In this guide, we will look at the process of claiming compensation if you have been harmed by care home negligence. Whether you are a resident in a care home or visiting a relative who resides in one, you are owed a duty of care by the party in control of the space.
Care home negligence claims guide
If you’re injured because this duty of care is breached, then you could be entitled to claim compensation. This guide will look at some examples of how injuries could occur.
Furthermore, we will examine how compensation could be valued and the amount you could receive in a successful claim. Working with a personal injury solicitor could mean that you get the maxmum compensation that you’re entitled to, as their experience and expertise will ensure that all aspects of your claim are covered. You could be connected with a solicitor from our panel; just get in touch by:
- Calling our team for free on 0113 460 1216
- Contacting us online and request a callback
- Using the live chat option, to the bottom right of this screen.
Choose A Section
- What Is Care Home Negligence?
- Scenarios Of Care Home Negligence
- The Significance Of Evidence In A Personal Injury Claim
- How Much Could I Get For Care Home Negligence?
- What Are The Advantages Of A No Win No Fee Agreement?
- Find Out More About Personal Injury Claims
What Is Care Home Negligence?
According to guidance from the Health and Safety Executive (HSE) about Health and Safety in Care Homes, the two key pieces of legislation that are relevant in relation to health and safety in care homes are the Health and Safety at Work etc. Act 1974 (HASAWA) and the Management of Health and Safety at Work Regulations 1999 (MHSWR).
The HASAWA outlines the duty of care owed by employers. This duty of care is not restricted to employees, but also applies to members of the public who could potentially be affected by the work they do. They need to ensure, as far as is reasonably practicable, that their health and safety is not at risk.
While the HASAWA outlines the general duty of care that employers owe, the MHSWR is more explicit in stating what steps employers are required to take in order to manage safety. For example, they should:
- Provide employees with clear and relevant training
- Carry out risk assessments
- Appoint competent people to help them implement the arrangements made
- Set up procedures for emergency situations
If the duty of care to you in a care home was breached and you were injured as a result, this is an example of negligence. You could be entitled to claim for care home negligence; speak with a member of our team for further guidance.
Care Home Negligence Claim Statistics
In a survey carried out by University College London, staff in 92 care homes across England were asked to give information on positive and negative behaviours that they either witnessed or carried out themselves.
1,544 care home staff responded. At least some level of abuse was identified in 91 out of the 92 care homes that replies related to.
The most common abusive behaviours based on the percentage of staff who reported it happening were:
- Making a resident wait for care (26%)
- Avoiding a resident whose behaviour is seen as challenging (25%)
- Not allowing residents enough time to eat (19%)
- Failing to take enough care when moving residents (11%)
It is important to note that instances of abuse are only one of the scenarios in which a claim for care home negligence could be made. If a breach of duty of care in a care home has caused you injury, speak with a member of our team for free legal advice.
Scenarios Of Care Home Negligence
There are a number of ways that employer nelgigence in a care home could cause injury to staff, service users and visitors. We have included examples below of how accidents could occur:
- A slip or trip could happen because a wet floor was not signposted after being mopped. This could result in a visitor sustaining a hand injury.
- A resident becomes ill because poor hygeine practices in the care home kitchen meant that they contracted food poisoning.
- An employee at a care home sustains a neck injury because they are told to move a resident from a chair to a bed without the requisite manual handling training to do so safely.
Not all instances of injury occuring in a care home will be the grounds for a successful claim. For example, if a visitor to the care home susatins a broken leg beacuse they fell over due to tripping over their shoelaces, then this would not form the basis of a claim.
It’s also important for you to consider the time limit that relates to beginning a personal injury claim. This is generally 3 years from the date of the accident or the date of knowledge, which is the date that you became aware or would have been expected to be aware that negligence caused or contributed to your injuries.
However, exceptions can apply in cases where the injured person is legally unable to represent themself in a claim. For information on whether these exceptions apply to your circumstances, speak with a member of our team today. You could be connected with a lawyer from our panel to work on your care home negligence claim.
The Significance Of Evidence In A Personal Injury Claim
Evidence is an important aspect of personal injury claims. Without sufficient proof to show that negligence occurred and that the harm you experienced was a direct result of this, you will not be awarded compensation.
