A dementia or Alzheimer’s diagnosis can be extremely challenging to live with, particularly as the condition progresses. Those affected often require varying levels of support depending on the severity of their cognitive, sensory, or physical impairments. As a result, many families place their trust in professional care services, expecting a safe environment and an appropriate standard of care to be provided.
Unfortunately, this standard is not always met. Poorly managed dementia care can lead not only to a deterioration in cognitive health, but also to serious and avoidable harm. This may include injuries caused by inadequate supervision, preventable accidents such as falls or wandering incidents, or harm resulting from a failure to properly assess and manage known risks.
If you or a loved one has been affected in this way, you may be able to claim compensation for dementia or Alzheimer’s negligence in a care home.
4.8 (466 reviews) A person who suffers from dementia/Alzheimer’s deserves to be given the care they need. A successful compensation claim could help you pay for a different care home that meets the necessary care standards. You could also recover the cost of specialist equipment that can make it easier to live with a cognitive disorder.
No one should have to worry about poor treatment in a care home, so find out more about your legal rights by contacting one of our advisors. They understand that this can be an emotionally challenging subject, so you can trust that your enquiry will be treated with respect. They may give you the chance to work with one of our expert care home negligence solicitors. You could find yourself one step closer towards getting compensation without the need to pay upfront or ongoing fees for your solicitor’s work.
Claiming For Dementia And Alzheimer’s Negligence In A Care Home
If you or a loved one experienced a worsening of dementia or Alzheimer’s due to neglect in a care home, or suffered an injury because the condition was poorly managed, you may be able to start a compensation claim.
Negligent dementia care not only leads to deterioration in a resident’s health, but it can also result in serious accidents and avoidable injuries where a person is not properly supervised, assessed, or supported.
In general, eligibility for a dementia or Alzheimer’s negligence claim can be broken down into the following criteria:
A Care Home Owed A Duty Of Care
Care homes and carers automatically owed a duty of care to residents. This means that a minimum standard of care must be given by care assistants, nurses and anyone providing care in a care home.
The Duty Was Not Fulfilled
Those in charge of caring for you or your loved one must have failed to meet their responsibilities. For example, they may have failed to adequately supervise residents, given them the wrong medication or left dementia patients in bed all day.
This Caused Avoidable Harm
In order to claim compensation, the resident of the care home must have been unnecessarily harmed as a result of the negligent care. For instance, vulnerable adults suffering from dementia or Alzheimer’s may suffer physical injuries due to handling sharp objects or experience emotional harm when left by themselves all day (emotional neglect).
Don’t be worried if you’re not sure about the criteria, as our advisors are available to assess the validity of your claim for dementia and Alzheimer’s negligence in a care home. You may even find yourself connected to one of our experienced care home negligence solicitors.
Who Can Claim Compensation On Behalf Of Someone With Dementia Or Alzheimer’s?
The person who has suffered from care home neglect or, if they cannot make a decision for a claim themselves, a loved one may claim on their behalf. When another person handles the claim, they are referred to as a litigation friend. This role will require them to communicate with the affected party and try to get an idea of their wishes for the claim (where possible).
Whether you are seeking to claim for yourself or a loved one, it can be difficult to proceed without expert guidance. Enquire today to find out how one of our solicitors could help you claim for emotional abuse and medical neglect in a care home.
What Are Some Examples Of Alzheimer’s Or Dementia Negligence In A Care Home?
Examples of dementia and Alzheimer’s negligence in a care home include a carer failing to supervise a resident, refusing to help them with everyday tasks and giving them the wrong medication. See below for more specific details of such negligence claims:
- When a carer consistently provides the wrong medication to a resident with dementia for a month. Over this period, they become less emotionally stable as they do not have the right medication address the mental health problems associated with dementia. This also causes them develop severe anxiety.
- A resident with severe Alzheimer’s disease goes unsupervised for several hours and leaves the care home on their own. They are extremely confused and fall over on the ground. The fall dislocates their hip.
- Carers leave a resident on their own, meaning that they spend most of their time in bed and are isolated from others. This worsens their cognitive symptoms of dementia, and they become depressed. They also develop pressure sores from poor hygiene, not moving around enough.
Dementia and Alzheimer’s can make life extremely challenging, especially when those in charge of care do not take the appropriate measures to look after you. If your experience differs from our examples, don’t worry. There are many other valid examples, so speak with an advisor today for direct advice.
