that the majority of care homes are excellent, and most residents receive fantastic support day in, day out. However, when that support falls below a certain standard, it is only appropriate that it is put right. In this guide, we explain what to do if your loved one has suffered as a result of negligence in a care home, and how our expert panel of care home negligence solicitors can help if so.
112,000 – The number of alleged elderly abuse cases in England every year
What are the most common types of Care Home Negligence Claims?
Regulations have been tightened in care homes over the past few years, but that doesn’t mean accidents and neglect doesn’t still happen. This can lead to an array of injuries, both physical and mental.
Some of the most common types of injuries our panel see are listed here:
- Trips and Falls
- Lifting residents with inadequate equipment or training
- Spreading of disease or virus (such as COVID-19)
- Pressure ulcers and sores
- Poor hygiene
- Inadequate living conditions
- Medication and prescription errors
- Inadequate risk assessments
- General neglect through lack of resources, staff, or training
Any of the above can leave our elderly loved ones in severe pain and discomfort. Our panel of care home experts are specialists in dealing with elderly abuse and can help prove your case to get the justice you deserve.
Who can claim Care Home Negligence Compensation?
Anyone who believes they have suffered as a result of poor care home care can potentially file a claim against their care home. Generally speaking, claims are made by a family member on behalf of a parent, grandparent, aunt, or uncle. If the elderly family member lacks mental capacity, whoever has been appointed with the lasting power of attorney can file a claim on their behalf.
Normally, a care home or nursing home claim should be brought forward within three years from the date the negligence occurred or the date you were first made aware of any injury or illness due to the negligence.
How is Care Home Negligence Compensation calculated?
There are two specific types of care home compensation that can be claimed – general damages and special damages. However, other costs can also be reclaimed from the care home for your loved one’s suffering.
General Damages – This accounts for the actual physical pain and suffering, along with any psychological trauma suffered as a result of the negligence.
Special Damages - This accounts for all tangible and non-tangible financial costs, like loss of future earnings, cancelled holidays, or missing a major event like a wedding.
Medical Costs - These will generally fall under special damages, but can handled separately in some cases. They cover any additional medical costs that you have incurred as a result of the injury
Travel Costs - These are also often rolled into special costs, but can be claimed separately. This will cover any additional travel costs you have incurred as a result of the negligence
Care Costs – This would cover the costs of the stay in the care or care facility. In some rare severe cases, it may cover the costs of an end of life hospice, should the negligence be that severe
Funeral Expenses – In the result of a resident’s death being caused by the negligence, the funeral costs will be covered
How much you will be due will depend entirely on your specific case. Our friendly panel of care home claim experts can talk you through your case and keep you updated in relation to your compensation amount.
What is the Care Home Claim process?
Here at ClaimExperts.co.uk, we believe every family deserves justice. This is why we make our panel's first-class legal support affordable to everyone. They offer a no-obligation consultation on your case, with nothing to pay upfront. They make the whole process as straightforward as possible:
- Get In Touch
- No Obligation Review Your Case
- Gather Evidence
- Present Evidence To Care Provider
- Await Decision From Provider
- Challenge If They Dispute It
- Receive Compensation And Peace Of Mind
Once you get in touch, our panel can inform you whether you have an eligible claim for compensation. They will then collate all of the relevant evidence and information and present it to the care provider with a request they compensate you. If they refuse, they can take the matter to court, though this is the last resort, and many cases are resolved outside of court.
The majority of our panel's care home negligence claims are taken on what is called a conditional fee agreement, also known as a No Win, No Fee agreement. Our expert panel of care home solicitors will talk you through this agreement before you proceed. There will be no unexpected costs.
Abuse in 99% of Care Homes - A UCL survey of 1,544 UK care staff found that abuse was identified in 91 out of 92 care homes.
Frequently Asked Questions
How long do care home claims take?
This entirely depends on your individual case. Claims that involve straightforward injuries in which the care home has admitted responsibility can conclude in a matter of weeks. If there is a dispute and more evidence is required, or the prognosis of the resident is unclear, the claim can take a little bit longer. Our panel will always keep you up to date.
What evidence will I need?
Evidence that always bolsters your case includes medical reports, photographs of injuries, your contract with the care home, a diary noting conversations you’ve had with the care home about the negligence, and any receipts from your expenses you have incurred.
Can I raise a medical negligence claim for someone else?
Yes, our care home claim panel are usually dealing with the child or grandchild of the resident involved. Our panel regularly works with family or close friends of the victim, who are usually unable to bring forward the claim themselves. Compensation will go to the victim, or into a trust if they cannot manage their own finances.
How much money will care home negligence compensation will I receive?
This depends on the nature of the injury or illness, the implications it has on the resident’s life, and the costs that were incurred or will be incurred in the future. Our panel will be able to tell you how much you should look to recover.
Is there a time limit for claiming compensation?
Care home claims fall under the personal injury bracket of limitations, meaning you usually have three years to bring a claim forward. This time starts from the date you were made aware of the injury – so if you were not aware of the injury for a while, the time limit starts from the date it was officially known. Our panel recommend getting in touch as soon as you discover the injury or negligence.
Dying of neglect – The Spectator reports that care home residents have been confined to their rooms in lockdown across the UK, with staff absences running at 40%. With a consequent reduction in the usual support, residents have been dying of thirst.
How Can We Help?
ClaimExpert.co.uk have a panel of expert Care Home Negligence Solicitors who can bring forward a claim against the care home or nursing home. They can review your case and tell you whether you have a valid claim, and if so, provide you with your next steps.
The compensation awarded can potentially finance a move to another, better care home, whilst also helping you with any financial expenses you might have incurred. It can also provide peace of mind, knowing that your loved one has received justice. Get in touch today to find out how we can help. Our panel offer:
- Panel of Medical Negligence Experts
- Friendly, Knowledgeable Panel Of Solicitors
- No-Obligation Review Of Your Case
- Guide You Through Your Claim, Step By Step
Our Care Home Claim panel are medical negligence experts who can guide you through your claim, step by step. We understand this is a stressful time for you and your loved one, with a range of emotions including anger, betrayal, and confusion. These are all completely normal feelings, and our friendly panel of solicitors can help you through this stressful time.
Contact Us Today
Sending parents or grandparents to a care home can be a stressful time in our lives. In many instances, it will be a last resort decision that you have pondered over for a while. This is why when that care goes wrong there are so many emotions, with so much desire to put it right and get justice.
If you believe you have an eligible care home compensation claim and wish to get your loved one the justice they deserve, get in touch with ClaimExperts.co.uk today. Simply fill out our easy to use enquiry form, and one of our expert panel of solicitors will be right back in touch with your next steps.
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Our panel of legal firms all:
- Operate on a No-Win, No Fee Basis
- Require No Upfront Fees
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