Welcome to our guide which aims to explore the process of seeking care home neglect compensation.
This article will look at how much compensation you could claim in relation to care home neglect. We’ll also look at the evidence you’ll require to do so.
If you’re a resident in a care home or the family member of a resident, and you feel that there has been negligence on the part of the care home that resulted in harm, you could be able to claim compensation.
However, it would have to be proven that someone breached their duty of care to put forward a valid claim. We will look at the duty of care the resident of a care home might be owed further in this guide.
To get free legal advice about care home neglect compensation, you can speak to our skilled team of advisors by using the following details:
- Phone us on 0800 408 7825
- Fill out our contact form for an advisor to call you back.
- Use the live chat function below to speak with an advisor now.
After an advisor has assessed your claim to see whether it has a chance of success, they may pass you on to one of our experienced panel of solicitors. They then may be able to help you make a personal injury claim.
Read on for more information about making a care home negligence claim.
Select A Section
- What Is A Care Home Neglect Compensation Claim?
- Warning Signs Of Neglect In A Care Home
- What Is Classed As Neglect In A Nursing Home?
- Can You Claim If Assaulted In A Care Home?
- Wrongful Deaths Caused By Care Home Neglect
- Care Home Neglect Compensation Calculator
- Discuss No Win No Fee Care Home Neglect Compensation Claims
- Quick Links
Care home employers have a duty of care towards residents that should be fulfilled by employing appropriate staff. For example, they should carry out the necessary checks to ensure the staff they’re hiring are suitable for the role of working with vulnerable members of the public.
Additionally, they should provide staff with the training needed to provide the correct care to those they look after. If you can prove that this duty of care has been breached, causing harm, you may be able to claim compensation against them.
All individuals employed in a care home also have a duty of care to take all reasonable steps to prevent the vulnerable people they look after from sustaining harm.
Neglect in a care home is anything that breaches this duty of care and puts the residents at risk of harm. This could include a lack of supervision. For example, if a resident with late-stage dementia was left unattended for hours at a time, they could end up putting themselves and others at harm due to their confused mental state.
For more information on seeking care home neglect compensation, call our team on the number above.
According to the National Institute for Health and Care Excellence (NICE), there are a few ways to spot signs of neglect in a care home. It can sometimes be difficult to differentiate between neglect and typical symptoms of certain conditions such as dementia or severe learning disabilities. Some of these could be:
- Unintentional weight loss or gain
- Reluctance to engage in social activities which may be out of character
- No opportunities for meaningful activities
However, some signs would be a reason for more immediate concern. This could include:
- The resident living in a dirty or unhygienic environment
- Malnourishment and dehydration
- The resident is being denied independence aids (such as hearing aids, crutches etc.)
Neither of these lists is exhaustive, though, and there could be other signs that someone is being abused or neglected.
The key difference between nursing homes and care homes is that nursing homes will always have one or more qualified nurses on staff. They may also offer support for those with more complex needs, such as medical conditions that need specific treatments.
For that reason, nursing home neglect could manifest in a variety of ways. Firstly, if a medically trained nurse failed to provide the minimum standard of care causing a resident further or avoidable harm, this is an example of medical negligence. For example:
- A resident may have developed pressure sores that require daily cleaning. However, the nurse responsible for cleaning the wounds may have failed to do so regularly and adequately. As a result, the resident may have developed an infection causing them further harm.
- A nurse may have distributed the wrong medication to residents causing them to experienced further harm in the form of a severe allergic reaction. Additionally, the resident may have experienced complications from not taking the medication intended for them.
Alternatively, if a resident sustained harm as a result of the non-medically trained staff failing to uphold their duty of care, a personal injury claim could be made. Examples of how care home staff could cause a resident harm might include:
- Slip and trip accident: A resident could sustain multiple broken and fractured bones or soft tissue injuries as a result of a wet floor that hadn’t been properly signposted.
- Food poisoning: A resident could experience food poisoning as a result of poor hygiene in the care home kitchen.
If you or someone you love has experienced a similar incident, get in touch with our team about seeking care home neglect compensation.
There are different types of claims that could be pursued following an assault in a care home. However, the claim you make will be dependent on how you sustained your injuries.
When working in a care home, there is a possibility that a resident could assault you. Residents in care homes are not of sound mind. They could struggle with conditions like dementia, which leave them confused, leading to aggression.
In some cases, you may have previously reported concerns to your employer about a resident’s violent tendencies but they failed to take any reasonable measures to control the risk. As a result, you may have suffered a minor head injury in an assault meaning you could claim.
