Experiencing care home negligence can have a huge impact on you or a loved one, but our panel of care home claims solicitors can help. Find out how to claim compensation and other key information in our guide.
What You Need To Know
- You can make a care home negligence claim on behalf of a loved one, such as a family member who is an elderly person.
- You can additionally claim for a fatal care home negligence.
- There is a 3-year time limit to pursue a claim of this type.
- You can make a compensation claim for several types of neglect, including medication and prescription errors.
- You can have legal representation on a No Win No Fee basis with our solicitors.
Speak to one of our highly experienced advisors today to see whether you’re eligible to claim compensation.
- Call an advisor via 0800 073 8803.
- Click the live chat box
- Contact us through our online form.
Frequently Asked Questions
- How To Claim For Care Home Negligence Compensation
- The Amount Of Compensation For Care Home Negligence Claims
- What Are Some Examples Of Care Home Claims?
- Do I Need To Make A Care Home Complaint Before Claiming Compensation?
- What Are Some Of The Complications Caused By Negligent Care?
- What Is Needed When Proving Care Home Negligence?
- How Much Will Care Home Compensation Cost To Claim?
- What Can Public Interest Lawyers Help Me With?
- More Information
How To Claim For Care Home Negligence Compensation
As mentioned, you can pursue care home negligence compensation for you or a loved one. To claim, the duty of care owed by the care home and its workers must have been breached, causing unnecessary or avoidable harm.
For care providers, a duty of care means the provider must act in the best interests of residents and provide the expected standard of care. This is outlined via the Health and Safety at Work etc. Act 1974, specifically Section 3, and the Management of Health and Safety at Work Regulations 1999.
Both of these acts contain legislation that states employers must take reasonable steps to ensure the safety of employees as well as others who are not in employment but are affected by health and safety in the location nonetheless, which in this case includes residents of a care home.
Time Limits
You will need to file a care home neglect claim within 3 years of the negligence, per the Limitation Act 1980. This applies both if you are claiming compensation for yourself. However, if you are claiming on behalf of a loved one, the 3-year time limit does not apply.
- If the claimant lacks mental capacity to manage a claim themselves. No time limit is relevant in this instance unless capacity is regained.
- If the claimant is under 18. Minors cannot claim themselves. However, once they turn 18, the 3-year limit begins.
A litigation friend can be used if you wish to claim on behalf of a loved one and in the above situations.
Fatal Care Home Negligence Claims
You can claim for a fatal accident due to care home negligence if your loved one died as a result. Per the Law Reform (Miscellaneous Provisions Act) 1934, the estate of the deceased can claim for the deceased’s pain and suffering and financial losses prior to death. This can be done for the first 6 months after the death.
If the estate does not claim on behalf of the dependents, they can claim under the Fatal Accidents Act 1976 for the impact of the deceased’s death.
Please get in contact with our advisors if you want to know more about eligibility, time limits, or how fatal negligence claims work.
The Amount Of Compensation For Care Home Negligence Claims
As laid out in the Judicial College Guidelines (JCG), you or your loved one could receive up to £344,150 to £493,000 for very severe brain damage due to negligent care. However, other injuries and harms will be awarded different amounts. Additionally, the award bracket given here is only a guideline.
You can find more figures below. With the exception of the first entry, all amounts are taken from the JCG, a legal document that contains provisional compensation amounts. Those who value claims may reference it in addition to medical evidence. Please note that compensation amounts vary, and you should use all figures as a guide only.
| TYPE OF INJURY | SEVERITY | GUIDELINE COMPENSATION |
|---|---|---|
| Multiple Severe Injuries plus Special Damages (such as care costs) | Severe | Up to £1,000,000+ |
| Brain and Head Injuries | Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 | |
| Back Injuries | Severe (i) - Damage to spinal cord and nerve roots. | £111,150 to £196,450 |
| Severe (ii) - Nerve root damage with loss of sensation. | £90,510 to £107,910 | |
| Pelvic and Hip Injuries | Severe (i) - Extensive fractures of the pelvis | £95,680 to £159,770 |
| Severe (ii) - Less severe fractures of the pelvis. | £75,550 to £95,680 | |
| Knee Injuries | Severe (i) - Disruption of the joint. | £85,100 to £117,410 |
| Severe (ii) - Leg fracture that extends into the knee joint. | £63,610 to £85,100 | |
| Wrist Injuries | a) - Complete loss of function. | £58,710 to £73,050 |
Special Damages For Care Home Negligence
As part of the care home negligence settlement, you will likely be awarded special damages. This compensation covers financial losses suffered by you or a loved one due to the negligence. Some examples of costs you could claim for include:
- Care costs, including at-home care.
- Medical expenses.
- Prescription costs.
- Counselling costs.
- Transport costs for medical appointments if public transport can no longer be used.
You will need to provide evidence like bank statements and invoices when claiming special damages.
Speak to an advisor about claiming for care home negligence. They can give a free estimate of how much compensation could be awarded.
What Are Some Examples Of Care Home Claims?
