Care homes and nursing homes are often seen by families and the best and only option available to them to ensure the safety and care of their vulnerable and elderly loved ones. This is largely the case, and most residents in care homes are looked after, and cared for, by kind and skilled staff. However, in the instances where this does not occur, and staff act abusively or violently towards their residents, it can lead to vicious cycles of physical and mental abuse. 

 

Situations of care home abuse claims are one of the most distressing and upsetting that our specialist abuse solicitors see. Injury, pain, and suffering being intentionally inflicted by a carer on an elderly or vulnerable victim is unthinkable, and many loved ones and family members cannot comprehend what has happened. As part of the healing process, many people choose to make a care home abuse claim on behalf of their loved one in order to receive financial compensation for the pain and suffering that they have gone through. This is done using a specialist abuse solicitor, such as MG Legal, and through a criminal assault claim. 

There is no official legal definition of what abuse is. Still, generally speaking, it is considered to be to treat somebody intentionally badly, cruelly, or violently. Abuse is often a pattern, occurring regularly or repeatedly over a period of time. 

 

In a care home setting, abuse can manifest in a number of ways. These include: 

 

 

 

 

According to professional policy research, older people staying in care homes are particularly vulnerable to abuse from staff ‘due to their dependencies related to cognitive and/or functional self-care challenges’. With the population living longer and healthier lives than ever before, the proportion of elderly people living to ages where they require extra help and care due to both physical and mental deterioration. 

 

However, it is this physical and mental deterioration that makes them particularly vulnerable to all kinds of abuse. With this growing proportion of the population who require care and medical assistance, comes a growing demand for care workers and staff. Working as a care home assistant or a nursing home member of staff is a rewarding but difficult job, and one that has a notoriously high staff turnover. This staff turnover is considered to be an important factor in nursing home care quality and cases of care home abuse. 

 

With staff shortages being common, the level of training and background checks that are done into new staff members can sometimes lack, and untrained and unvetted staff are left in charge of the care of vulnerable elderly people. It is this lack of regulation and needs for extra staff members that care home residents can be at-risk for care home abuse.  

Whether you have recognised some of the signs of care home abuse, witnessed the care home abuse first hand, or heard of care home abuse from your parent or loved one themselves, you will want to make sure that the correct steps are made to bring an end to the abuse and to ensure that justice is brought for the abuser. You are not alone, and you should not feel any guilt or blame for the possible abuse that your relative is experiencing. When you made the decision to place your loved one in care, you did so with their best interests at heart, and under the conditions that they would receive the best level of care possible, and be in safe hands. If this is not the case, then you could find yourself asking what to do, and where to turn. 

 

If you suspect that your parents are being subject to care home abuse, there are some steps that you can take to help your parent, and achieve the best outcome for their safety: 

 

1. Find out how the injuries occurred- if your parent or loved one has suffered from injuries of any kind, and you are not 100% sure how the accident happened, you need to first establish what caused the injuries. For more help on how to do this, see here. 

If you are making a care home abuse claim for a physical injury or assault, then you have two years from the date at which the assault occurred, or the date that you were aware of the injuries arising from an assault, in which to make a criminal injury claim for personal injury compensation. These claims are different to standard injury claims from accidents and falls, and are done through a different process. Because of this, they should be handled by a specialist solicitor, such as MG Legal. For more information on the process, or how we can help, contact our team for a no-obligation discussion with a specialist solicitor. 

 

If you are making a claim for another kind of abuse in a care home, then subject to the 1980 Limitation Act you have 3 years from the date of injury, or the date that you became aware of the injuries in which to pursue a claim for financial compensation. 

 

If you are making a care home abuse claim on behalf of someone with limited mental capacity, then the rules can be different. Simply get in touch with us here for a hassle-free way to determine the time limits imposed on your particular care home abuse claim.