World Alzheimer’s Month, annually held in September, aims to raise awareness and support individuals affected by dementia and neglectful care in care homes.
Despite being the leading cause of death in the UK and a major health and social care concern, dementia is often overlooked.
The Alzheimer’s Society is highlighting the UK’s forgotten dementia crisis by exposing millions of stories from affected individuals and creating a case for action against neglectful care for dementia patients in care homes.
What is Alzheimer’s?
Alzheimer’s disease is a progressive brain disorder that gradually destroys memory, thinking skills, and the ability to perform simple tasks. It is caused by abnormal proteins in the brain, damaging nerve cells and disrupting communication.
This loss of cognitive function and behavioural abilities interferes with daily life and activities, leading to difficulty performing simple tasks like eating or walking.
Dementia is a major cause of disability in later life, causing significant economic costs due to institutional care. In the UK, over 30% of 820,000 dementia patients live in long-term care institutions, making up 4% of the total population aged 65 and over.
The CQC has reported a significant increase in the number of care homes in England offering dementia services, from 2% to 9% between 2019-2023, indicating a national crisis in care safety, with over half of the reported homes rated as inadequate or requiring improvement.
Navigating the Transition to Residential Care
Families often face the challenging decision of moving a dementia-afflicted loved one into a care home, but it may be the best option for those with complex medical needs or those undergoing a needs assessment.
While most care homes provide excellent service, there are instances where staff failures can lead to poor treatment, injury, or neglect. This can be due to underfunding, inadequate policies, staffing, or staff members abusing their positions of power.
Care home abuse cases are traumatic for victims and their families, so it is crucial to file claims promptly to hold perpetrators accountable and potentially receive compensation.
Understanding the Types of Care Home Malpractice
Dementia neglect in care homes is a serious issue where residents with dementia experience inadequate care, leading to physical and emotional harm.
Medical negligence in dementia care homes frequently stems from factors, including:
- Physical Neglect: Inadequate care, including bathing, toileting, dressing, and feeding, can lead to injuries like pressure sores and falls. These injuries can result from compromised skin integrity, prolonged immobility, and can worsen infections, Sepsis, and even death. Improper management can also lead to falls, as mismanagement, incorrect manual handling, or inadequate supervision can cause unwitnessed falls.
- Emotional Neglect: This can cause distress and mental health problems for the resident by showing up as social isolation, a lack of interaction, and a failure to meet their emotional needs.
- Medical Neglect: Prescription errors in dementia patients can lead to serious and potentially life-threatening conditions. These errors can occur due to staff administering incorrect medication, failing to provide necessary medical attention, and inadequate monitoring of health conditions.
- Environmental Neglect: Living in unsanitary conditions, such as dirty rooms, lack of lighting, or inadequate temperature control, can lead to malnutrition, dehydration, poor hygiene, and inadequate access to healthcare for Dementia patients.
Prioritizing Protection: Safeguarding for Those Living with Dementia
Safeguarding applies to various adults, often deemed vulnerable or at risk, including those with dementia, learning disabilities, sensory or physical disabilities, and carers. Individuals with dementia exhibit cognitive symptoms that increase their vulnerability to abuse or neglect.
They may experience:
- Memory loss
- Problems with concentrating, planning, and organising – including making decisions and problem solving.
- Communication difficulties
- Difficulties with orientation
All of these can make it harder for people to protect themselves.
Carers, who may be overburdened, isolated, lonely, or experiencing severe stress, may be at risk of neglect and abuse, potentially affecting their ability to provide care and self-care. Raising a Safeguarding concern can positively impact their well-being by completing a carer’s assessment, enabling suitable support for their caring role, and reviewing with the individual carer.
What is Safeguarding?
Safeguarding is a UK and Irish term used to protect individuals’ health, well-being, and human rights, particularly children, young people, and vulnerable adults.
The Care Act 2014 defines it as preventing abuse and neglect while promoting adult wellbeing. It involves collaboration between individuals and organizations to prevent risks and promote well-being, considering views, wishes, feelings, and beliefs in decision-making.
When we consider Safeguarding, the following six principles are considered (as part of the Care Act):
- Empowerment: People being supported and encouraged to make their own decisions and informed consent
- Prevention: It is better to act before harm occurs.
- Proportionality: The least intrusive response appropriate to the risk presented.
- Protection: Support and representation for those in greatest need.
- Partnership: Local solutions through services working with their communities. Communities have a part to play in preventing, detecting, and reporting neglect and abuse.
- Accountability: Accountability and transparency in safeguarding practice.
Please note that Wales and Northern Ireland have their legislation and good practice relating to safeguarding:
How do I make a claim?
If you feel that you or a loved one has suffered institutional abuse, you may be entitled to bring 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.
Frequently asked questions:
Who can bring about a claim?
The victim of the negligence can bring 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 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 of the victim.
Our specialist team will be able to discuss whether you have the right to bring about a claim, so if you or a loved one has been affected, do not hesitate to contact us.
How much is my claim worth?
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.
How is my case funded?
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 is 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 is only payable if you are successful with your claim.
Further information:
Dementia Care Home Negligence on the Rise.
Oakwood Solicitors Elderly Care and Care Home Abuse.
WHAT TO DO NEXT?
If you or a loved one has suffered as a result of dementia medical abuse at a care home, get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page or call us on 0113 200 9720.
Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence Department.
Carol handles a wide range of clinical, cosmetic and dental negligence claims and has years of experi…
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