Understanding care home negligence
What constitutes care home negligence?
According to the 2021 Census, an estimated 344,000 people were care home residents in England and Wales. Age UK explains that there is no overarching definition of abuse or neglect.
The Care and Support Statutory Guidance (‘the guidance') says that:
“local authorities should not limit their view of what constitutes abuse or neglect, as they can take many forms and the circumstances of the individual should always be considered”.
Many older people are very reliant on people around them, so there are many different types of care home negligence.
While many older people are cared for well in nursing homes, care homes and hospices, some may also be the victims of abuse. People do not have to suffer physical injuries to have experienced neglect or abuse. Neglect and abuse may be sexual, psychological, discriminatory and even financial. Unfortunately, negligence can have a serious effect on the health of an older person.
If you're worried about yourself or a family member and are wondering what constitutes care home abuse or negligence, we've provided some examples below. If your situation isn't covered here, you should still give us a call, as it's likely we can still help you.
Types of care home abuse and neglect
Falls or handling errors
Patients and residents in care homes and hospices are at risk of falling. They should be provided with appropriate mobility aids and equipment that they need to move around and should be supervised. Staff should be properly trained to lift patients safely, to avoid injury.
If carers are not complying with these simple needs, you could be eligible to make a care home neglect claim.
Medication errors
Older people often rely on care home staff to administer their medication. If mistakes are made and the wrong medication or dose is given, this can have serious consequences.
Physical abuse
Physical abuse in a care home is wrong; no-one deserves to be hit, slapped, pushed or restrained while being cared for. If you or a loved one has suffered an injury through physical abuse in a care home, we're here to help you make it right by making a care home abuse claim.
Making care home claims for pressure sores
Pressure sores, also known as pressure ulcers, happen when a patient's skin is left in contact with a bed for a long period of time. They're very painful and can lead to other serious problems such as infection, gangrene and blood poisoning.
Pressure sores are common in care homes and hospitals, especially with patients or residents who spend a long period of time in bed. Staff in care homes, nursing homes and hospitals should make sure patients are regularly moved, and that they're given suitable beds. They should also carry out frequent checks of patients to look for areas where sores might develop, as they can sometimes form quite quickly.
Sexual abuse
The Care Quality Commission explains that people who use health and social care services should be protected from sexual incidents and kept safe. Sexual incidents can include verbal abuse, sexual harassment or sexual assault.
If you, or someone close to you have experienced sexual abuse, whether you're being cared for at home or in a residential home, we can help. Call our team on today for expert advice about your options.
The impact of care home neglect
How care home neglect can affect mental health
Care home neglect can deeply impact mental health and can lead to conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD).
The emotional toll of being neglected creates a feeling of being isolated, devalued, or abandoned which can cause a great deal of distress.
In some cases, cognitive decline in elderly residents may also be accelerated, contributing to confusion and agitation. Mental health effects from neglect may include:
- Loss of trust in caregivers
- Increased fear or helplessness
- Difficulty engaging socially or feeling safe
It's always really important to hear what the person's been through.
To hear their narrative, from them, in their way - and having the time and space to be able to do that - is essential.
Dr Claire Freeman
Clinical PsychologistIf your mental wellbeing of someone you love has suffered due to care home negligence, we're here to help. Speak to our friendly team on to chat through your situation in your own time, at your own pace.
Your Rights and Eligibility
Who can make a claim for care home negligence?
Care home negligence claims can be made if you or a loved one has experienced harm, abuse or sub-standard care in any care setting. This could be in a care home, nursing home, hospice or your own home.
When you're ready to talk, call us on . Our experienced advisors will give you clear and impartial advice to help you explore your options. There's no obligation to make a claim for care home negligence: it's entirely up to you to decide whether you want to go ahead.
If you do decide to take the next steps, we'll refer you to one of our care home injury claims lawyers from our carefully approved nationwide network. They will be happy to answer any questions you have and will guide you through the process step-by-step, getting the best outcome for you or your loved one.
Claiming on behalf of someone else
If you need to make a claim for someone unable to do so themselves, we're here to support you throughout the process.
Claiming for Someone Who Lacks Mental Capacity
If a loved one is unable to make decisions about their claim due to a mental health condition or a brain injury, you can act as their litigation friend to manage the process on their behalf. This role involves ensuring their rights are protected and making sure the compensation reflects their immediate and future needs.
There is no specific time limit for claiming on behalf of someone who lacks mental capacity unless they regain capacity. If this happens, no matter how briefly, the three-year limitation period for making a claim begins from the date they're able to manage their own affairs again, even if that is only for a short period.
Your legal team will provide full guidance throughout the process to ensure your loved one's care and future financial stability are considered.
What is a Litigation Friend?
