Care home negligence
compensation claims

If a care home injury has set you back, we'll help you move forward

Care Home Injuries can result from falls, medication errors, or negligence in providing proper care to the elderly or disabled.

If your life, or the life of a loved one, has been affected by a care home injury, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

You can make a compensation claim with the help and support of a specialist clinical negligence solicitor.

You are not alone

Accidents that cause injuries are relatively common among elderly people. Nonetheless, care homes should take all reasonable precautions to reduce the number of accidents, lessen the extent of injury, and help residents' recovery.

The Royal Society for the Prevention of Accidents has reported that in some parts of the UK, 30% of over 65 year-olds experience a fall every year. That figure rises to 50% for people who are aged 80 or over.

If you decide to make a care home injury claim, your medical negligence solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.

Am I eligible for care home injury compensation?

You can claim care home injury compensation if a medical professional's substandard treatment caused you harm.

Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

How long do I have to start a care home injury claim?

You usually have 3 years to make a care home injury claim, from the date you learned you were harmed by the substandard care (the date of knowledge).

Get an impartial opinion

To get impartial advice on whether you have a claim, speak to an injury claim expert on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

How much compensation can I claim for a care home injury?

The amount of money you could claim for your injury will depend on:

• the seriousness of your injury, and
• any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

If it can be proved that your injury left you unable to work, special damages can be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.

These damages will also cover the cost of any medical procedures you might need to treat or recover from your care home injury such as psychological support and corrective treatment.

Read more:

A complete list of recoverable losses in a personal injury claim

How long do I have to start a claim?

If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.

It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.

What if your injury was diagnosed months or years after treatment?

You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.

The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).

It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.

Typical care home accidents

Fall accidents in care homes

The most common accidents in residential care settings are falls. The fall could be precipitated by a slip or trip accident resulting from a poorly positioned object or a spill. A nursing home patient might require mobility aids, such as crutches, wheelchairs or walking frames.

If these items are out of reach, a fall could result when the patient attempts to get out of a bed or chair.

Lifting

Falls in care homes can also be due to handling mistakes. Staff should be fully trained and supported in providing physical support. However, errors still occur sometimes, and if staff are unable to move or assist in a safe manner, both the patient and care assistant could be injured.

Neglect

Care home professionals are usually trained to ensure the prevention of pressure ulcers and sores.

When proper procedure regarding prevention is not followed, older people can find themselves vulnerable to debilitating pain, infection and further restrictions to mobility. The Waterlow Score is a method used to reduce the risk of pressure sores, protecting elderly patients from neglect in hospital and in the care home.

See also:

Hospital negligence compensation claim

What should you do if you, or a family member, is injured because of a care home accident?

In the first instance, you should see a doctor, or arrange for your relative to be seen by a doctor. If you are concerned about the injury of a family member, it may help if you can attend the appointment with them.

This would allow you to provide extra support, and to get as much information as possible on the nature of the accident as well as its consequences.

Accidents in care homes that could reasonably have been avoided may amount to a claim. The care home itself is usually liable, though the manufactures of faulty equipment or medication may be responsible depending on the circumstances.

Care home operators should have public liability insurance to provide financial cover in the event of injuries being sustained by residents.

The panel of solicitors are experienced at dealing with care home accident injury compensation claims, and will guide you through the process step by step.

To discuss your options on a confidential basis, call us on?0800 376 1001.

What happened?

The process for a care home injury claim depends the circumstances of the accident. To learn more, click the icons below:

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How we can help you with your medical negligence claim

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.

• FREE
  consultation
• Find out
  if you can claim
• No obligation
  to start a claim

Handled with the utmost professionalism... extremely kind, courteous and empathetic.

The Good Solicitor Guide

£100,000 award for delays in hospital treatment

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Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.