When a loved one is placed into a care home or nursing home we rightly expect certain standard of care to be delivered.

A care/nursing home is responsible for our loved ones’ care, protection, health and safety and wellbeing. We should be able to feel that they are being looked after.

There are some excellent homes that provide a great service to our loved ones. However, when poor care is provided, this can lead to our loved ones becoming ill and injured. If this happens then you or your loved one may be entitled to compensation.

There are a number of possible claims that can arise in a care home setting. Some examples of these are:

• Pressure sores and ulcers

Pressure sores are injuries to the skin and underlying tissue caused by prolonged pressure on the skin. Such as been in bed for too long.

• Falls and handling errors

Patients are inadequately supervised or not provided with suitable mobility aids.

• Medication and prescription errors

These can happen in a variety of ways such as: failure to maintain and update records of patient’s medical history or misdiagnosis’ leading to incorrect medication prescribed.

• General neglect (such as dehydration)
• Failures or delays in obtaining medical help

If a loved one has suffered due to negligence in a care home or nursing home then the following may be able to be claimed:

• Compensation for pain and suffering
• The cost of any further treatment that may be required
• Any therapies that may be requested

In the sad case of negligence leading to the death of your loved one then you may be able to claim for bereavement payment together with financial losses such as funeral expenses.

If you feel that you or a family member has suffered as a result of negligent treatment by a care provider, you may be entitled to bring about a claim.

If you have personally suffered the negligence, you may bring about a claim in your own right. However, it may also be the case that the person who has suffered has passed away or they may be unable to bring about a claim themselves as they no longer have capacity.

In such circumstances, a claim can be brought:

• by the individual who has suffered as a result of negligence,
• on their behalf either by an appropriate person or litigation friend in certain circumstances, or:
• by the executor of the estate if the individual has passed way.

Our team will be able to assess on the prospects of your case and whether you would be eligible to make a claim.

The inadequacies of the care and treatment of your loved one should not be accepted. The negligent treatment of your loved one can be very upsetting and traumatic.

If you consider that there had been possible negligence, then please get in contact with Oakwood Solicitors, one of our specialist will be able to discuss this with you.

We have a lot of experience and success with care home claims. We have been able to assist with many families achieving the compensation that their loved one deserved.

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims, this limitation period commences from the date of death.

The law surrounding limitation periods is complex. Our specialist team will be able to advise further.

Given the complexities involved in pursuing a Clinical Negligence claim, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

It is often difficult to value claims at their outset, given the complexities involved. However, we will pursue two forms of compensation for you:

General damages – for the pain and suffering you have endured as a result of the negligence.

Special damages – for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future.

Fatal Accidents Act claim – for cases involving the death of a loved one a claim under the fatal accidents act may be able to be made which allows (in certain circumstances) for a statutory bereavement award.

This list is not exhaustive and is very case-specific.

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay up front and nothing to pay if the claim has been lost.

If you are successful in your claim a deduction will be taken from your damages to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations.

If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

For more information on how to make a claim for abuse in a care home or in elderly care, read our guide here.

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

For example cases and settlements that we’ve successfully handled, read this article.