Care homes should be a place that we can trust in to look after ourselves or one of our loved ones. The care provided in such homes should always meet expected professional standards. So, if you or someone you know has been harmed in a care home due to negligent care, you could be entitled to claim compensation.
In this guide, we first discuss the eligibility criteria for care home claims, providing examples of how a care home could potentially be negligent. We then discuss how compensation is valued in successful claims.
Following this, we guide you through the main steps in the claims process, and how one of our care home claims solicitors could help you on a No Win No Fee basis.
Watching yourself or a family member suffer harm that should’ve been prevented is tough. If you have an eligible compensation claim, we at Medical Negligence Solicitors UK Co want to help you. Use one of our free contact methods below to have a chat with one of our advisors and to receive advice on what you can potentially do next:
- Fill out our claim online form.
- Message in our live on-screen chat box.
Jump To A Section
- Can I Make A Care Home Negligence Claim?
- Types Of Care Home Neglect You Can Claim For
- How Much Compensation In Care Home Claims
- How Long You Have To Start A Claim
- How To Claim Against A Care Home
- How Our Solicitors Can Help With Your Claim
- More Information
Can I Make A Care Home Negligence Claim?
Care home claims can be made when negligence has occurred. Negligence is when avoidable harm is suffered (harm that should’ve been prevented) due to a breach of duty of care.
All healthcare professionals, including those who work in a care home, owe a duty of care to anyone that’s under their care. This means that all healthcare professionals must always provide the correct standards, and anything less than this could be a breach of duty.
While we explore in the next section how a healthcare professional could potentially breach their duty of care, here are the care home claims eligibility criteria:
- A healthcare professional or the care home owed you or a loved one a duty of care.
- This duty of care was breached because substandard care was provided.
- Avoidable harm was suffered as a result.
If you believe you meet the above criteria, please contact us today to confirm your care home claim eligibility.
Types Of Care Home Neglect You Can Claim For
We’ve now explained the duty of care owed to residents in care homes by the staff. Below, we explore some specific types of care home negligence that could lead to an eligible compensation claim:
Medication Errors
Residents in a care home could rely on medication to manage ongoing health conditions. As such, care home staff could breach their duty of care by:
- Giving the wrong medication to the wrong resident.
- Giving a dosage of medication that’s too much or too little.
- Incorrectly deciding that a resident doesn’t need their medication anymore.
If any of the above medication errors lead to avoidable harm, such as brain damage from an anaphylactic shock due to a medication overdose, a care home negligence claim can potentially be made.
Pressure Sores and Ulcers
Some residents in a care home could be immobile. In these cases, care home staff should frequently reposition the residents in bed to prevent pressure sores and ulcers. Pressure sores and ulcers are damaged areas of the skin and the tissue underneath. They’re caused by the skin having contact with the same surface for too long. They can be extremely painful and can lead to infection.
As such, care home staff could breach their duty of care by:
- Failing to regularly reposition bedbound residents.
- Leaving residents in the same position for a long period of time.
If you or a loved one has suffered pressure sores in a care home, a claim can potentially be made.
Injuries From Accidents
Care home staff could breach their duty of care and cause an accident by:
- Failing to keep on top of maintenance, such as railings and stairways. This could lead to slip, trip and fall accidents, which can cause back, neck or other injuries.
- Using careless or the incorrect lifting procedures when lifting residents in and out of bed. This could lead to a fall, which can cause hip and pelvis injuries.
If you or a loved one has been in an accident, such as a fall, in a care home due to substandard care, a claim can potentially be made if the accident resulted in an injury.
Abuse In A Care Home
Some care workers could, unfortunately, exploit their position of authority, and a resident could potentially suffer physical or mental abuse. In these cases where there’s been a criminal injury, a care home negligence claim could either be made directly against the negligent care home, or through the Criminal Injuries Compensation Authority (CICA).
The CICA is a government organisation that awards compensation to those who have suffered a criminal injury. However, certain criteria must be met to make a claim in this way. Please contact us for more information on this.
These are also just a few examples of care home negligence, so please don’t worry if your, or a loved ones, situation doesn’t match any of the above. It’s always best to speak directly with an advisor about your specific circumstances.
How Much Compensation In Care Home Claims
When care home claims are successful, the compensation could be divided into two parts – general damages and special damages.
Compensation awarded under general damages covers the psychological and physical effects of care home negligence. Under general damages, these factors are just some that are considered:
- Loss of amenity.
- The pain severity.
- The prognosis.
An independent medical assessment may be needed during the claims process. This is because legal professionals can use the reports from this assessment alongside the Judicial College Guidelines (JCG) when valuing general damages.
The JCG is a publication that has guidelines for compensation figures for different types of harm.
Guideline Compensation Table
We have taken some types of harm from the JCG that could potentially result from negligent care in a care home and have included them in the table below. We have also taken their guideline compensation figures.
