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.
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
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.
All types of care homes –Private or local authority.
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.
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.
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.