Nursing homes are places where older people and those in need of care are supposed to feel safe. However, there may be a need for nursing home negligence claims if the inhabitants suffer any injury or health issue due to neglect.
People usually send their relatives to nursing homes for specialised care pertaining to their health issues. It is expected that nursing homes would be equipped with specialised equipment and qualified medical staff. The conditions of the homes should not be such that the inhabitants end up feeling worse due to physical neglect or mental trauma.
Nursing home negligence claims are a type of medical negligence claim since the negligent actions are often related to healthcare. For more information on such claims, get in touch with our team now:
- Call 033 0123 0546.
- Fill out our ‘Claim Online’ form with your details for a callback.
Jump To A Section
- Who Can Make Nursing Home Negligence Claims?
- The Common Nursing Home Negligence Examples
- Claiming For Injuries From Neglect And Abuse
- What Compensation Can Be Awarded For Negligent Nursing Home Treatment?
- Is A Complaint With The Nursing Home Needed In Order To Claim?
- What Evidence Will Be Needed For A Nursing Home Negligence Claim?
- No Win No Fee Nursing Home Negligence Claims
- More Information
Who Can Make Nursing Home Negligence Claims?
The criteria for nursing home negligence claims are as follows:
- The nursing home had a duty of care towards you or your loved one.
- There was a breach of this duty.
- This breach caused you or your loved one an illness or injury.
All nursing home professionals and workers have a duty of care towards those admitted. This duty of care is a responsibility to provide treatment and care that meets the expected standard. Therefore, if you or your loved one has fallen sick or been injured due to any neglect, you may have an eligible nursing home negligence claim.
Apart from claiming for yourself, you may be able to claim for a loved one by becoming a litigation friend, if they are:
- A minor (below the age of 18)
- Have a reduced mental capacity.
Under the Limitation Act 1980, neither of these parties can manage their own claim. The Limitation Act also sets a time limit of 3 years from the date of the injury/harm or date of knowledge (when you should have been able to connect the incident to substandard care) if you are filing your own claim. There are no such time limits imposed on minors or those without mental capacity, unless they turn 18 or recover the capacity required to manage a claim.
For more information on nursing home claim time limits, speak to our advisors now.
The Common Nursing Home Negligence Examples
Depending on the services which nursing homes provide, some of the common examples of negligence are:
Neglect
- Pressure sores: These may occur due to a failure to frequently move residents around, or keeping them in the same position for long periods of time. Pressure sores normally affect those who have lower mobility. These sores or ulcers can be extremely painful, get infected and take a long time to heal.
- Malnutrition or dehydration due to inadequate feeding or fluids, or insufficient feeding assistance.
- Poor hygiene or sanitation: A lack of timely bathing or changing of dressing, leading to infections.
- Failure to monitor health conditions: This can cause health conditions like heart issues or diabetes to worsen due to a delay in treatment.
Medication Errors
- Administering the wrong medication.
- Misdiagnosing a resident’s illness, leading to incorrect medication.
- Failure to administer time-sensitive medication, such as insulin, on time.
Accidents And Injuries
- Falls: This can occur due to a lack of mobility aids, uneven surfaces or insufficient supervision.
- Burns or scalds: The bathwater may be too hot or the heating equipment may malfunction.
- Unsafe facilities: This may include unsafe railings, broken beds or defective stairs.
- Choking accidents: There could be a lack of proper feeding or incorrect preparation of food.
Wrongful Death
- A resident may trip and fall on broken steps and hit their head, leading to immediate death.
- Due to the presence of a known allergen in a resident’s food, they are unable to breathe, and the absence of an EpiPen causes their death.
- Administering the incorrect medication could also lead to wrongful death.
Do you wish to claim for medication errors in care homes? Get in touch with us now for these kinds of nursing home negligence claims.
Claiming For Injuries From Neglect And Abuse
There could be instances of deliberate neglect, such as not feeding or bathing the resident on time. On the other hand, abuse may be of the following kinds:
- Physical Abuse: Unlawful restraint or confinement, hitting or rough handling.
- Emotional or psychological abuse: Verbal insults, manipulation or intimidation.
- Sexual abuse: Assault or inappropriate touching.
- Financial abuse: Stealing money or valuables, or threatening residents to alter their will.
However, if the nursing home is found not to be liable for these instances of deliberate neglect or abuse, nursing home negligence claims may not be possible. In such cases, the other options are:
- Claiming directly against the staff or perpetrator, if they are identified and have the ability to pay compensation.
- Making a criminal injury compensation claim: This can be done through the Criminal Injuries Compensation (CICA), a government organisation for criminal injury claims in England, Scotland and Wales.
Contact our team now for more information on nursing home negligence claims.
What Compensation Can Be Awarded For Negligent Nursing Home Treatment?
