Care Home Injuries Guide

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 their residents which take into account their individual condition, disability and needs. Regular reviews should be undertaken to make sure the care plans are relevant and risk assessments should 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 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.

It is important to raise your concerns with the care home manager and safeguarding adults department of the local authority or CQC. If you believe that a crime may have been committed the police need to inform.

Contact Irvings Solicitors on 0800 954 0243 for advice.

What can I claim for?

This is not an exhaustive list;

• Falls.
• Abuse – physical /emotional.
• Avoidable accidents (floors left wet/ bed rails not put up).
• Injuries sustained whilst transferring/ handling a resident. For example, from bed to chair.
• Equipment – failing to ensure it is appropriate and staff are properly trained in it’s use.
• Medication errors.
• Assault.
• Neglect.
• Development of pressure ulcers.
• Unexplained weight loss.
• Malnutrition
• Injury caused by the actions of another resident.

What type of injuries would this include? What should I look for if my relative cannot tell me about their care?

You can claim compensation for any injury sustained because of a failure to provide reasonable care.

For example,

• Fractures/ soft tissue injuries.
• Severe bruising; cuts and grazes.
• Pressure sores; pressure ulcers
• Assault and inappropriate touching by other residents.
• Scalding and burns
• Dehydration
• Injuries due to wrongful prescription of medication.
• Unexplained loss of weight /Malnutrition
• Frequent infections
• Psychological damage

How will a compensation claim help?

Damages will be paid for personal injury and associated loss. A claim can assist with providing private medical treatment for any injuries suffered, allow your relative to move to another home if they wish, cover additional care costs and loss of earnings incurred by relatives.

We can help to obtain answers to important question as to why loved ones have been injured and hold care home owners to account to prevent future abuse and neglect.

Will they have to move home?

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 to assess if we can pursue a claim on your behalf. This will usually involve obtaining copies of the care home and medical 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.

A letter of claim will be sent to the care home setting out details of the allegations of negligence made and if necessary, court proceedings will be issued.

Irvings Law will guide you through the claims process and keep you fully informed of progress .

Would I/we have to go to court?

It’s extremely unlikely that your case would need to go to court. Each case is different, and we will advise you about this when we have considered the specific facts of your case.

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 care home.

Can I make a claim if the injured party has died?

Yes, a claim can be brought on behalf of the estate of the deceased or their financial dependants.

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 a lasting power of attorney. If the injured party has died, the damages will be paid to their estate and/or their financial dependants.

How much will it cost?

We act on a No Win No fee basis full details of which will be explained to you at our first no obligation meeting.

Contact

For free no obligation advice contact Irvings Law specialist care home negligence team on Freephone 0800 954 0243 or email info@irvingslaw.com