Care Home Injury Q&A
Care Home Injury Questions and Answers
“Do I have a claim?” is a question you may be asking yourself. If you or someone you know has been neglected, injured or abused at a day home, care home, residential care home or hospital, you may have a claim. We know circumstances such as these can be complex, so we offer sensitive, specialist advice and can help you to recover financial compensation for you or your loved. Here are some commonly asked questions that we hear often, as many think that pursuing a claim for compensation can be complicated, costly and cause further suffering. If you have any further questions, please do not hesitate to contact us.
Can I make a claim if my loved one has been injured in a care home?
Yes. All care homes have a duty of care to look after their residents. Care homes should prepare care plans for residents which take into account their individual condition, disability and needs. Regular reviews should be undertaken to ensure the care plans are relevant and risk assessments should also be completed. If an older person suffers harm due to a failure to provide reasonable care, then you may be able to claim compensation.
What are care home injuries and what can I claim for?
Care home injuries include, but are not limited to:
- Failure to supervise (trips, falls and accidents)
- Neglect
- Development of pressure sores
- Restraining marks
- Unexplained weight loss
- Avoidable accidents (floors left wet/ bed rails not put up)
- Abuse – physical, emotional and/or sexual
- Carelessly handling and/or transferring residents
- Broken bones
- Equipment – ensuring it is adequate and staff are properly trained to use it
- Medication errors
- Assault
- Injury caused by the actions of another resident
- Psychological damage
What should I look for if my relative cannot tell me about their care?
You can claim compensation for any injury sustained as a result of the failure to provide reasonable care. For example, you can look for physical injuries such as: fractures/soft tissue injuries; severe bruising; cuts and grazes; pressure sores; pressure ulcers; inappropriate touching by other residents; scalding; dehydration; physical or mental effects of wrong medication; unexplained loss of weight; acting out of character; frequent infections; poor physical appearance and lack of cleanliness.
What type of care home does it apply to?
All types of care homes –Private or local authority.
What should I do first if I suspect signs of care home abuse or mistreatment?
If possible it is better to discuss your concerns with the older person and secure their agreement to report the abuse. The charity Action on Elder Abuse has a helpline and Age UK can offer confidential support. It is important to raise your concerns with the care home manager / safeguarding adults department of the local authority or CQC. If you believe that a crime may have been committed the police need to informed. For further advice, please contact us at 0800 954 0243.
Will they have to move homes?
Not necessarily. The older person can remain in the care home if they/ you wish. Often, a move can cause anxiety and distress so if they are reluctant to move then other options should be explored. Other agencies will usually be involved in this decision such as a social worker from the Local Authority – Safeguarding Adults Department. It is important to find the safest and least disruptive option for the older person concerned.
How do I get my relative moved to another home?
We can offer advice on how to relocate your relative to another home. You will be assisted in making an informed choice about your options. A clear plan will be put in place to ensure that your relative is supported in transferring and settling them into a new home.
How does the process of a claim work?
We will take instructions from you about your relative and then compile the necessary evidence in order to assess if we can pursue a claim on your behalf. This will usually involve obtaining copies of the nursing/care home records, assessing whether blame can be attached to the care provider. If your case is to proceed a medical report will be commissioned to assess any injuries suffered and to allow us to value the claim.
How much will it cost?
When it comes to our fees, we offer a genuine no-win, no-fee arrangement. That means we only get paid if you get compensation. Se essentially contacting us costs you nothing.
What does no win, no fee mean?
No win, no fee essentially means that we only get paid when we win your claim. In successful cases there will be a maximum deduction from your compensation of 25% in addition to any legal costs paid by the other side.
How long will it take?
The average case takes approximately 12 months to conclude but this can vary depending on the facts of the case and the response received from the other side.
Will I have to go to court?
The majority of personal injury cases are settled out of court. If it does, we will ensure you are properly prepared and you be will supported throughout the process. We can advise you further upon learning the specific facts of your case.
Who will get the compensation?
Depending on the level of damages recovered the compensation will be paid out to the older person if they have retained their mental capacity or in certain circumstances it will be paid to the attorney under an enduring power of attorney or the donee of a lasting power of attorney or the Court of Protection.
What if I have a solicitor but am not satisfied with their representation? Can you take over?
If you are not happy with your current lawyers approach or work, we can offer guidance through the process of changing your solicitor quickly.
How long do I have to make a claim?
Usually a claim for injury must be brought within three years from the date of the accident. There are some exceptions to this and we can discuss these with you upon contacting us.