Dementia And Alzheimer’s Negligence Compensation Amounts
Compensation for dementia and Alzheimer’s negligence can cover the various physical, financial and emotional effects that a person has experienced. In all successful compensation claims of this nature, general damages will be given. This is a part of the compensation payout that covers the suffering and pain a person has experienced due to negligent care.
General damages can also cover the ways in which a care home resident has experienced changes in their relationships with others. Worsening dementia and Alzheimer’s symptoms can make it a lot more difficult to connect with partners, family members and friends.
The assessment of general damages can be done using figures from the Judicial College Guidelines (JCG). If you have not heard of the JCG before, it is a text that outlines compensation guideline brackets for various types and severities of injury.
In the table below, you can read some of these figures. However, it is worth noting that these have not been included as a guarantee of the compensation that could be owed to you. Each payout is uniquely calculated to cover a person’s experience of negligent care.
However, if you would like a free case assessment, please contact our friendly advisors. By explaining the circumstances you/your loved one has experienced, you can get a better idea of what your compensation would account for.
Please not the 1st row does not use a figure from the JCG.
| Type of Harm | Severity | Compensation Bracket |
|---|---|---|
| Multiple instances of harm and the financial losses associated | Severe | Up to £1,000,000+ |
| Head/brain injury | Very severe | £344,150 to £493,000 |
| Neck | Severe (i) | In the region of £181,020 |
| Arm | Severe | £117,360 to £159,770 |
| Back | Severe (i) | £111,150 to £196,450 |
| Pelvis/hips | Severe (i) | £95,680 to £159,770 |
| Wrist | Injuries resulting in complete loss of function | £58,710 to £73,050 |
| Elbow | A severely disabling injury | £47,810 to £66,920 |
| Shoulder | Severe | £23,430 to £58,610 |
Can Dementia/Alzheimer’s Care Home Negligence Claims Payout For Financial Loss?
Yes, compensation for dementia and Alzheimer’s negligence in a care home can cover the associated financial losses. This falls under another component of compensation called special damages. For instance, you could recover:
- Lost income if you take time off work to look after a loved one one who has received negligent care
- Additional care costs if you have to find another care home
- The costs of specialist equipment- for instance, automatic pill dispensers and personal alarms can help in more severe dementia cases
- The cost of private medical treatment and prescription costs
- Payments for cognitive stimulation therapy and other forms of mental support to help with cognitive symptoms
If you are hoping to add special damages to your claim for inadequate dementia safeguarding, you must be able to prove financial impact. Receipts, bank statements and payslips can help you to do this.
Should you have any queries about claiming for neglect, our advisors can assist you.
What Will Be Needed To Pursue An Alzheimer’s Or Dementia Negligence Claim?
If you are making a dementia or Alzheimer’s negligence claim on behalf of a loved one who was harmed in a care home, you will need to show that the care provided fell below an acceptable standard and that this caused them physical or psychological harm.
Because many people living with dementia are unable to fully understand, explain, or report what has happened to them, evidence is often gathered by family members or representatives. While this can feel overwhelming, there are clear steps you can take to support a potential claim.
Get Medical Help For Your Loved One
Care home negligence can have serious consequences for a person with dementia, including both physical injuries and deterioration in their mental wellbeing. If you believe your loved one has been harmed, it is important to ensure they receive appropriate medical attention as soon as possible.
This may involve arranging an appointment or assessment with a:
- GP
- Hospital or A&E department
- Urgent care centre
- Mental health professional or therapist
Your loved one’s wellbeing should always be the priority. However, seeking medical treatment also creates an official record of their injuries, symptoms, and any decline in their condition. Medical records can play a crucial role if you later pursue a care home negligence claim on their behalf.
Start Gathering Evidence Of Neglect Or Poor Care
When bringing a claim on behalf of someone with dementia, evidence collected by family members, friends, or visitors can be particularly important. Useful evidence may include:
- Contact details of anyone who witnessed poor care or unsafe practices
- Photographs of visible injuries, such as bruises, cuts, or signs of neglect
- Photographs showing unsafe or unsuitable care home conditions, such as poor hygiene, unlocked exits, or hazards left unattended
- CCTV footage, where available, covering communal areas of the care home
- Copies of care plans, risk assessments, or incident reports, if accessible
Because people with dementia may not be able to clearly describe what happened, visual evidence and third-party observations can be especially valuable.