You can find some examples of care home claims that would likely be valid in this section. Please note that, while these examples would be considered negligent in most cases, not all instances of poor care are eligible to become claims.
Medication Errors
- A resident in a care home is given the wrong medication dose and suffers a seizure that leads to minor brain damage.
- A resident with diabetes is not given the correct medication to manage their condition and develops a severe foot infection.
Pressure Sores
- A resident recovering from an operation is not regularly moved, leading to pressure sores that are not treated properly and eventually cause the patient to develop blood poisoning.
- A resident with pressure ulcers does not receive the correct treatment or care, leading the pressure sore to worsen and develop into a serious and painful long-term joint infection.
Slips And Falls
- A resident is not given the mobility aids they need to move around freely or offered assistance to move on a regular basis, causing them to fall and break their hip.
- A resident’s bathroom has a leak that is reported to staff but not fixed. The resident slips on some water caused by the leak and fractures their shoulder.
Poor Hygiene
- Care home staff neglect residents by bathing them only once a week, leading residents to develop skin infections due to deteriorating personal hygiene.
- Residents are not cleaned up promptly after incontinence-related accidents, causing severe distress, rashes and, in some cases, infection.
Dehydration Or Malnutrition
- A resident is not given enough water on a daily basis, leading to them developing recurrent urinary tract infections that cause pain and anxiety.
- A resident who cannot eat hard foods is not given an appropriate soft food diet, leading to them becoming malnourished and developing further health issues.
Abuse
- Workers in a care home handle patients roughly due to lack of training, leading to bruises, cuts, and making residents feel scared and anxious.
- Care home workers purposefully isolate residents by confining them to their rooms and not allowing them to see others or leave. This leads to several residents developing anxiety and depression.
If you or a loved one has experienced care home negligence that isn’t mentioned in this section, we recommend getting in touch with us still to see if you have a valid claim.
Do I Need To Make A Care Home Complaint Before Claiming Compensation?
While you do not need to make a care home complaint before claiming compensation, it could strengthen the claim. To complain against a care home, you can do so by speaking to the manager, who will likely let you know the correct complaints procedure. You can also take your complaint to your local government ombudsman or the relevant ombudsman.
What Are Some Of The Complications Caused By Negligent Care?
Receiving negligent care can cause many complications, including:
- Psychological trauma if the resident was mistreated or bullied, causing them to develop conditions such as anxiety or depression.
- Worsening injuries, particularly if the resident was recovering from an operation or existing injury.
- The need for further treatment due to medication errors or a lack of regular care.
- Ongoing long-term disability and pain due to not being looked after properly.
All care home abuse claims vary, as can the complications caused by negligent care. Reach out to an advisor to find out more and discuss the circumstances behind your loved one’s harm.
What Is Needed When Proving Care Home Negligence?
You will need strong evidence to prove care home negligence, specifically how the negligence occurred, who was responsible, and how your life or the life of a loved one was affected. We’ve provided some recommended evidence types below.
- CCTV footage of any negligence.
- Your or a loved one’s medical records (if relevant).
- Proof of any complaints you have made to the care home, the council, or an ombudsman.
- Photo and/or video evidence of injuries.
- Contact details of any witnesses to the negligence.
- Bank statements, receipts, and invoices for claiming special damages.
How Much Will Care Home Compensation Cost To Claim?
It won’t cost you anything upfront to claim care home negligence compensation with our solicitors. Our panel works on a No Win No Fee basis through a Conditional Fee Agreement. Claiming this way removes some of the financial risk, as:
- You pay a success fee only if you receive compensation. This will be taken as a legally limited percentage of the compensation.
- You will not pay your solicitor’s fees upfront or during your claim. You also do not pay if your claim fails.
Please get in touch if you have any questions about No Win No Fee.
What Can Public Interest Lawyers Help Me With?
The advisors at Public Interest Lawyers can help you with numerous parts of the claims process. The care home claims process can be confusing and difficult to understand, which is where we come in.
If you choose to get in touch, an advisor can tell you if you’re able to claim with the assistance of a solicitor from our panel. All of our advisors can additionally answer any questions you may have or offer more information about care home claims.
If your claim is valid, our solicitors can help you in numerous different ways, including:
- Negotiating a settlement.
- Advising and helping you to gather evidence.
- Assisting with court proceedings.
- Communicating with the defendant.
Contact Our Advisors
Speak to an advisor free of charge to find out if you can claim for care home negligence. Choose a contact method below to begin.
- Call an advisor via 0800 073 8803.
- Click the live chat box.
- Contact us through our online form.
More Information
Read some more of our guides here.
- Discover our fatal accident claims FAQ.
- See how to make a multiple injury claim.
- Read our guide to serious injury claims.
The external links below contain extra resources and information.
- Read about consumer rights in care homes via GOV.UK.
- See how to make a complaint via the Care Quality Commission.
- Find out how to request CCTV footage via GOV.UK.
Thank you for reading our care home negligence guide. Please speak to an advisor if you have any further questions about claiming on behalf of a loved one.