As a litigation friend, your role is to guide and support your loved one through the claim process stages and act on their behalf.
In some cases, the person you're assisting will need to be present for key steps in the claim process, such as medical assessments. They must participate in the claim wherever possible, and your responsibility is to ensure their input is included, their voice is heard, and instructions are made accordingly.
Can I make care negligence claims for someone else?
While it can seem daunting to claim on behalf of someone else, your legal team will be with you every step of the way, helping you understand your role and making sure the claim progresses smoothly. We'll provide clear guidance on how to manage the process and ensure that both you and the person you're assisting feel supported throughout.
What are the time limits for care home negligence claims?
In most cases, you can make a claim up to three years from the date of the incident. But, in some cases where the claimant lacks mental capacity, this time frame could be longer or shorter.
There are no time limits for claims made on behalf of someone who cannot manage their own case. This has to be assessed on a case-by-case basis and means more than requires assistance. It should also be noted that should the claimant regain capacity at any time after the accident, however briefly, the usual 3 years will start from that date.
Our specialist care home negligence solicitors can help you to check whether you're eligible. If you think you might be nearing the deadline to make a claim, then call us on as soon as possible, to ensure that we can help you.
The Claims Process
How we can help you with care home negligence claims
Older people deserve a high standard of care to ensure they're comfortable, safe and properly looked after. If you or someone close to you has been neglected or abused due to nursing home, hospice or care home negligence, then we can help you get the support you need.
Making a care home compensation claim can help to pay for private medical expenses, cover the costs of any injury and improve care standards. By making claims against care homes, it can also help to stop the same thing happening to someone else.
With over years_since years' experience in negligence claims, we're well-placed to help you make a successful care home neglect claim.
For free impartial advice, or to find out whether you could get compensation for care home negligence, you can contact us on . We're happy to answer your questions and will never rush or pressure you into claiming.
Even just the process of them being able to talk to somebody at their own pace about what's happened without being quizzed can be quite validating for people.
Clinical Psychologist Dr Claire Freeman
How much can I claim for care home negligence?
As everyone's circumstances are different, we can't give you a quick answer about how much compensation you may receive. It very much depends on the complexity and severity of your individual case.
When you make a personal injury claim, your compensation is designed to cover more than just the immediate effects of your injury. It takes into account both the impact on your everyday life and any financial losses you've experienced or will likely encounter as a result of your injury.
- Compensation for your suffering:
First, you can be compensated for the pain, discomfort, and emotional distress caused by your injury. This might include ongoing physical symptoms or the ways your injury has affected your lifestyle, such as not being able to enjoy hobbies or activities as you did before. The more severe and long-lasting the effects, the higher this part of the compensation is likely to be. This part of your compensation is known as ‘general damages'. - Compensation for financial losses:
Next, any out-of-pocket costs related to your injury can be claimed. This might include medical treatment, prescriptions, and travel expenses for doctor's appointments. If your injury has stopped you from working, any lost earnings can also be included, along with potential future earnings if you're unable to return to work or need ongoing support. If you need long-term care or adaptations to your home, those costs are projected and factored in too. These are referred to as ‘special damages.
Your legal team will work with you to gather all the necessary evidence, such as receipts and pay slips, to make sure every loss is considered. In short, compensation is about helping you or your loved one recover financially and making sure the true impact of the care home injury is recognised.
For more information about making a claim - or to find out how we can help you - get in touch with us free on .
What are the costs associated with making a care home claim?
You might be concerned about losing money if your claim is unsuccessful, but you don't need to worry. Our panel of specialist care homes claims solicitors work on a No Win No Fee basis.
Our no win, no fee service takes some of the financial risks out of claiming so you won't pay unless your claim is successful. This arrangement includes a no-upfront-cost insurance policy to protect you from any costs during the claim process so long as you meet the terms of the agreement, providing you with financial peace of mind.
Your lawyer will always be open and transparent with you and will explain everything before they start to work for you.
Should a No Win No Fee arrangement not be able to be used on your specific claim, your care home claims lawyer will let you know why. This is very rare but if it does happen, all of your options will be explained to you.
Why Choose Us?
Our experience and expertise
We pride ourselves on the free advice we're able to give you about starting a no win no fee care home negligence compensation claim.
As the country's most trusted, and largest provider of personal accident advice we've got the expertise to help you make a claim.
Our friendly personal injury experts will help you in complete confidence. They'll let you know if you can make a claim, and explain the next steps.
Our no win no fee guarantee means no up front costs, no hidden charges and you pay nothing if your claim fails.
Still not sure?
If you're still unsure about what to do next and would like to talk things through with one of our friendly team, contact us for impartial and independent advice on .
Remember, we're here to help and make things right for you or your loved one.