When an elderly family member or a vulnerable loved one is residing in a care home, you expect a high level of care towards their safety and health. Whilst the majority are fortunate, there are those who are neglected and treated inappropriately.
Those in charge of the care home and the staff have a duty of care towards those in the residence. Therefore, when they neglect their duties, it can result in serious consequences for the elderly and vulnerable people living there. This neglect can lead to illness, injuries and even fatalities, as well as an overall poor quality of life.
If your loved one has suffered as a result of care home negligence, you may be entitled to claim compensation for the pain caused as a result.
Care Home Claims: Common causes of negligence in care homes
There are many different scenarios that can lead to care home injuries; these include:
Pressure ulcers and pressure sores – Pressure sores can be caused when a patient’s skin is in contact with a bed for an extended period of time. It can be incredibly painful and can sometimes take a very long time to heal. These types of injuries can lead to infections and can affect the patient’s mobility.
Injuries from neglect and care home abuse – In some unfortunate cases, residents of care homes can be abused by staff members. Abuse in care homes can leave not only physical but also emotional injuries and can leave residents traumatised from these attacks.
If you or someone you know is suffering as a result of abuse, you will need a legal expert on your side to help prove that the injuries were caused by abuse and not their old age.
Medication and prescription errors – Medication errors can lead to serious and sometimes life-threatening conditions, which can be serious for elderly people. These errors can occur from administering the wrong medication or overprescribing medicine when care home staff fail to keep their health records updated or fail to give them accurate instructions when taking their medication.
Injuries and fractures from falls – Care home residents can become vulnerable to falls if staff neglect their duties and they are not adequately supervised or if they are handled carelessly. These injuries can lead to fractures, concussions and even bone breakage.
If a loved one has suffered as a result of one of these injuries, please not hesitate to contact our personal injury solicitors for a free consultation.
Who is eligible to make a care home claim?
Anyone is entitled to make a claim against a care home if they have been harmed as a result of neglect whilst receiving care from them whilst in a hospice, care home or receiving aid from them in their own home.
In cases where the person affected is too old or vulnerable to make a claim for themselves, you may be able to make a claim on their behalf.
If you or a loved one have been affected by abuse or neglect from a poor standard of care, do not hesitate to contact our care home claims solicitors for more legal advice.
What can be recovered in care home claims?
The amount you will receive from your compensation claim will depend on many factors involved in the case. Compensation amounts are made up of two types of compensation; in legal terms, we call these general damages and special damages.
General Damages – This is the amount you will receive for your pain and suffering as well as loss of amenity. To calculate this amount, we look at previous cases which are similar to yours, together with guidelines that are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses that you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future or the costs of care provided to you. This amount includes:
· Loss of earnings
· Travel costs
· Costs of care and assistance
· Medical treatment costs
· Costs of home adjustments
· Costs of care home relocation
Time limits for making a care home claim
The general rule on time limits for making a care home claim is that you have three years from the date of the injury to have either settled your claim or started court proceedings once the accident in the care has happened.
The three-year deadline begins on the date that the accident occurred or from the date on which you realised that your loved ones’ injuries were associated with neglect in their residence.
How much do care home claims cost?
We will always be 100% transparent about what our charges are, and if we take on your case, we will almost always do so on a no win no fee agreement (also known as a no-win, no-fee basis).
This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
Can I receive help with costs before my case concludes?
When you are suffering as a result of care home negligence, it can put you at financial risk if you are unable to work, or you may be forced to pay for treatment. Therefore, interim payments are available in order to relieve some of the financial burdens that you may be faced with.
Interim payments are payments that can be made prior to a final settlement for costs such as rehabilitation and private medical treatments.
How can Wildwood Legal help?
We see all too often the significant effect that negligence can have on vulnerable people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the amount of compensation you deserve.
Our core strength is in personal injury claims. We are experienced in helping with any negligence claims that you may want to make. We aim to give you not only quality aid but
flexibility and clarity around the claims process, as we know that these qualities are just as important.
Our law firm is authorised and regulated by the Solicitors Regulation Authority therefore; we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.
We value the opinion of our clients, and we will always listen to you and take on board what you say.
If a loved one has suffered as a result of negligence, get in touch with us, and we can help you start your claim for care home negligence – we’re only a phone call away. You won’t regret it. To make an enquiry, get in contact with us either email us firstname.lastname@example.org or call us 01423 209 046
For information on medical negligence claims, please visit our medical negligence page.
We have registered offices in Harrogate and London.
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