When your elderly or vulnerable loved ones stays in a care home or nursing home, you can and should expect a certain level of care and protection in the care provided. When failings by the care homes and their staff happen, it can lead to your loved one becoming ill or injured. When this happens, your loved one may be entitled to compensation for any negligence or failure in standards of case by the care home.
Care home negligence can happen in various ways, leading to harm, distress, or a decline in the overall well-being of your loved one. While not all care homes engage in negligent practices, care home negligence and failure can happen.
Care home negligence refers to the failure of a care home to provide the necessary standard of care to its residents. It encompasses a wide range of actions or inactions that result in harm or distress to the individuals under the care of the home. Negligence in care homes can manifest in various forms, including:
Medical Negligence: Failure to provide appropriate medical care, administer medication correctly, failure to monitor and document medication intake, leading to missed doses or overmedication failure to respond adequately to medical emergencies.
Personal Care Negligence: Inadequate assistance with daily activities such as bathing, dressing, and eating, leading to physical or emotional harm. Failure to train staff in essential caregiving skills, including medical procedures, hygiene practices, and communication. Neglecting basic hygiene needs, such as infrequent bathing, unchanged bed linens, or unclean living spaces. Inadequate infection control measures, resulting in the spread of illnesses among residents.
Physical and Emotional Abuse: Physical abuse by staff, including hitting, restraining, or rough handling of residents. Emotional abuse, such as belittling, humiliation, or ignoring residents' emotional needs.
Inadequate Nutrition and Hydration: Failure to provide residents with nutritious meals and adequate hydration, leading to malnutrition or dehydration. Ignoring dietary restrictions or special nutritional requirements.
Hygiene Negligence: Failure to maintain a clean and safe environment, leading to infections, injuries, or deteriorating health.
Emotional and Basic Needs Negligence: Neglecting the emotional well-being of residents, including ignoring their social needs or failing to address mental health concerns. Ignoring residents' basic needs, such as assistance with toileting, dressing, and mobility. Failure to respond promptly to call bells or requests for assistance.
Lack of Supervision: Inadequate supervision, leading to accidents, falls, or injuries among residents. Failure to provide adequate monitoring for residents with specific health conditions or mobility issues. Ignoring or delaying medical attention for residents with health issues or signs of deterioration. Failure to follow up on medical recommendations or provide necessary follow-up care.
Inadequate Communication: Poor communication between staff members, leading to misunderstandings or neglect of your loved ones needs. Lack of communication with your loved one and families about changes in health, care plans, or facility policies.
Speir Buchan have a team who can support you and your family in bringing a case for answers and compensation on behalf of your loved one for negligence and or abuse they may have experienced.
Yes, it is recommended that you complain to the care home which can be done at the same time as taking a legal claim with us, Speir Buchan. In raising a complaint about the care home, it is important that at each stage of the complaint process you document and retain all correspondence and dates. This correspondence can become crucial evidence if you move forward with legal action.
Why Pursue a Personal Injury Claim?
In the unfortunate event of a your family being subject to care home negligence they, or you as the family, may be entitled to take a personal injury claim for several reasons:
Negligence: If the negligence or care failure resulted from the care home and it caused harm or injury to your loved one there may be grounds for a personal injury claim.
Medical Expenses: Care home negligence or injury can incur expenses to facilitate a recovery or basic comfort of your loved one. A personal injury claim can help cover these costs, additional medical cover, rehabilitation, and ongoing medical treatment where out with the NHS.
Lost Wages: Following an injury, an individual family member may need time off work to assist in the care of their loved ones. In some instances, not all, we can help cover lost wages during this period. We will provide advice on this point, and there are no guarantees.
Pain and Suffering: Physical injuries can cause emotional distress and pain. Compensation from a claim may account for the mental and emotional toll of the negligence or failure in care levels.
Preventive Measures: Pursuing a personal injury claim can incentivise care homes to take preventive measures, such as improving safety protocols and maintaining change in the future.
Remember, every event of negligence or failure in duty of care is unique, and seeking legal advice is crucial for determining the specific merits of a personal injury claim. Prioritising safety measures within the care home is essential, but in the unfortunate event of an accident, knowing your rights and options is equally important.
If you or a loved one has a claim against their care home, don't hesitate to contact us. We offer a free initial consultation to evaluate your case and discuss your legal options. Let us help you seek justice and hold those responsible accountable for their actions. There are time scales and you should contact us as soon as possible to investigate an action for you
Your well-being, and that of your loved one, is our priority, and we are committed to providing you and them with the legal representation you need during this challenging time.
Our solicitors understand the complex and long-lasting challenges posed by this type of claim against care homes.
Reach out to Speir Buchan today to discuss the case. We are here to provide not only expert legal guidance but also an understanding of the physical, emotional, and financial challenges that you and your loved one may face. Together, we will work towards securing the justice and compensation deserved.