Or, your employer may have left you understaffed and unable to cope on your own, leading to an assault. In such an instance, you could make a personal injury claim against your employer for not having a reasonable amount of staff.
If you are a resident, you could be assaulted by a staff member due to care home negligence. For example, the care home may have failed to carry out the correct Disclosure and Barring Service (DBS) check before hiring someone.
Later on, it may have been revealed that the staff member they hired had a history of violence and assault which caused several residents physical harm and psychological damage. In these instances, the care home may be found vicariously liable for the incident of assault.
If you or someone you love has experienced assault in a care home as a resident, you could seek care home neglect compensation. Get in touch with our friendly team of advisors for more information.
In extreme and unfortunate cases, neglect can be fatal. In these cases, it may be possible for the deceased’s family members to make a claim against the care home if they can provide evidence of negligence.
Wrongful or accidental deaths caused by neglect could occur in a multitude of ways. For example, a resident may have had cancer and their nurse may have failed to give them the correct medication as outlined in their health plan.
This would be classed as medical negligence resulting from a trained healthcare professional failing to provide the correct level of care resulting in the resident experiencing avoidable harm.
For more information on the care home negligence compensation that could be claimed in a fatal accident claim, call our team.
See below for our table of care home neglect compensation amounts. These figures are taken from the Judicial College Guidelines, a document sometimes used to help value personal injury claims.
It is important to note that these figures are just estimates, and each claim is valued individually according to the circumstances. Furthermore, they only relate to general damages which provide compensation for your physical and psychological injuries.
|Hip & Pelvis||(b) Moderate: (i) Cases where there is a significant injury to the pelvis with a permanent disability that isn't major.||£24,950 to £36,770|
|Hip & Pelvis||(b) Moderate: (ii) Cases where there may be a need for hip surgery.||£11,820 to £24,950|
|Arm||(d) A forearm fracture that's simple in nature.||£6,190 to £18,020|
|Leg||(c) Less Serious: (i) This includes cases where there may be fractures without a complete recovery.||£16,860 to £26,050|
|Head or Brain||(e) Minor: If there is any brain damage, it will be minimal||£2,070 to £11,980|
|Digestive System||(i) Severe toxicosis which causes serious acute pain, sickness, diarrhoea and a fever.||£36,060 to £49,270|
|Digestive System||(i) Where food poisoning is serious but short-lived, causing diarrhoea and vomiting which diminishes over two to four weeks||£8,950 to £18,020|
|Digestive System||Where food poisoning causing significant discomfort, cramps,||£3,710 to £8,950|
|Foot||(g) Modest: Simple metatarsal fractures and ruptured ligaments||Up to £12,900
This table is not extensive. Get in touch with us today to discuss your specific circumstances.
You may also receive special damages as part of your claim. This covers both past and future losses or expenses accumulated as a result of your injuries, such as:
- Loss of earnings
- Medical expenses
- Travel expenses
- Adjustments to the home
To claim special damages, you’ll need to provide evidence of costs. For example, invoices or receipts.
If you’re ready to put forward your claim, you can speak with one of our advisors. They could connect you with our panel of specialised solicitors about making a claim.
The solicitors on our panel work on a No Win No Fee basis. There are several benefits to claiming with this kind of agreement in place, such as:
- No upfront fees to your solicitor, or fees to pay as the claim progresses
- No solicitor fees to pay if your claim fails
If successful, they will take a legally capped fee from your compensation amount. The fee is something your solicitor will make you aware of beforehand.
Get in touch today to find out more about our panel’s No Win No Fee services. You can contact us by:
- Calling 0800 408 7825.
- Filling out the contact form on our website
- Using our live chat to talk to an online advisor
We hope you found our guide on care home neglect compensation claims helpful. For further information, you can visit the additional guides and external resources we have linked below.
Compensation Payouts for a Broken Hip – A comprehensive guide to compensation amounts for broken hips.
Fractured Kneecap Compensation Guide – A comprehensive guide to compensation amounts for fractured kneecaps.
Wrist Injury Compensation Guide – A comprehensive guide to compensation amounts for wrist injuries.
Leg Fracture with Special Damages – A comprehensive guide to compensation amounts for leg fractures and more information about special damages.
Find an Accident and Emergency Service Near You – An NHS search bar for your closest A&E.
Thank you for reading our guide on care home neglect compensation claims.
Guide by AO