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When you work with MG Legal's care home negligence solicitors, you get:
Free, no-obligation consultation with a specialist solicitor
The maximum financial compensation in care home negligence claims
A designated solicitor with up to 30 years of experience
A guide to care home negligence claims:
What are care home negligence claims?
When you make the difficult decision for your loved ones to move into a care home or nursing home, you deserve to be able to have complete confidence in the quality of care that they are receiving, and to rest assured that they are being taken care of in the best way possible. For the large majority of care homes, this expectation is met, and residents are treated with respect, care and compassion, with their health and safety needs being met at all times. However, in a small minority of care homes, there are exceptions to this standard of care, where care homes fail to provide necessary medical treatment and care, leading to residents becoming injured and suffering from unnecessary illness.
When this happens, our specialist solicitors are here to help you make a no win no fee care home negligence claim and get justice for your loved ones, either working with them or on their behalf. Read on to learn more about care home negligence claims, or contact our no win no fee care home negligence solicitors online here to discuss your potential care home negligence claim on a free no obligation basis.
Can you sue a nursing home for a fall?
If a resident suffers injuries from a slip, trip, or fall in a care home, you may be able to make care home negligence claims on their behalf. If the care home fall occurred because the resident was not being properly supervised, or properly assisted by a member of staff, then you could make one of our care home negligence claims for care home neglect.
Similarly, if your loved one suffered from further injury or illness because their care home fall was not handled properly, or not responded to quickly enough, then you could also make a care home negligence claim for this delayed response. For more information on how slip, trip and fall claims work in care home negligence claims,
What are care home negligence claims?
We expect that when we arrange for our elderly loved ones to be looked after in a care home, that they are receiving a good standard of care. While this is largely the case in care homes across the nation, there are some exceptions in which negligence on the part of the care home itself, or care home staff, leads to poor medical care and incorrect medical treatment.
In some cases, this can lead to unnecessary injury or illness to our loved ones. If you believe that this has occurred, then do not hesitate to get in touch with a medical negligence solicitor specialising in care home claims today.
Some of the most common examples of care home negligence claims are for:
Medication errors- either prescribing the wrong medication, administering the wrong medication, administering the wrong dosage of a medication, or failing to provide medication
Fractures and broken bones from handling errors or falls from beds
Pressure sores from negligence hygiene care- when a patient spends too long lying on a bed, or when a medical plaster is applied incorrectly on a fracture
Can I take legal action against a care home in a care home claim?
Yes. If a care home or its staff has acted negligently, or offered a low standard of care, that has resulted in you or your loved one suffering from injury or illness, then you could take legal action against a care home. This would be through a care home negligence claim, and you would need to enlist the help of a specialist care home negligence solicitor, such as MG Legal.
Signs of nursing home neglect:
If your loved one is living in a care home, or a nursing home, and you suspect that neglect may be happening, there are some warning signs to look out for. These signs alone do not constitute neglect per say, but if a resident is regularly displaying these symptoms, or is displaying a number of these symptoms, then it could be an indication that neglect is taking place. The warning signs of care home neglect include:
What causes nursing home neglect?
While care home neglect is not intentional in the same way that care home abuse is, it is still an example of staff mistakes or negligence actions that result in them performing their job at a low standard, and providing a low quality of care.
Some causes of this negligence can often include:
• Understaffing- there not being enough members of staff to adequately care for the residents
• Inadequate training- often if new staff are needed quickly, the level of training that they receive before starting the job is not good enough
• Negligent hiring- if inadequate background checks are done on new staff, they may not have the moral background you would want for somebody caring for the vulnerable
Negligent care home fined over £1 million for death of patient:
In late 2021, Aster Healthcare plead guilty to corporate manslaughter after 95-year-old patient Frances Norris died in 2015 suffering from burns. The care home owners fined £1.04m by a judge who handed suspended prison sentences to its former manager and a member of staff for their negligence in the events that occurred.
