Medical negligence
Care home claims
If you or a loved one has suffered an injury or illness in a care home, it can be quite traumatic and sometimes life changing. Our specialist care home negligence solicitors can help get the compensation you deserve.
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What are care home negligence claims?
When your elderly or vulnerable loved ones reside in a care home (also referred to as a nursing home), you rightly expect a certain level of care and preservation of their health and safety.
In most care homes, an excellent level of care is provided. However, there are exceptions, and when these result in poor care or medical treatment this can lead to loved ones becoming ill or injured. When this happens, they may be entitled to compensation for care home negligence.
What are the most common types of care home negligence cases?
There are different scenarios which can lead to a care home injury, for example:
Pressure ulcers and pressure sores
Sadly, patients of care homes are often not able to move as freely as they once were. Sometimes they are unable to move position without the assistance of care home staff. On occasions care home staff might not be attentive enough to their patient’s need and leave them in the same position for too long. A patient’s skin is then in contact with the same surface, perhaps a bed or the floor which can result in pressure sores or ulcers.
Pressure sores can be very painful and take a long time to heal, and some don’t heal at all. This kind of sore can lead to infection, and can restrict a patient’s ability to walk, move or bathe. In extreme cases they can also lead to amputations.
Medication and prescription errors
- Administering the wrong medication
- Failing to keep meticulous and up-to-date records of the patient's medical history
- Failing to give accurate instructions
- Misdiagnosing a patient’s illness which leads to prescribing the incorrect medication.
Medication and prescription errors can lead to serious and even life-threatening conditions, and at the very least make an elderly person very ill rather than helping them to recover.
Injuries and fractures from falls and handling errors
Care home residents may be vulnerable to injuries from falls if:
- They are not properly risk assessed
- They’re not provided with appropriate mobility aids
- They’re not adequately supervised
- They’re handled by staff carelessly
There are occasions when a fall in a care home hasn’t been caused by negligence, however some accidents are avoidable with proper care.
Injuries from neglect and abuse
In other cases, the families of care home residents are horrified to discover that an injury has been caused by abuse or deliberate neglect. In these circumstances, you need a legal expert on your side to help prove that the injury was caused by deliberate abuse, and not by the person’s age or an unavoidable accident.
Slater and Gordon have a team of experts who specialise in elderly abuse and can help prove your case and get the justice your loved one deserves.
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help. Mr and Mrs H (medical negligence client)
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)
Can I make a care home negligence claim?
If you believe your loved one is suffering as a result of care home negligence, you may be entitled to make a claim for compensation. To do so, you’ll need to be able to prove that the standard of care provided was negligent, and that your loved one has suffered as a result.
When you contact our care home claims solicitors, we’ll talk you through the process of making a claim and discuss the case in detail to determine whether we think there is a claim. We understand how distressing and emotional it can be to learn that a loved one is suffering due to negligent care, and we’re here to support you and your family at every step of the way. To start your claim, get in touch with a member of our team today for a confidential, no obligation discussion.
Can I raise a complaint with the care home while I pursue a negligence claim?
Yes, you can submit a complaint to the management of your loved one’s care home if you believe they are suffering because of negligent care. Doing so will not prevent you from making a civil claim for the harm they have already endured, but it can help put a stop to the negligent behaviour and shed a light on any bad practices at the care home.
To raise a complaint with a care home, you should write or email the management or complaints team, stating your concerns clearly and in as much detail as possible. The management team should then investigate your concerns and, where negligent practices are found, rectify these quickly.
They should also inform you of the steps they have taken to ensure a high standard of care going forward. If they don’t respond, or negligent practices are allowed to continue, you can then raise your complaint with your local government ombudsman.
At every stage of the complaints process, you should keep your correspondence documented, and keep your care home negligence solicitor updated as you go, as any response from the care home or local government ombudsman may also be used as evidence in the civil compensation claim.
Why should I choose Slater and Gordon's care home claims solicitors?
At Slater and Gordon, our expert medical negligence team is one of the best in the country, and our industry-leading team are consistently ranked highly in independent legal directories, such as Chambers and Partners, and the Legal 500.
We pride ourselves on the breadth of cases we can investigate and have a national medical negligence team, all of whom only practice in this area of the law. This ensures they can offer dedicated and specialist advice to guarantee you receive the rehabilitation, support, and compensation you deserve.
As well as a large team of more than 85 specialist medical negligence solicitors, Slater and Gordon also employs highly experienced in-house midwives and litigation nurses to work collaboratively with our solicitors. This results in an excellent team that can be relied upon to investigate potential care home negligence correctly and effectively.
We strive to keep our client’s needs at the front and centre of the care home negligence process and over the years our dedication to protecting the rights of the individual have resulted in thousands of 5-star reviews and an “Excellent” rating on Trustpilot.
Crucially, our solicitors know the importance of supporting you and your family through this most difficult time. We’ll be sensitive to your needs, compassionate and understanding of the challenges you and your family are facing when investigating the case.
Why choose Slater and Gordon?
No Win No Fee
We offer 'No Win No Fee' funding on cases of medical negligence, meaning there's no financial risk to you.
Talk to the experts
We have teams of legal experts who specialise in representing those who’ve suffered injuries as a result of medical negligence.
In-house medical experts
Our in house medical team provide us with advice and assistance allowing us to determine when and where your medical treatment became substandard.
Your local law firm
We’re a reputable National law firm with expert lawyers in local areas across England, Scotland and Wales.
Frequently asked questions about care home claims
How much can I claim for medical negligence caused by a care home?
Naturally, every medical negligence case is different, and the final amount of compensation awarded will be based on the severity of the injury and the affect the injury has had on your loved one’s life. Additionally, you may be able to claim for any financial losses incurred, as well as the cost of any additional care, rehabilitation or treatment needed as a result of the care home negligence.
To establish your full legal position, call us on 0330 041 5869.
How much time do I have to make a care home claim?
A care home negligence claim must be made within three years from the date the negligence occurred, or the date you were first aware you had suffered a significant injury or illness due to negligence.
However, it is important to note that there are some exceptions to this rule; for instance, if you are making a claim on behalf of someone who lacks the mental capacity to do so for themselves. It’s therefore important that you seek advice from a solicitor who specialises in care home negligence cases as soon as possible, as they will be able to advise you of any time limits pertinent to your case.
To read more about the time limits of making a claim, please read our medical negligence FAQs or our medical negligence claims guide.
How much does it cost to make a care home negligence claim?
The majority of our care home negligence claims are funded by a conditional fee agreement, otherwise known as a ‘No Win No Fee’ agreement.
This means if you lose your case, you won’t have to pay any fees and therefore, there’s no financial risk to you. For further information, about ‘No Win No Fee’ agreements, please read our medical negligence fees page.
Can I change my solicitors to Slater and Gordon?
If you or a family member have been seriously impacted by medical negligence, and you feel that you're not getting the specialist legal advice you need from your current solicitor, we'll be happy to discuss switching your case to Slater and Gordon. Simply call our experts on 0330 041 5869 or contact us online.