Nursing home negligence: how can I make a claim?
Published - 09/08/2023
Having to move a loved one into a nursing home is a difficult time. You may have looked at Care Quality Commission (CQC) ratings and been shown around homes, doing everything to ensure that the level of care provided will allow your loved one to spend every day as comfortable as possible.
Sometimes, residents can experience neglect. Care home negligence will involve mistreatment that can result in personal injury, illness or a poorer quality of life. If you suspect a loved one is experiencing negligence, it can be a deeply upsetting and stressful time.
This guide will explain how to report negligence in a care home setting and how to prove it should you need to make a claim.
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Here’s how you can identify care home abuse and the evidence you will need
Find out more about reporting abuse to care home managers and local authorities
Discover more about time limits concerning nursing home abuse claims
Seeking legal advice can help the claim process run smoother and more efficiently
If your loved one lacks mental capacity, you can make an abuse claim on their behalf
Here’s how our experienced team can assist you
How do I prove negligence in a nursing home?
In order to make a care home negligence claim, you must be able to prove it in court. The evidence has to show that the level of care received fell below the standard someone is reasonably entitled to. It also has to show the link between the loss a claimant has suffered and negligent care.
Whether you are the person receiving care, or you are claiming on someone's behalf, it is important to gather as much evidence as possible to support your claim. Keep photos, recordings and medical reports that demonstrate nursing home neglect. It is also vital to keep a diary of conversations that detail who you spoke to, what was said, when it happened and what the result was. If an incident is repeated, such as recurrent unexplained bruising, keep this documented as well.
It is helpful to know what to look for if you suspect medical negligence.
Environment
Patients who have been left for long periods of time in one position can develop painful pressure sores that can cause distress. In care homes, carers should not leave patients lying or sitting in one position for an extended period of time, otherwise this can class as neglect.
Changes in behaviour
If your loved one seems withdrawn or frightened, this could indicate neglect abuse. Nursing care should include conversation and activities to keep residents happy and engaged.
Inadequate risk assessments
If you see bruising or cuts that have not been explained to you, this can be a sign of care home neglect due to trips or falls. Nursing homes should assess for hazards to keep residents safe at all times. Look for bruises on the arms or legs, as these can come from an accidental trip, slip or fall.
Clinical negligence
A medical negligence claim can be made if the care home has failed to help them with any injuries they may have sustained due to their negligence. It can also be made if your loved one has been given incorrect medication, medication at the wrong dosage or has timed medications being missed.
Equipment
To provide appropriate nursing care, you need lifting and mobility aids to help residents. Failing to provide these, or using incorrect sizes of slings, is a form of negligence. If someone is at risk of falls, check they have an alarm or pressure mat that can alert staff to unassisted movement.
How do I report care home abuse or negligence?
Your first step if you suspect any kind of negligence is the speak to the manager of the care home. Most managers will want to discuss the issue and see if they can resolve the problem informally. If they are not willing to hear you out, write to them.
Write either a letter or email that clearly explains your complaint. Include why you are making a complaint, dates and times that you were unhappy with the standard of care, the names of any staff involved and how you want to resolve the complaint.
If you still cannot resolve the situation, your next step will depend on whether a council is paying for the care or if the resident is self-funded.
Local authority funding
If the council pays for your care, you can complain directly to your local council. It is worth noting that if they have placed you or your loved one in a care home, you may also be able to claim compensation from them too.
Should your council fail to resolve the issue, you can go to the Local Government and Social Care Ombudsman.
Self-funded
If you are self-funded, you can go directly to the Local Government and Social Care Ombudsman. If you decide to make a negligence claim, you may also be able to claim for breach of contract with the nursing home.
If you would like expert assistance when making a claim, you can get in touch with one of our negligence solicitors today.
How long do I have to report negligence in a care home?
As a general rule, you have 3 years from the date of negligence or injury being known to report it. There are exceptions to this, which is why it is best to seek legal advice as soon as possible.
A medical negligence solicitor will be able to advise you on how to take your complaint further and possibly highlight pathways that you have not yet considered.
When should I seek legal advice when making a negligence claim?
As soon as you suspect nursing home negligence, you should seek legal advice from an expert lawyer. A solicitor will be able to advise on the types of evidence you should be looking for and how to gather it in order to strengthen your case.
It is best to speak to a legal advisor before you make a care home negligence compensation claim. This is the best way to make sure your case is airtight, giving you a higher chance of success in court. While compensation cannot undo the harm caused to you or a loved one, it can help to recover losses and see those accountable held responsible.
Can I make a nursing home negligence claim on behalf of a loved one?
If the person experiencing care home neglect is deemed as having appropriate mental capacity, they will have to make the complaint. This can be daunting, but a legal advisor can help navigate the process.
If your loved one does not have the mental capacity, then you can make a claim on their behalf. For example, if the resident is diagnosed with dementia, and cannot make decisions about their care or their finances, then you can claim on their behalf.
How Wake Smith can help
Wake Smith has a strong team of medical negligence solicitors. Their wealth of knowledge can help guide you through the entire process, making sure no stone is left unturned. Get in touch with our team today if you suspect nursing negligence to yourself or a loved one.
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How to identify nursing home neglect and when to report it
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