Medical negligence in nursing homes: how can I make a claim?

Published: 18/07/2023

Almost 393,000 individuals were living in care and nursing homes across England between 2019 and 2020. Many families entrust their relatives - particularly elderly relatives - to care homes because they cannot provide the level of care needed at home. This can be a tough decision but is done in good faith and with the belief that the professionals running those care homes are trained medical professionals.

Sadly, many nursing home residents suffer from neglect and poor care during their time in care facilities. If you or one of your loved ones have experienced medical negligence while staying in a nursing home, you are entitled to make a care home negligence claim and gain compensation. In this guide, we will explore the most common forms of negligence in nursing homes, how you can identify these examples, and how you can report neglect and make a claim.

How common is medical negligence in nursing homes?

A recent survey indicates that out of 92 care homes, 91 had seen incidents of neglect, with the most common forms being elderly patients not being given sufficient time to eat and being left waiting. Meanwhile, the National Center on Elder Abuse (NCEA) has found that around 95% of residents in nursing homes have either experienced or witnessed neglect.

The most common causes of nursing home neglect include:

• Understaffing: this can lead to there being too few nurses to manage the needs of all patients.
• Negligent hiring practices: this can lead to care home staff being hired who have a substantial risk of neglecting elderly patients. Staff should be subjected to thorough screening processes to ensure no criminal backgrounds or previous incidents of abuse.
• Inadequate training: when nursing home staff aren't professionally trained, they can inadvertently make mistakes with medication, mishandle patients, and cause other issues that lead to patients being neglected. Poor training can also lead to the development of neglectful patterns of behaviour.

There are serious consequences when care and nursing homes experience a lack of medical care, including accidents and injuries to patients, incorrectly administered medications, and death.

What are some common examples of medical negligence in care and nursing homes?

While nursing home abuse can take many forms, some common forms of medical negligence happen more frequently. These include:

Prescription and medication errors

Errors involving medication and prescriptions are widespread, yet they can easily occur if a staff member makes a mistake regarding the dosage or frequency of medication. Other mistakes can include inadvertently administering the wrong medication, failing to administer medication at the correct time, or accidentally administering an overdose.

Injuries or fractures from falls and accidents

It is common for the elderly to experience slips, trips, and falls. People entrust their loved ones to nursing homes to avoid accidents by ensuring someone is present to help them move around safely. Despite this, it is quite common for patients to have a fall or accident that results in fractured or broken bones and other injuries.

Pressure sores and bed sores

When an elderly patient is bed-bound or spends a lot of time lying or sitting in the same position, it is vital for them to be moved regularly. When this doesn't happen often enough, it results in pressure sores and bed sores.

Malnutrition and dehydration

Failing to ensure that a care home resident eats and drinks properly is another common form of care home neglect. This could be due to the nursing home failing to provide enough food and beverages. It can also be due to staff not giving patients the help they need to eat and drink or allowing them enough time to do so. An elderly person may also not remember to eat and drink as often as they need to and need someone else to ensure they stay hydrated and well nourished.

If you believe your loved one is experiencing medical negligence in a nursing home, seeking help from a qualified medical negligence solicitor can help you get the answers you need.

How can I identify that medical negligence has occurred?

There are several indications that medical negligence has occurred. You may notice that the resident has unintentionally lost or gained weight. They may be reluctant to socially interact or refuse to engage with others uncharacteristically. You may also notice that they are not provided with the opportunity to do activities they find enjoyable, or they have been denied the necessities needed to act independently, such as dentures, glasses, or hearing aids. Any signs of malnourishment or dehydration could be cause for concern, as well as poor hygiene and a smelly or dirty environment.

It is important to remember that while these signs are concerning, they are not proof of care home neglect or abuse. If there is no clear explanation for any of these warning signs, it is prudent to investigate further to determine if abuse has occurred. It is essential to seek legal advice before making assumptions.

How do I report a nursing or care home for neglect?

If you suspect abuse or negligence has occurred and have determined that you have reasonable cause to report it, there are several steps you can take. First, you should complain about the mistreatment directly to the care home. Following this, if the council funds the care home, you can make a report to the relevant council. You can report it to the local government if it is a self-funded care home. Following a report of neglect, the Care Quality Commission (CQC) may be sent to investigate.

You may wish to seek legal advice from a solicitor's firm to aid you in making your injury claim. You can get in contact with our medical negligence solicitors today for objective and trusted advice.

How can I make a claim of medical negligence against a nursing home?

You must gather evidence of the abuse to make a medical negligence claim against a nursing home. Be aware that you do not have an endless period of time to make a claim. Unless the injured party doesn't have the mental capacity to make a claim, or their injuries went undiscovered until a later date, you will have three years to claim. If your attempts to report the abuse fail, you may need to take legal action. The compensation you receive will vary depending on the severity of the negligence.

How can a medical negligence solicitor help me?

The role of a medical negligence solicitor is to guide you through every step of the process, from the initial enquiry to figuring out how your claim will be funded, obtaining relevant medical records, and instructing a medical expert to aid you. From there, we can help you negotiate your claim and calculate your compensation claim.

How Wake Smith can help

If the process of making a claim of abuse or personal injury seems overwhelming, our experienced team at Wake Smith can help you gather the necessary evidence and advise you on whether your claim has merit. If you need help making a care home negligence claim as a concerned family member, get in touch with us today.

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