We expect care homes to provide care of the highest standards to us or our relatives. However, things can go wrong and residents can end up suffering harm. That’s why we have made this guide to care home negligence claims.
You’ll see information on key aspects of making a claim, including the eligibility criteria to claim, some examples of negligence in care homes and how our panel of expert solicitors can support you throughout the claim.
We have also provided an explanation of how care negligence compensation is determined under the two relevant heads of claim, with a compensation table for your reference. Our final section examines the No Win No Fee agreement our panel can offer their services under and how such a contract will be of considerable advantage to you.
To get a free assessment of your or your relative’s eligibility to claim, or to ask any questions that may have arisen during the reading of our guide, contact our team today using the details given here:
- Call us on 0800 408 7827.
- You can also contact us through our website.
- Or, you can open the live chat window on your screen now.
Browse This Guide
- How To Sue For Care Home Negligence?
- How To Sue A Care Home For Negligence
- Types Of Negligence That Can Occur In Care Homes
- How Much Compensation Could You Claim?
- How To Sue For Care Home Negligence On A No Win No Fee Basis
- More Information
How To Sue For Care Home Negligence?
Those working in residential care, whether public or private healthcare providers operate those facilities, owe a duty of care to keep residents safe and provide care that meets the correct standard.
A duty of care means a legal responsibility to provide care for a person or group of people. What this means is if your loved one or yourself were not protected or provided the correct standard of care, then you could seek compensation for any harm that this caused.
The eligibility criteria to claim compensation for care home negligence have been set out here:
- The care home owed you or your relative a duty of care.
- This duty was breached in some way.
- That breach resulted in you being harmed.
How To Sue A Care Home For Negligence
In this section, we examine a few key aspects of making a care home negligence claim. The solicitors on our panel provide support throughout the claims process and provide their knowledge and expertise so you don’t need to worry about handling everything yourself.
However ,we have set out a few things you should be aware of before beginning a claim here.
Gathering Evidence To Support A Negligence Claim
Evidence is crucial in any claim. You need to be able to show that you or your loved one was owed a duty of care, and that a breach of this duty caused avoidable harm. Examples of evidence that could be used include:
- Medical records can be used to show what harm was sustained. This can include the results of tests, examination notes and copies of any scans.
- Persons who witnessed the accident could provide a statement. You won’t be interviewing the witnesses yourself, a solicitor will handle this. All you need to make sure you do is acquire up to date contact information for any potential witnesses.
- Proof of any financial losses stemming from the avoidable harm caused.
- CCTV footage of the accident could be acquired if available.
- Maintenance logs and training could show that key repairs were not carried out, or that staff had not been trained in certain tasks.
How Long You Have To Begin A Claim
In most cases, there is a 3 time limit imposed on care home negligence claims. This is set down by the Limitation Act 1980. However there can be exceptions to this.
As many residential homes more often than not cater to the elderly, those with dementia or other health conditions, these individuals often do not have the mental capacity to claim for themselves. The time limit is halted indefinitely in these cases.
In these scenarios, a suitable adult may be appointed to act as a litigation friend, and make decisions regarding the claim on behalf of the resident. This enables the claim to be started much sooner.
How Long It Takes To Get Compensation
This greatly depends on the particular circumstances of the claim. Our panel of solicitors always endeavour to resolve claims as quickly as possible but there are number of factors that can affect this including:
- Whether the defendants admit liability straight away.
- How serious the harm caused is.
- Delays with getting medical documents.
For more advice on the time limits, the evidence you can gather or for a free assessment of your eligibility, contact our advisors today.
Types Of Negligence That Could Occur In Care Homes
There are multiple ways in which harm could be caused in a care home. We have set out a few examples here:
- Errors in your or your relative’s patient notes resulted in them receiving the wrong medication. This caused a severe allergic reaction.
- A failure to correctly assess a resident with mobility issues and provide them with a walker caused them to slip and fall while heading to the breakfast room.
- Inattentive staff left a patient in the same position for an extended period. They developed pressure sores that later became infected.
To get a free eligibility assessment, talk to our team today.
How Much Compensation Could You Claim?
There are two different heads of claim that may be awarded. These are:
- General damages: this head of claim compensation for the physical and psychological harm caused by the substandard care.
- Special damages: compensation for associated financial losses. More on this below.