Evidence you could provide includes:
- Medical reports from medical attention you sought after the incident
- CCTV footage that shows negligence take place
- The contact details of any witnesses who saw the negligence take place
A solicitor could help you in the process of collecting evidence in support of your claim. Speak with an advisor to see if you could be connected with a lawyer from our panel to help with your claim for care home negligence.
How Much Could I Get For Care Home Negligence?
The table below is made based on figures from a publication called the Judicial College Guidelines which contains guideline award brackets. Personal injury lawyers use these guidelines to help them assign a value to compensation.
| Injury | Severity | Notes | How Much? |
|---|---|---|---|
| Brain Damage | Moderately Severe | Very serious disability, substantial dependence on others for care. Physical and/or cognitive disabilities. | £219,070 to £282,010 |
| Arm Injury | Severe | Extremely serious injuries that leave the injured person not much better off than if the arm was lost. | £96,160 to £130,930 |
| Arm Injury | Less Severe | Significant disabilities; however, recovery will have been (or will be expected to be) substantial. | £19,200 to £39,170 |
| Neck Injury | Severe (ii) | Serious fractures or injuries to the discs in the spine causing considerably severe disability. | £65,740 to £130,930 |
| Neck Injury | Moderate (iii) | Acceleration or exacerbation of a condition already present. This occurs over a shorter period of time, usually below 5 years. | £7,890 to £13,740 |
| Pelvis and Hip Injury | Moderate (i) | Where injury is significant but there is no great risk of future disability | £26,590 to £39,170 |
| Pelvis and Hip Injury | Lesser (i) | Despite injury being significant, there is no residual disability, or little disability if it is present. | £3,950 to £12,590 |
| Back Injury | Moderate (ii) | Injuries such as disturbed ligaments and muscles or injuries to the soft tissue. | £12,510 to £27,760 |
| Back injury | Minor (iv) | Full recovery within 3 months | Up to £2,450 |
| Elbow Injury | Moderate or Minor (i) | Injury such as a simple fracture or tennis elbow resolves within a year. | In the region of £3,530 |
The part of your claim that aims to compensate you for the pain and suffering that your injuries have caused is known as general damages. It’s awarded based on the severity of your injuries and the impact on your quality of life. For example, a minor injury could attract less in general damages than a life-changing injury.
In some cases, you might be asked to attend an independent medical assessment to value this head of your claim. A personal injury solicitor from our panel could arrange this in your local area if you choose to work with one.
Special Damages
As well as general damages, you could also be awarded special damages as part of a care home negligence claim. This compensates you for the financial losses you have incurred as a result of the accident in which you were injured. They could include:
- Damage to property, such as a broken phone that was damaged in a fall from a height
- The cost of medical care, for example physiotherapy, if you need it to heal from a knee injury
- Loss of earnings if your injuries have left you unable to work
- The cost of mobility aids if you’re unable to walk following your accident
What Are The Advantages Of A No Win No Fee Agreement?
You may wish to work with a solicitor when making a care home negligence claim. While not a legal requirement, representation can be extremely valuable because a lawyer can use their guidance and experience to support you in your claim. However, if you’re worried about the cost that this could cause you to incur, a No Win No Fee agreement could help.
No Win No Fee agreements, a popular form of which is a Conditional Fee Agreement, allows you to access the work of a lawyer without generally paying upfront or as the claim progresses.
If you’re awarded compensation, then your settlement will be sent to you with a legally capped success fee having been deducted by your solicitor. The legal cap that applies to this will always leave you with the majority of your compensation.
Make A Carer Malpractice Claim Today
Learn more about making a care home negligence claim for yourself or a family member today by speaking to our team. They can offer free legal advice on starting your claim for compensation. Simply:
- Call our team for free on 0113 460 1216
- Contact us online and request a callback
- Use the live chat option below.
Find Out More About Carer Malpractice Claims
Carer malpractice issues can cover a wide range of topics. Below are some helpful links:
- Claiming for a scalp burn
- Quadriplegia claims guide
- Making a claim after a collapsed lung
- Government guidance on Statutory Sick Pay (SSP)
- The Care Quality Commission is the independant regulator of health and social care in England.
- The NHS provides guidance on care homes
For more information on the steps you could take if harmed by care home negligence, speak with an advisor today.
Writer Jeff Wallow
Editor Fern Stringer