Care Home Negligence

How much time do I have to make a Medical Negligence claim?

If you believe you have a medical negligence care home claim, it’s important that you seek advice from a solicitor who specialises in care home and nursing home claims as soon as possible, as there are time limits in place in England, Scotland and Wales.

 

Generally, a care home or nursing home claim should be made within three years from the date the negligence occurred or the date you were first aware that you had suffered a significant injury or illness due to negligence. However, there are exceptions.

 

To read more about the time limits of making a claim, please read our Medical Negligence Claims Guide.

How much does it cost to make a Care Home Negligence claim?

The majority of our care home negligence claims are funded by a conditional fee agreement, otherwise known as a No Win No Fee agreement.

This means if you lose your case, you won’t have to pay any fees and therefore, there’s no financial risk to you. For further information, about No Win No Fee agreements, read our medical negligence fees page.

What are Medical Negligence Care Home Claims?

When your elderly or vulnerable loved ones reside in a care home (also referred to as a nursing home), you rightly expect a certain level of care and protection of their health and safety.

In the majority, those who reside in care homes get an excellent service of care. However, there are exceptions when failings by the care homes and their staff result in poor medical treatment and care which can lead to loved ones becoming ill or injured. When this happens, you may be entitled to compensation for care home negligence.

How much can I claim for Medical Negligence which has occurred in a Care Home?

Naturally, every medical negligence case is different, and the final amount of compensation awarded will be based on the severity of the injury and the affect the injury has had on your life.

 

Additionally, you’ll also be able to claim for any financial losses you’ve incurred as well as the cost of additional care, rehabilitation or treatment that’s required.

Who is most responsible for Care Home Neglect?

In most cases, the care home provider will be responsible for any negligence that happens in the home. They are required to ensure that residents are treated well and kept as safe and healthy as possible.When they fail in this duty, they then become responsible for any harm that comes to your loved one. You can then make a medical negligence compensation claim against the provider.There may also be cases when an individual care home staff member has treated your loved one negligently or abused them. You may then be able to make a claim against them.

Why should I make a Care Home claim?

You entrusted the health and care of your loved one to a care home that has proved itself to be negligent. They failed in their duty of care to keep their residents healthy and well. But you have legal rights to address this.

 

Making a compensation claim could help you secure your loved one’s future by helping you pay for medical treatment, finding them somewhere new to live and covering any other related expenses. Don’t forget that by making a claim, you raise awareness of what has gone wrong in the care home.

This can be particularly important if the provider doesn’t know what has been happening. By making a claim, you can help the care home provider sort out the issues that led to the negligence. This can stop it happening to any other residents.

What are the most common causes and types of medical negligence in Care Homes?

There are different scenarios which can lead to a care home injury, for example:

Pressure Ulcers and

Pressure Sores

Pressure sores or ulcers can develop under different circumstances, such as:

  • A patient’s skin is in contact with the bed for a long period of time

  • A plaster is put on incorrectly after a fracture

 

Pressure sores can be painful and take a long time to heal, and some don’t heal at all. This kind of sore can lead to infection and they may restrict the patient’s ability to walk or move.