Those responsible for calculating a potential general damages figure during your claim can refer to the provided medical evidence in conjunction with the Judicial College Guidelines (JCG). The JCG publication sets out guideline compensation figures for various types of harm, a selection of which have been used below.
How Payouts Are Calculated
Please be advised that the information given here is intended to act as guidance only. The top entry was not taken from the JCG.
| Type of Harm | Severity | Guideline Compensation Figure |
|---|---|---|
| Multiple Instances of Very Severe Harm as well as Financial Losses | Very Severe | Up to £1,000,000 and above. |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Moderate (c)(iii) | £52,550 to £110,720 | |
| Paralysis | Paraplegia (b) | £267,340 to £346,890 |
| Back Injuries | Severe (a)(ii) | £90,510 to £107,910 |
| Moderate (b)(ii) | £15,260 to £33,880 | |
| Bladder | Seriously Impaired Control (c) | £78,080 to £97,540 |
| Some Fairly Long-Term Interference With Function (d) | £28,570 to £38,210 | |
| Digestive System | Non-traumatic Injury - Vomiting and Diarrhoea (b)(i) | £46,900 to £64,070 |
| Non-traumatic Injury - Serious Food Poisoning (b)(ii) | £11,640 to £23,430 |
Special Damages – What They Mean For Your Claim
As mentioned above, special damages can be awarded for the financial losses associated with the avoidable harm you or your loved one experienced. Examples of costs that could be reimbursed include:
- Lost income.
- Costs of in-home care.
- Travel expenses.
- Out-of-pocket medical bills.
- Home Adaptations.
Proof of any financial losses will be required, so retain copies of any documentation (your payslips, receipts, invoices) to be used as part of your supporting evidence.
You may benefit from working with a specialist care home negligence solicitor from our panel to collect evidence. A solicitor could not only offer support with the collection of evidence but also ensure the claim is brought within the relevant time limit.
Contact our team today via the details below for an assessment of your eligibility to claim. If eligible, our advisors could connect you with a solicitor from our expert panel.
How To Sue For Care Home Negligence On A No Win No Fee Basis
There is no legal requirement to instruct a solicitor to represent you in when making a claim. You are perfectly entitled to handle everything yourself. However, there are a number of advantages to having a trained legal expert in your corner.
You will benefit from years of knowledge and experience, and get support with key taks during the claim. We have set out some of the ways a solicitor could support your throughout the claims process here:
- Maintaining clear communication throughout the claims process and keeping you abreast of any developments.
- Interviewing witnesses.
- Calculating potential compensation figures for both general and special damages.
- Negotiating with the defendant’s representatives on your behalf.
- Ensuring compliance with the limitation period as well as any court instructions or deadlines.
Considering A No Win No Fee Claim
Our panel of expert solicitors can off their services on a strictly No Win No Fee basis with a particular type of contract called a Conditional Fee Agreement (CFA). Instructing a legal representative under a CFA brings a number of key benefits including:
- No fees payable to the solicitor to start work on your claim.
- You will also not incur any fees for that work during the claims process itself.
- And if the claim fails, you will not be paying any fees for the work the solicitor has done.
A successful claim will see you awarded compensation. Part of this compensation will go to the solicitor’s success fee. But since this fee is capped at 25% by The Conditional Fee Agreements Order 2013, you will keep the majority of any payout that is awarded.
To get a free assessment of your eligibility to claim, or to ask any questions that may have arisen during the reading of our guide, contact our team today using the details given here:
- Call us on 0800 408 7827.
- You can also contact us through our website.
- Or, you can open the live chat window on your screen now.
More Information
You can read some of our other claims guides here:
- Find out how to claim for wrongly prescribed antidepressants here.
- Read our guide on how to sue for a food allergic reaction and learn how compensation is calculated.
- See when you could be eligible to sue your local council after causing you injury.
We have also provided these external resources for additional information:
- You can find out about the work of the Royal Society for the Prevention of Accidents (RoSPA) on their website.
- The NHS has published this guidance on first aid and how to assist someone after an incident.
- Learn when to complain to the Parliamentary and Health Service Ombudsman about residential care.
We’d like to thank you for taking the time time to read our care home negligence claims guide. You can ask any questions you may have, or get a free eligibility assessment by talking to our advisory team.