A full guide to nursing home negligence: how to identify abuse and when to seek legal advice

Published - 09/08/2023

Making the decision to place a family member in a care home is not an easy task. You expect your loved one to be treated with care and respect, but unfortunately, this isn’t always the case. If you suspect that negligent behaviour is taking place, there are steps you can take to ensure that justice is served to protect your loved one and other care home residents.

In this guide, we will explore the different kinds of nursing home negligence, such as medical negligence and abuse, as well as how you can identify the different kinds of abuse that may be taking place. We will also discuss the steps you can take if wrongful death occurs as a result of care home abuse, and how you can make a successful claim.

Medical negligence in nursing homes

Unfortunately, statistics show that nursing home abuse is quite common; around 99% of English care homes display signs of neglect and abuse. Common causes of nursing home negligence include understaffing and inadequate training, although the decision to cause elder abuse is made by the individual themselves. Medical negligence in care homes is common, and includes prescription and medication errors, injuries from falls, pressure sores and malnutrition.

Although medical negligence within a nursing home can be distressing, there are ways to identify it. If your loved one has unexpectedly lost or gained weight, or you notice that there are numerous hazards that could result in trips or falls, they could be experiencing negligent behaviour. You should also look out for signs of malnutrition and dehydration.

If you have any concerns, you should gather as much evidence as possible and report your findings to management or the relevant local authority. In order to ensure that your claim is as successful as possible, you should consult a medical negligence solicitor. To find out more about medical negligence in care homes, you can read our full guide here.

Abuse in nursing homes

When someone is being abused, there may be signs that are more noticeable than others. These include anxiety and depression in the victim, new medical symptoms which are side effects of not taking medication, bruising and a lack of communication between nursing staff.

If you believe that your loved is experiencing nursing home abuse and they are in immediate danger, you should contact 999. If you have your suspicions, you should contact your local authority, who may send someone from the Care Quality Commission (CQC) to investigate. If you would like to make a claim against a care home for medical negligence and abuse, you should first seek guidance from a qualified negligence solicitor.

To find out more about abuse in care homes, please read our full guide here.

Common examples of nursing home neglect

In a nursing home, to be neglectful is to fail to provide residents with a reasonable standard of care. Neglect stems from carelessness, whereas abuse is a deliberate act intended to cause harm and distress. Common examples of neglect include improper medical care, failure to refer the resident for further help and tests, hazards of slips and falls, and ignoring residents when they need assistance. To identify these forms of neglect, you should look out for significant weight loss, social isolation and bruises.

If your loved one is suffering from a condition such as Alzheimer's or dementia, it can be hard to identify neglect as they may not be able to comprehend what is happening to them. Therefore, you should aim to look out for signs that appear out of character, or look for physical signs of nursing home neglect. You should gather evidence, such as photographs and medical reports, to help you build a case.

To read our full guide concerning common examples nursing home neglect, you can visit us here.

Wrongful death in nursing homes

In some extreme cases of nursing home neglect and abuse, death can be an unfortunate result, especially if the neglect is severe and prolonged. If you raised any concerns about abuse before the death, you should ensure that you have proof and documentation that you complained. This can make it easier to make a successful claim.

No matter whether negligence or abuse occurred, both can lead to wrongful death. Physical abuse in care homes commonly results in death due to broken bones and internal issues such as bleeding. Providing the wrong medication or providing too much or too little of a prescribed dose can also lead to death. Residents should be properly cared for in order to avoid serious accidents, and staff should be properly trained. If not, negligence is more likely to occur.

If your loved one has recently died in a nursing home, and you believe it was caused by negligence or abuse, you should gather as much proof as possible. This includes evidence that you raised concerns of abuse prior to the death, and possibly an autopsy report that proves the cause of death. Each situation is unique, so you should seek legal advice as soon as possible. To find out more, please read our previous guide here.

How to identify care home neglect

Anything that causes emotional distress or physical harm to a care home resident can be classed as abuse or neglect, depending on whether the act was deliberate or due to a lack of attention or training. Changes to physical appearance or behaviour that is unexplained or out of character could be a cause of concern, especially if they do not have any known illnesses.

Once you believe that you have identified abuse or neglect within a care home, you should report your suspicions as soon as possible. Your first stop should be those in charge of the nursing home, before reporting the abuse to the relevant local authority. If you believe the threat to your loved one is immediate, you should contact 999.

To find out more about identifying care home abuse, and who is liable for any incidents that occur, you can read our full guide here.

How to make a claim of care home abuse

Once you believe you have identified negligence within a nursing home, you should attempt to gather evidence and make a claim as soon as possible. Before making any accusations or claims, you should seek advice from a negligence solicitor first.

If your care home place is local authority funded, you can complain directly to your local council. If they fail to resolve your issue, you can go to the local government and social care ombudsman. If the place at the care home is self-funded, you can go directly to the local government. You have three years from the date of the neglect to make a claim, and you can make a claim on behalf of the resident if they lack the mental capacity to make a claim themselves.