The compensation awarded in nursing home negligence claims depends on the severity of the injuries or illness and their impact on the quality of life. Therefore, this amount differs in each case. Potential compensation amounts for the pain and suffering caused come under the category of general damages. These may be calculated with the help of the Judicial College guidelines (JCG), which provide compensation brackets for different injuries.
Our table below shows some of the JCG figures which may be relevant for a care home negligence claim, except for the top figure. Please remember to use this table only for guidance.
Injury Notes Compensation Guidelines
Multiple Severe Injuries and Special Damages Multiple harms along with significant medical expenses may be possible. Up to £500,000+
Brain Damage- Moderately Severe There is a serious disability and constant need for professional care. The disability is usually physical along with intellectual impairment. £267,340 to £344,150
Psychiatric Damage- Severe (a) The prognosis is very poor and the person's relationships and ability to work are impacted. £66,920 to £141,240
Back Injuries- Severe (ii) While there is an orthopaedic injury to the back, it has some unusual features associated, such as an impact on bladder and bowel function, scarring and impairment in mobility. £90,510 to £107,910
Back Injuries- Severe (iii) Either there are soft tissue injuries or disc fractures which cause disabilities, such as chronic pain and discomfort and they remain despite surgery. £47,320 to £85,100
Pelvic Injuries- Severe (ii) There could be a pelvic dislocation or the formation of ectopic bone. £75,550 to £95,680
Kidney Injury- (b) There is a significant risk of total kidney function loss or serious urinary tract infection in the future. Substantial medical expenses are considered within this bracket. Up to £78,080
PTSD- Moderately Severe There is likely to be significant disability in the foreseeable future although there is likley to be a better prognosis with professional help. £28,250 to £73,050
Shoulder injuries- Severe (i) There is significant disability in the shoulder, which is usually related to brachial plexus damage and other neck injuries. £23,430 to £58,610
Digestive System- Illness from non-traumatic injury (c) Fatigue, impact on bowel function or stomach cramps may be due to an allergic reaction or food poisoning. Although there is a hospital admission for a few days, a complete recovery is made within a year or two. £4,820 to £11,640
What Other Damages Can Nursing Home Compensation Cover?
Nursing home negligence claims may include special damages, or compensation for financial losses, such as:
- Private healthcare bills.
- Ongoing physiotherapy or counselling costs.
- Physical aids, such as a wheelchair.
For special damages, you need to provide financial documentation, such as bills and salary slips.
Is A Complaint With The Nursing Home Needed In Order To Claim?
No, making a complaint to the nursing home isn’t necessary to make a compensation claim. However, you may be able to expose the negligent practices which are prevalent in the nursing home and bring about some improvement if you complain. The correspondence between you and the nursing home regarding the complaint can also form part of the evidence in nursing home negligence claims.
You can write an email or a letter to the nursing home management and detail your concerns as clearly as possible. The management is then expected to investigate your complaint, take steps to act on the issues and notify you of the same.
Get in touch with our team now for assistance in making your complaint against the nursing home, such as reporting medication errors.
What Evidence Will Be Needed For A Nursing Home Negligence Claim?
Here are some examples of the evidence which may help in nursing home negligence claims:
- Copies of medical records to showcase the harm suffered.
- Diary entries detailing symptoms and mental state.
- Invoices for any expenses arising out of the neglect.
- Copies of the nursing home contract to demonstrate the duty of care.
- Communication records with thenursing home.
- Photographs of visible injuries.
- CCTV footage of the accident, if possible.
Call our advisors now for advice in gathering evidence. If you are eligible to work with one of our solicitors, they can help collect this.
No Win No Fee Nursing Home Negligence Claims
If you or your loved one have an eligible nursing home injury claim, our No Win No Fee solicitors could help you. They will work on your claim on a Conditional Fee Agreement (CFA), which means you won’t have to pay solicitor’s fees:
- Upfront or in the beginning.
- In the middle of the claims process.
- If your claim is lost.
When a claim is successful, the No Win No Fee solicitor will take a percentage of the compensation as a success fee. However, this percentage is pre-agreed when they agree to take on your claim and there is a limit on it set by the law. This means that you will keep the majority of it.
Contact Medical Negligence Solicitors UK Co
For more information on making nursing home negligence claims on a No Win No Fee basis, contact us now:
- Call 033 0123 0546.
- Fill out our ‘Claim Online’ form with your details for a callback.
More Information
You may read some of our other guides:
- Information on claiming compensation for nerve damage after surgery.
- Our guide on claiming for GP negligence.
- Details on hospital negligence claims.
You can also go through these resources for more information:
- NHS guidance on abuse and neglect of adults at risk.
- Care home checklist from Age UK to ensure the best possible facilities.
- Information from the CQC on finding a good care home.
Please speak to one of our team members if you have any further questions about nursing home negligence claims.