Frances Norris, who was a dementia patient in the care home, passed away after suffering from burns in a hot bath. As part of the trial for the care home negligence, it was found that the care home manager was “well aware” of problems raised for a number of years in relation to hot water systems at the care home, and failed to act on this. The patient was put in the bath- when she complained of the water being cold, a junior carer put the hot water tap on. It was only after several minutes that the carer noticed the temperature of the water Mrs Norris was sitting in had become far too hot. After being rushed to hospital and seen by the specialist burns unit, it was found that 12% of her body was covered in serious burns’ and she later died of these burns. Of her negligence, the judge said: “She knew enough about the risks of hot water and the longstanding problems at the home”, including the thermostatic mixing valves and safety issues.
Overall, the care home company admitted falsifying water temperature records, falsifying a record of the servicing of the thermostatic mixing valves, and falsifying a contract of the servicing to be provided to the Care Quality Commission and Health and Safety Executive. The judge said Aster Healthcare was a company that had used “cost cutting” and had “fallen short of standards”. She added that attempts were made to mislead the investigation into the death, with false records being created and minutes of meetings rewritten after they had been destroyed.
This upsetting case is a dangerous example of care home negligence, and the severity of what it can lead to. If you or your loved one have suffered in any way due to care home negligence, then you could be able to make a no win no fee care home negligence claim with our specialist solicitors. To speak to a care home negligence solicitor today about your care home negligence claim on a free, no-obligation basis, simply contact us online here and speak to a no win no fee solicitor within one working hour.
Can I make wrongful death care home negligence claims?
A wrongful death is a death that has occurred due to the negligence care in a care home or nursing home. It essentially means that if the care of the resident had been of an adequate standard, they would have died when they did or in the way that they did.
If your relative or loved one has died as a result of care home negligence, or poor care home treatment, then you could be eligible to make a fatal care home negligence claim. These claims must be handled with a huge amount of care and sensitivity, and our fatal accident solicitors know how important it is that they are allocated maximum attention from their allocated solicitor. If you are looking to make a wrongful death claim for care home negligence, then get in touch with MG Legal’s fatal accident solicitors today for a no-obligation discussion.
Who can make care home negligence claims for injury or illness?
If you, or your relative or loved one, has been injured in a care home due to care home negligence, you may be wondering if you are eligible to make care home negligence claims for personal injury. There are a few different options to who can make a claim for care home compensation.
The family members of the injured care home resident- if the care home resident who has suffered from care home negligence is too severely injured, or does not have mental capacity to make a claim on their own behalf, the claim can be made by their immediate family members.
Dependants of the injured person- If the victim is too badly injured to make a claim on their own behalf, or has tragically passed away as a result of the injuries, it can be up to the dependants of the victim to make the care home negligence compensation claim.
The injured person themselves- if the victim of the injuries and care home negligence is physically and mentally sound enough to make a care home negligence compensation claim, they will be able to make the claim on their own behalf.
Predicted care home staff shortages due to vaccination rules:
From November 11 2021, it will be necessary for all care home staff to be fully vaccinated for covid-19.
This is part of the efforts to protect care home residents from contracting coronavirus. The government themselves predict that around 40,000 care home staff will not be fully vaccinated by this date, and therefore will no longer be able to continue working in the care industry.
This is a worrying prediction regarding care home negligence, with concerns over large-scale staff shortages coming from care home managers across the nation.
With staff shortages comes the risk of not enough staff being on hand to care for care home residents properly, as well as rushed and inadequate training of new staff.
Both of these things are commonly associated with care home negligence claimss, and our care home negligence solicitors are well aware that many instances of negligent care leading to the injury or illness of residents occur in these ways.
Can I make care home negligence claims for a home carer acting negligently?
Yes. These claims against negligent care are not solely for cases that happen within care home facilities. If you have a carer who comes to your home to offer you medical care or assistance, and the individual or company acts negligently, then you are also eligible to make a care home negligence claim for financial compensation.