When viewing this table, please bear in mind that the top figure hasn’t come from the JCG. Additionally, none of these figures can be guaranteed, because all care home claims are unique.
| Type of harm | Severity | Guideline compensation figures | Notes |
|---|---|---|---|
| Multiple serious types of harm and special damages | Serious | Up to £1,000,000+ | Compensation that covers multiple serious types of harm and monetary losses such as professional care costs. |
| Brain damage | Very severe (a) | £344,150 to £493,000 | Quadriplegic cerebral palsy with severe physical and cognitive disabilities. |
| Moderate (c)(iii) | £52,550 to £110,720 | Where the ability to work is reduced because memory and concentration are affected. | |
| Neck | Severe (a)(i) | In the region of £181,020 | Incomplete paraplegia. |
| Moderate (b)(i) | £30,500 to £46,970 | Dislocations and fractures that may require spinal fusion. | |
| Leg | Amputation of one leg (a)(iii) | £127,930 to £167,760 | Amputation above the knee. |
| Amputation of arms | Loss of one arm (b)(i) | Not Less Than £167,380 | Amputation at the shoulder. |
| Hips and pelvis | Severe (a)(i) | £95,680 to £159,770 | Extensive pelvis fractures that causes the dislocation of a low back joint and a ruptured bladder. |
| Moderate (b)(i) | £32,450 to £47.810 | A significant injury that has no great future risk. |
Special Damages – What You Can Claim For
Compensation awarded under special damages covers the financial effects of care home negligence.
Here are some types of financial losses that could potentially be suffered as a result of care home negligence:
- Professional care costs.
- Travel expenses to attend hospital appointments.
- Medical bills, such as the cost of prescriptions.
However, special damages may not be awarded in all successful care home claims. For this reason, there must be evidence of the financial losses, such as invoices, receipts, and bank statements.
For more information on how care home negligence compensation is calculated, please contact us today.
How Long You Have To Start A Claim
According to the Limitation Act 1980, care home claims must be started within 3 years of the negligence occurring.
However, this 3-year time limit will be paused (meaning the claimant can’t begin their own claim) if they lack their full mental capacity. For example, if the claimant has dementia.
The 3-year time limit will be paused until the claimant makes a full recovery of their mental capacity. The time limit will then instead run from the date of their recovery.
Can I Claim On Behalf Of Someone Else?
While the 3-year time limit is paused, although the claimant can’t begin a claim themselves, a litigation friend may be able to step in and begin a claim on their behalf. A litigation friend can be a family member or loved one and can step in at any time while the time limit is paused.
If you would like to make a care home claim on behalf of someone else, please contact us today for more information.
How To Claim Against A Care Home
Before enquiring about making a care home negligence claim, you or your loved one should seek medical attention. Copies of the medical records can be used as evidence to show the full extent of the avoidable harm that’s been suffered.
You can then contact us with your claim enquiry. Our advisors are available 24/7 and can connect you with one of our specialist care home negligence solicitors if you’re eligible for compensation. Our solicitors offer many services to help their clients, such as collecting evidence.
Gathering Evidence To Support Your Claim
Evidence is crucial in care home claims, as it must be proven that all aspects of negligence occurred.
Some useful types of evidence to gather include:
- CCTV footage of the negligent care being provided.
- Photographs of any visible harm, such as pressure sores.
- Keep a personal symptoms and treatment diary.
- Copies of medical records and notes.
- The names of the negligent healthcare professionals.
- A copy of the care home contract.
- Copies of any correspondence/complaints that have been sent to the care home, such as letters and emails.
How Long It Can Take To Receive Compensation
There is no set time for how long care home negligence claims could take, as there are many factors that could determine this, such as:
- How severe the harm suffered is.
- Whether the defendant admits liability.
- Whether the claim goes to court.
- How long it takes to gather all of the evidence.
To potentially get the care home claims process started as quickly as possible, please have a chat with us today.
How Our Solicitors Can Help With Your Claim
If you have an eligible compensation claim for care home negligence, you could connect with one of our specialist No Win No Fee solicitors. Our solicitors offer many services to help their clients, such as:
- Collecting evidence.
- Corresponding with the defendant on their client’s behalf.
- Ensuring the care home negligence compensation is calculated fairly.
- Ensuring the claims time limit is adhered to.
- Explaining legal jargon.
- Sending regular case updates.
- Finding legal representation if the case goes to court.
What’s more, these services are offered under a specific type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
If your solicitor offers you a CFA, you pay nothing for their services:
- Before the claims process starts.
- During the entire claims process.
- If the case is unsuccessful.
If the claim is successful, you still pay nothing out of your pocket for their services. Instead, your solicitor will just deduct a success fee from your compensation. A success fee is a legally-capped percentage.
To find out whether you can make a care home negligence claim for a loved one or yourself with one of our No Win No Fee solicitors, please don’t hesitate to get in touch with us. If you’re eligible for compensation, we want to help make the claims process as simple for you as it can be. Our contact methods are free to use and available 24/7:
- Fill out our claim online form.
- Message in our live on-screen chat box.
More Information
Browse some of our medical negligence compensation claims guides here:
- Learn how to make a sepsis medical negligence claim.
- Find out how to make a hospital-acquired infection claim.
- Learn how to make a fatal medical negligence claim on behalf of a lost loved one.
Additionally, these pages might be useful for you:
- NHS – support from charities and social services for adults who have suffered abuse and neglect.
- Age UK – a care home checklist for things to look out for.
- Care Quality Commission (CQC) – a leaflet on what to expect from a good care home.
Thank you for reading our care home claims guide. If you or someone you know has suffered negligence in a care home, we can answer any questions you have.