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Care home claims

If you or a loved one has suffered an injury or illness in a care home, it can be quite traumatic and sometimes life-changing. If you or a loved one has suffered an injury or illness in a care home as a result of medical negligence, LPS’s specialist legal experts can help get the compensation you deserve.

What are medical negligence care home claims?

When your elderly or vulnerable loved ones reside in a care home, you rightly expect a certain level of care and protection of their health and safety. In the majority, those who reside in care homes get an excellent service of care. However, there are exceptions when failings by the care homes and their staff result in poor medical treatment and care which can lead to loved ones becoming ill or injured. When this happens, you may be entitled to compensation for medical negligence.

What are the most common causes and types of medical negligence in care homes?

There are different scenarios which can lead to a care home injury, for example:

Pressure ulcers and pressure sores

Pressure sores or ulcers can develop under different circumstances, such as:

  • A patient’s skin is in contact with the bed for a long period of time
  • A plaster is put on incorrectly after a fracture

Pressure sores can be painful and take a long time to heal, and some don’t heal at all. This kind of sore can lead to infection and they may restrict the patient’s ability to walk or move.

Medication and prescription errors

  • Administering the wrong medication
  • Failing to keep meticulous and up-to-date records of the patient’s medical history
  • Failing to give accurate instructions
  • Misdiagnosis which leads to failure in prescribing the correct medication

Medication errors can lead to serious and even life-threatening conditions, and at the very least make an elderly person very ill rather than helping them to recover.

What to do now?

We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.

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    Care home claims

    Injuries and fractures from falls and handling errors

    Care home residents may be vulnerable to injuries from falls if:

    • They’re not provided with appropriate mobility aids
    • They’re not adequately supervised
    • They’re handled by staff carelessly

    There are occasions when a fall in a care home hasn’t been caused by negligence but some accidents are avoidable with proper care.

    Injuries from neglect and abuse

    In other cases, the families of care home residents are horrified to discover that an injury has been caused by abuse or deliberate neglect. In these circumstances, you need a legal expert on your side to help prove that the injury was caused by deliberate abuse, and not by the person’s age or an unavoidable accident.

    LPS have a team of experts who specialise in elderly abuse and can help prove your case and get the justice you deserve.

    How much can I claim for medical negligence which has occurred whilst in a care home?

    Naturally, every medical negligence case is different, and the final amount of compensation awarded will be based on the severity of the injury and the affect the injury has had on your life. Additionally, you’ll also be able to claim for any financial losses you’ve incurred as well as the cost of additional care, rehabilitation or treatment that’s required.


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      Frequently Asked Questions (FAQs)

      Medical negligence – What is it?

      Medical negligence is a rare occurrence. But when it happens to you, the effects can be devastating.

      Although most healthcare patients will be treated effectively, a small minority end up suffering from clinical negligence. This is when a medical professional makes an avoidable mistake, causing you harm in the form of an injury or illness or a worsening medical condition.

      Medical negligence also refers to times when a medical professional or organisation fails in their duty of care, causing you injury or harm. This can include:

      • Failure to diagnose a condition
      • Failure to warn you of the risks of a procedure or treatment
      • Failure to prevent an infection being acquired while under their care

      If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our medical negligence solicitors.

      How do I fund a medical negligence claim?
      For many people, funding a medical negligence claim is one of the biggest concerns they may have. You may be worried that you will not be able to afford to pay for your solicitor’s services upfront, which could put you off the idea of getting justice for the harm you have suffered.

      But in many cases, you don’t need to worry. Solicitors now typically offer a No Win No Fee arrangement – otherwise known as conditional fee agreements – for clinical negligence cases. This was introduced to enable patients who had suffered from malpractice to get the help they needed to recover without facing the stress of funding it all at the start.

      A No Win No Fee agreement will allow you to focus on your recovery and putting together the strongest case possible, instead of the potential impact it would have on your finances.

      Why should I make a medical negligence claim?
      Your health is precious. When someone harms that, you are entitled to take action.

      It is not just your physical health that takes a knock when you suffer from medical negligence. You may find that your mental health suffers too. After all, you were harmed by a person or organisation that was there to help treat your initial condition. This breach of trust can have lasting consequences. Getting justice in the form of the compensation you need to help you recover is one way of addressing them.

      You may be worried that making a claim will take funding away from the NHS – particularly at a time when it needs it most. But that won’t be the case. The NHS has legal protection in the form of indemnities to cover any potential claims. NHS Resolution is an organisation that focuses on resolving claims in England, meaning that you won’t have to claim directly against the NHS itself.

      Another important reason to make a medical negligence claim is that by doing so, you highlight the problem that caused you harm. This allows the hospital or surgery or clinician to address what went wrong and prevent it happening again to someone else.

      How long will a med neg claim take?
      Every instance of medical negligence is unique. That means it can be difficult to say exactly how long it will take to settle your medical negligence claim. Some cases will be concluded in months, while it may take years for more complicated claims to be settled.

      If the medical organisation responsible for your injury admits liability, your claim will be settled quicker than if they don’t. If liability is denied, you may end up going to court. And although this is rare, it will extend the claims process.

      Your solicitor will be able to advise you on how long you can expect your claim to take. They will keep you informed when there are any updates.

      How much can I claim in compensation?
      Every medical negligence claim is different. Your circumstances will be unique to you. That means that is difficult to say with certainty what you might entitled to in compensation. For a general idea, try our compensation calculator. It will help you establish what you might be entitled for a specific injury caused by your experience of medical negligence.

      The amount that you’ll be awarded will be split into two categories: general damages and special damages.

      General damages are awarded to cover the pain and suffering you’ve experienced as a result of your clinician’s negligence. These damages are intended to compensate for any lifestyle changes you have had to make. This includes not being able to take part in your usual hobbies or sports.

      Special damages cover any financial impact you’ve suffered because of an instance of medical negligence. This includes any loss of earnings if you’ve been unable to work or any money you’ve had to spend as part of your recovery from the negligent act, such as mobility aids.

      Compensation for medical negligence can help you get back in the position you were in before it ever happened. Your health and your future are the most important things.

      Get in Touch today and let us know how we can help you 08009961807

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