See below a case study of sucessful care home negligence claims that our specialist care home negligence solicitors settled for a client, for £25,000:
Earlier this year, our specialist medical negligence solicitors worked on one of our care home negligence claims for a client, Mr L, who had suffered from negligent treatment from his home carers. MG Legal’s client, Mr L, had been living alone after recovering from a fall, and had a care plan in place outlining the care that he should receive, and the action that should be taken if his health was to decline.
Our medical negligence solicitors established that these home care visits did take place, but when Mr L began to decline, subsequently needing hospital admission, there was no action taken by the care service providers. Instead, at home carers had visited our client daily, and had made no note of his declining state, the pressure sores that he had developed across his body, or the multitude of other health concerns that had been developing.
After taking on the NO WIN NO FEE care home negligence claim for financial compensation, our specialist medical negligence solicitors got in touch with a national leading medical expert in geriatric care, and obtained a full report on the case from him, including his medical opinion on whether or not Mr L’s treatment by his home carers had been neglectful or not. This is standard procedure with all of our clients, in order to build strong and robust medical negligence compensation claims.
This report found that the care company in charge of Mr L’s at-home care was negligent, and that the actions of one of their carers, in particular, constituted neglect. It stated that the carer’s decision to ignore Mr L’s declining condition, and the development of pressure sores, and to not discuss these matters with his manager, had constituted neglect. The medical report also stated that Mr L required further medical services for his deteriorating state, and that his life was threatened due to the home carer’s failure to seek medical care for him.
After securing this comprehensive medical report, and any further evidence available to build Mr L’s social care negligence claim, our specialist medical negligence solicitors were able to assess the situation in full, and pursue a strong care home negligence claim for financial compensation. Due to the strength of this negligence claim, and the expert evidence it included, MG Legal were able to settle Mr L’s care negligence claim for a total of £25,000. This money allowed our client to begin to rebuild his life and aid in his physical and mental recovery from the neglect.
What is Considered Neglect in a Nursing Home UK?
When we talk about care home negligence claims, what we really mean is the staff of a care home neglecting to meet their duty of care to their residents, and not taking the necessary action to prevent them from encountering pain or harm in any way. Rather than an action directly inflicting harm to a care home resident, care home negligence claims are usually made for a lack of action from care home staff to risks and potential hazards for the resident.
This could mean a failure of care home staff to upkeep the cleanliness of residents, ensure that they take their medication, provide adequate food and water to residents, or a failure to take action on symptoms of potential health problems. If you are wondering how care home negligence claims work, or about eligibility for care home negligence claims, simply contact our no win no fee care home negligence solicitors online here for a no-obligation consultation.
How do you prove nursing home neglect?
While changes in the mood and mannerism of loved ones paired with physical signs of neglect can be enough to convince loved ones that their relative is being subject to neglect and negligence in the care home they are in, it is usually not enough to win a legal claim for financial compensation. Because of the nature of care home neglect, it happening behind closed doors and often to vulnerable people with deteriorating memory function, it can be notoriously difficult to prove negligence in care home negligence claims. However, our care home claims specialist solicitors are experts in these kinds of claims, and know exactly how to navigate the claims and prove causation- that the injuries were directly caused by neglect.
In doing this, your designated solicitor will leave no stone unturned when it comes to proving the neglect, including utilising medical records, witness statements, and obtaining helpful evidence and documents from the care home itself in order to support your claim. If you need help navigating a care home negligence claim, contact MG Legal’s specialist solicitors here for a no-obligation discussion.
How to make care home negligence injury claims:
If you are looking to make one of our care home negligence claims for injuries, for that of a care home resident or care home employee, you should get in touch with a specialist injury compensation solicitor, such as MG Legal, as soon as possible. As soon as you get in touch with MG Legal, and speak to a specialist solicitor on a no-obligation basis, and you choose to work with us on your NO WIN NO FEE care home negligence claim, your designated solicitor will get to work on building your compensation claim to be as strong as possible. Our team work with leading medical specialists to form full medical reports on our clients’ injuries and illnesses, in order to best establish how they were caused and who was to blame for them.
