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Care homes are expected to be a safe haven for any legal resident in the home. You can make care home claims against the home if your loved one is neglected.
When making the difficult decision to place a loved one in a care home, the minimum expectation is that they will get the right level of care. It is expected that your loved one is provided with adequate support and care, especially considering your financial investment. Settling for anything less is simply unacceptable. You may be able to make care home negligence claims.
We offer a completely free, no-obligation consultation call to see if we can connect you to an expert law firm to assist with your potential claim. Get in touch with us today for more info.
Neglect in care homes refers to when care home staff fail in their duty to provide the required level of care to residents leading to injury, avoidable harm, complication or even death of the resident. Any form of substandard care or negligent treatment of care home staff which are not at the right standard expected from professional caregivers can lead to serious problems for the residents and their families.
When elderly, frail, vulnerable or disabled loved ones are not treated right, the law makes provision for justice. You may be able to bring forward care home claims if your loved one has suffered unnecessarily because of the action or inaction of their caregivers.
First Step to take if you suspect Care Home Negligence
The first thing to do is gather as much evidence as you can to support your suspicions.
At Medical Negligence Direct, our partnered solicitors have undertaken several care home negligence claims over the years and won deserving compensation for our clients.
All you have to do is to get in touch via our helplines 0800 644 4240, request a call back or fill out our online forms. If you qualify for a free claim assessment and that is successful we can put you in touch with one of our partnered law firms.
Why Make A Claim?
There can be many reasons why you would wish to seek redress if you or your loved one has been harmed by a negligent healthcare provider.
Again, making care home claims is one way to make things right. After a successful claim, it is only fair that you and your loved one are compensated for the harm, injury or trauma; providing the necessary financial support to make life bearable.
Furthermore, making a negligence claim also serves to highlight the need for improvement in areas of care home management while prompting a thorough review of the quality of their service. Reach out to us today on 0800 644 4240
Forms Of Neglect Experienced in Care Homes
Care home neglect or abuse can come in different forms. It could be poor health planning, failure of the management to ensure that the facility is both secure and safe for residents, failing to ensure that care home staff are professionals who have the required training and experience, etc.
Here are some forms care home neglect can take;
Failure of care home staff to provide residents with adequate food
Failure of the care home staff to administer medications to a resident as prescribed.
Failing to secure the home properly leading to residents suffering injuries, for instance, from trips and falls.
Misdiagnosis of a resident’s condition by the GP assigned to the care home
Failure of care home staff to treat bedsores
Failing to move resident at intervals leading to development of pressure sores
Failing to inform family members of any changes in the health of their loved one especially if their health worsens.
Poor monitoring of residents allowing them to wander off
Abusive treatment- such as physical, psychological or even sexual abuse of a resident
Failing to attend to resident’s complaints or needs
Use of excessive force to restrain a resident
Failing to wash or clean a resident, change their beddings and allowing them to look unkempt.
If your family member in a care home suffers any of these care home abuse, they may suffer avoidable pain, trauma or complications and if this is proven, you are entitled to compensation for care home negligence.
Resulting Consequences Of Poor Care
When a resident is negligently treated in a care home, there are a number of conditions that may occur. These include;
Avoidable injuries including hip injuries, fractures and bruises from a fall.
Complications from administering the wrong medication or wrong dosage.
Bedsores or pressure sores from being left unattended for a long time.
Skin infections caused by dirty clothes or beddings
Psychological trauma from being abused physically or psychologically. For instance, when you notice your loved one is withdrawn, always afraid, apprehensive, anxious, etc.
Malnourishment And Dehydration from poor diet
Your elderly or vulnerable loved one should not have to endure a distressing experience at the hands of those whom you have entrusted them to. If you suspect your family member is suffering as a result of negligent treatment or incurred unexplained injuries, you may have grounds to make care home injury claims.
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Making Care Home Negligence Claims
There are different care home related claims you could make. These include-
Care Home Injury Claims
Care Home GP Negligence Claims
Care Home Abuse Claims
Care Home Misdiagnosis Claims
Lost Medical Records Claims
How To Make A Care Home Negligence Claim
For you to make a claim for care home negligence, there are certain aspects of a medical negligence claim that you have to prove. Two very important parts of a negligence claim to be established for a claim to be successful are liability and causation.
What this means is you have to show that:
Your caregiver had a responsibility to care for you. Every medical or healthcare provider owes a duty of care to patients under their care. This is the same for care home providers.
- That duty or responsibility of care was breached. In other words, the care giver failed in their duty to provide the right level of care for the resident.
- Your loved one (resident) has suffered avoidable pain, trauma or injury as a result of the negligent treatment received.
- In addition to the injury suffered, you and your loved one have also suffered other forms of damage. This may be financial, psychological, etc.
Proving Negligence in Care Home
Very important to the success of your claims is your ability to provide evidence to strengthen your claim. The documents listed below will be vital to the success of your claim:
- Your account of what happened including what your loved one can recall (if possible)
- Medical reports and doctor’s report
- Photographs, CCTV footage if available
- Eye witness account
- Proof that the care home management owed you or your loved one a duty of care (contract agreement)
- Proof of any financial loss incurred
- A report from an independent medical expert who has examined your loved one, confirming the likelihood of negligence in their care/treatment.
Compensation Amount For A Care Home Negligence Claim
It is quite impossible to say for sure how much you can get as compensation for care home negligence. This is because each care home negligence claim is different from the other. The circumstances surrounding each claim is different and that is what determines the settlement payout of care home claims.
The following are determinants of how much you may likely get after a successful claim.
- Type and severity of injury suffered
- Prognosis for the future
- Cost of medical treatment
- Cost of rehabilitation
- Out of pocket expenses and future expected losses
- Cost of special equipment
- Cost of further special care
We would be happy to get you started with your potential claim. Contact us 0800 644 4240 for a free assessment today!
Get Help From Experts
If your loved one has suffered neglect in a care home, you may have strong grounds to make a claim. Our partnered care home claims solicitors are ready to assist you with your potential claims. If you are claiming on behalf of a loved one, you will be guided on what you need to make a claim on their behalf.
It is important that you are aware of the medical negligence time limits so that you can begin your claims in time before it is statute barred. You have three years from the date of knowledge of negligence to make your claims and it is to your advantage if you begin your claims in good time.
We are a claims management company and receive payments from our partnered law firms for our service. Call us on 0800 644 4240 or fill out our online forms to get started and see if you qualify for a FREE claim assessment.