Report The Negligence Or Concerns
If you suspect neglect or substandard care, you can raise concerns directly with the care home’s management. Keep copies of all correspondence, including emails, letters, and written complaints, as these may later support a claim.
You can also report concerns to the Care Quality Commission (CQC), which is responsible for monitoring care home standards in England. Submitting a report helps create an independent record of the issues identified at the care home.
Keep Your Own Detailed Records
Care home negligence claims can take time, so keeping your own written record of events can be extremely helpful. As a loved one or representative, you may wish to note:
- Changes in your loved one’s cognitive, emotional, or physical condition
- Any unexplained injuries or signs of distress
- How often staff appear to check on or supervise residents
- Missed medications, incorrect prescriptions, or changes in treatment
- Dates and details of medical appointments
- Travel expenses, such as fuel or taxi costs for visiting hospitals or GPs
- Additional costs for specialist equipment or support your loved one now needs
These personal records can help build a clearer picture of how the negligence occurred and the impact it has had on your loved one’s life.
Find Out How To Take The Next Steps
When deciding whether to start proceedings with a solicitor, making a legal commitment can seem intimidating. Our advisors offer the following services , free of charge:
- Confirming whether you meet the eligibility criteria in place
- Explaining what the compensation should cover
- Explaining how the claims process works
- Connecting you with one of our specialist solicitors
Check The Time Limit For A Dementia Or Alzheimer’s Negligence Claim
In most cases, there is a 3-year time limit to start a care home negligence claim. This time limit usually runs from either the date the negligent care occurred or the date when the negligence was first identified.
However, where a claim is being made on behalf of a person with dementia or Alzheimer’s, the time limit may work differently. Many people living with dementia lack the mental capacity to manage legal matters themselves, meaning the usual limitation rules may not apply in the same way. In these circumstances, a loved one may be able to bring a claim on their behalf.
Because time limits can vary depending on mental capacity and individual circumstances, it is important to seek advice as early as possible.
If you are considering a claim for care home abuse or neglect on behalf of a loved one, you can speak to an advisor to confirm how much time you have and what evidence may be needed.
What Can Legal Expert Do To Help A Claim For Care Home Alzheimer’s Or Dementia Negligence?
A Legal Expert solicitor can provide you with advice is based on years of training and experience. The claims process can be demanding, so hiring a solicitor you can trust can make make things much simpler for you. Our solicitors can help you by:
- Confirming what evidence you will need and how to find out
- Providing you with key legal definitions and explanations of what you need to do
- Making strong arguments for the maximum compensation to be paid to you
- Assisting you with an application for an interim payment, which is a payment that you could be entitled to before the claim has been settled
No Win No Fee Claims For Dementia And Alzheimer’s Negligence In A Care Home
Our solicitors represent claims for dementia and Alzheimer’s negligence in a care home on a No Win No Fee basis. In order to proceed in this way, you will need to sign a Conditional Fee Agreement (CFA) there is no need to pay for your solicitor’s work:
- Before the case begins
- While the claim is ongoing
- If you are not compensated
On the other hand, if you win compensation, it will be necessary to pay a success fee. This is a percentage of your compensation that you need to give to the solicitor who represented you. This percentage will be agreed between you and your solicitor. There is also a legal cap in place, so you can trust that you will keep most of the compensation for yourself.
Contact Our Solicitors
Don’t hesitate to speak with one of our advisors today to confirm whether you can make a claim for dementia and Alzheimer’s negligence in a care home. There is no obligation to start proceedings as they understand that you may be seeking further information before making any legal commitments. However, should you wish to start a No Win No Fee claim with the representation of one of our specialist care home negligence solicitors, they may connect you.
- Enquire online
- Call us direct on 0800 073 8804
- Use the live chat pop-up in the corner
Learn More
Read some of our other guides below:
- Find out how to claim for falling out of bed in hospital
- Read about pharmacy negligence claims
- Learn about claiming for a hospital infection
External resources:
- Read the fundamental standards of care provided by the Care Quality Commission (CQC)
- Visit the NHS information on Alzheimer’s disease
- Learn about the dementia services available
Thank you for readings our guide on how to make a claim for dementia and Alzheimer’s negligence in a care home.