Nobody deserves to be subject to negligent care or treatment when being looked after in a care home. If you, or your relative, have been injured in any way due to the negligent actions of care home staff, then you are not alone, and many just like you have successfully won care home negligence claims for financial compensation for the injuries and suffering of the victims.
Can care home negligence claims be made for Assisted Living?
In terms of what care home negligence claims cover, you might be wondering if care home negligence claims cover assisted living facilities. This would really depend on the specific assisted living facility that your loved one lives in, and the terms and conditions for the services that you pay for at the facility.
Some assisted living facilities are simply aiming to provide socialisation and daily activities for residents, whereas others can also provide medical treatment and management as well. If your loved one is in an assisted living facility which provides medical care or treatment to your loved one, and the duty of care owed to them, has been breached, then you could be eligible to make care home negligence claims for any negligent care. However, if your loved one stays in assisted living facilities that simply provides recreational activities, with no further responsibility of their residents, it might be more difficult to make one of our care negligence claims. Still, this does not mean that it is impossible.
To learn more about whether you are eligible to make a no win no fee care home negligence claims simply get in touch with our specialist care home negligence solicitors online here for a free, no-obligation consultation within one working hour.
What is the average payout for care home negligence claims?
If you are looking to make a care home negligence claim for compensation, you could be wondering how much your potential claim may be worth. When your specialist care home negligence solicitors get to work on building your care home negligence claim for financial compensation, they will break the claim down into two different sections.
These sections, known as general and special damages, are explained fully here. In terms of general damages, which are awarded for pain and suffering of the injuries alone, MG Legal’s specialist team of injury solicitors have put together the following table using the relevant guidelines.
Estimated compensation amount:
Arm fracture- a simple fracture of the forearm
£6,190 to £18,020
Elbow fracture- a simple fracture to the elbow
Up to £11,820
Leg fracture- simple fractures to a femur with no damage to the articular surfaces
£8,550 to £13,210
Ankle fracture- a simple and undisplaced fractured ankle, varying on the likelihood of a full recovery
Up to £12,900
Foot fracture- simple metatarsal fractures
Up to £12,900
Toe fracture- a simple fractured toe
Up to £9,010
Significant scarring- where the worst effects have been reduced by plastic surgery leaving some cosmetic disability
£8,550 to £28,240
Less significant scarring- all but one scar easily hidden or camouflaged
£3,710 to £12,900
Trivial scarring- where the effect is minor
£1,600 to £3,310
How much does it cost to make a care home negligence claim with MG Legal?
Our medical negligence solicitors accept all of our care home negligence claims on a NO WIN NO FEE basis, without exceptions. This means that after you speak to a specialist personal injury solicitor at our offices, and we agree to go forward with your claim for care home negligence, there will be no financial risk to you. If we do not win the claim on your behalf, and obtain your financial compensation, then you owe us nothing.
We are able to work in this way due to the unmatched success rate of our medical negligence solicitors, which is over 99% for all of the claims that we accept.
How long do I have to make a care home negligence claims?
Our medical negligence solicitors understand that after any experience of care home negligence, your main focus will be on obtaining the necessary medical treatment for your loved one and ensuring their health and safety. Under the Limitation Act of 1980, you have three years from the date at which the injury-causing negligence occurred, or the date that you were made aware of it, if this is different, to make a medical negligence claim.
Therefore, if you have taken some time to help your loved one to obtain medical care, then you should still be eligible to make a medical negligence claim for financial compensation. However, one thing that our care home claims solicitors would advise you to keep in mind, is that the care home claims process can be unpredictable. Therefore, it is always best to get in touch with a specialist care home claims solicitor as soon as possible.
NO WIN NO FEE care home negligence claims with MG Legal today:
If you are looking for a friendly, hard-working team of medical negligence solicitors to guide you through the upsetting time of making a care home negligence claim, then look no further than MG Legal. Our team have over 30 years of experience, and act with compassion and sensitivity with all of our clients.
We understand that this is an upsetting process to discuss and go through, but we will work in whichever way suits you best, and always with the dedication to building your care home negligence claim to be as strong as possible, and achieving the maximum amount of compensation.