Abuse of a victim can take place in many forms such as:

• Lack of adequate physical care/ Neglect of a resident’s basic needs (such as lack of washing, eating etc.)

• Lack of dignity and respect
• Withholding care or medication
• Abandonment
• Or in more extreme cases emotional, physical and sexual assault

Physical abuse includes acts such as kicking, punching, shoving, and being restrained. Physical abuse can lead to serious injuries and emotional damage.

Emotional abuse can be harder to identify. However, it is the most common form of abuse in care homes. Signs of emotional abuse include changes in mood and behaviour and the person in care seeming fearful.

Neglect differs from abuse. Abuse is the deliberate act to inflict harm on someone. Neglect can be intentional as well as unintentional usually stemming from carelessness, apathy of insufficient staffing.

Abandonment occurs when the person is reliant on caregivers, either at home of in a care setting but are left to fend for themselves.

The victim of the negligence can bring about a claim in their own right. However, it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed away.

In such circumstances, a claim can be brought on their behalf either by an appropriate person or a friend if the victim is still with us. If the victim has passed away it can be brought by the executor of the estate or a surviving dependent if the victim.

Our specialist team will be able to discuss whether you have a right to bring about a claim – so if you or a loved one have been affected, do not hesitate to contact us.

If you feel that you or a loved one has suffered institutional abuse, you may be entitled to bring about a claim.

Please contact one of our dedicated members of the team on 0113 200 9720, who will listen sympathetically to you and talk you through the claims process.

If you would prefer to reach out via email, please contact Carol Cook, the head of the department at c.cook@oakwoodsolicitors.co.uk.

The team at Oakwood Solicitors will be able to give you confidential, no obligation, advice on the prospects of your case and whether you would be eligible to make a claim.

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 clinical negligence claims at their outset, given the complexities involved. However, we will pursue two forms of compensation for you:

• General damages – An award of money for the pain and suffering you have endured as a result of the negligence.
• Special damages – An award for all of your out-of-pocket expenses, such as travel, medication costs, loss of earnings, and treatment costs both past and future. 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 institutional abuse 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 negligence.

We want to ensure that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and aim to allow the claims procedure to be as transparent as possible.

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