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I Was Harmed By A Negligent Nursing Home, How Do I Report My Injuries?

In this online guide, we are going to look at the process of making a compensation claim against a nursing home, and how to report a negligent nursing home prior to the claim. Making a complaint is a precursor to using the services of a personal injury solicitor to process a personal injury claim on your behalf. An important part of the end-to-end process.

You might have questions about the information in this guide, or have unique questions based on your own situation. If so, you can always give our claims team a quick call, any time of the day or night, 7 days a week on 0800 073 8804. They will give you the answers that you need.

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A Guide To Reporting A Negligent Nursing Home

Negligent nursing home

Negligent nursing home

This online guide is aimed at providing you with all of the basic information you need to be able to approach your own claim from a position of understanding. We will explain what negligent care in nursing homes is, and show why you may be able to make a claim if you or a loved one becomes the victim of it. We start this guide with a general overview of what nursing home negligence is.

The main part of this guide looks at the why and how of making complaints against a care home for negligence. We cover the kinds of incidents that a claim can be made about, and who could report them. We then cover how to make a complaint, and where to make it. You will also find information about who regulates care homes in the UK and care home regulations. We tie this part of the guide up with a section that looks at whether a nursing home can refuse care.

The last part of this guide relates to some specific financial aspects of the claim. We begin by presenting an example table that can be used to give a rough estimate of the level of compensation your claim might be worth. We support this table with a list of some of the more commonly awarded types of damages you might receive if your claim is a success. Lastly, you will learn what a No Win No Fee claim is, how they work, and what the major benefits of using such a legal service are.

If you have questions that this guide does not address, you can give our claims team a call and an expert advisor will help you. They can also explain how we can organise a solicitor to process your claim for you.

What Is Nursing Home Neglect?

Later in this guide, we will take a look at what constitutes neglect in a nursing home. In this section, we will give an overview of care home negligence claims, and why somebody might need to make one.

Every nursing home has to comply with a large number of regulations (more on this below). Many of these regulations relate to how residents should be treated, the health and safety obligations of the home, and how staff should be trained. Compliance with these regulations is mandatory. Failure to meet legislative obligations could result in the home losing its operating licence.

When some kind of failure in these compliance requirements results in a resident coming to harm in any way, then it could be construed that negligence has taken place on the part of the home operator.

In such cases, if negligence can be proven, then a solicitor might be able to help the injured party or their representative (litigation friend) to make a successful compensation claim. If you would like to find out whether your own situation could leave you in a position to make a claim, please speak to our claims team today.

What Constitutes Neglect In A Nursing Home?

When it comes to defining nursing home negligence, the first thing many people think about is how bad nursing practices can cause harm to a resident. However, there are many more forms of negligence that can take place at a care home that isn’t clinical in nature. For example, poor care could result in injuries such as:

  • A bed rail injury.
  • A bedsore or pressure sore.
  • A skull fracture or concussion.
  • An infection.
  • A break of a bone after a slip, trip or fall accident.

These are all examples of physical harm a resident might suffer due to negligent nursing care. We can help victims of such injuries to make a claim, call our claims team to learn how.

What Could Nursing Home Residents Complain About?

Under the Care Act 2014, every care home resident or their representative has the right to make a complaint about the way they have been treated. This includes:

  • You requested an assessment of your needs and were turned down due to inappropriate reasons.
  • Delays in dealing with your case have been excessive.
  • Your wellbeing and your dignity have not been protected.
  • Your care does not meet all of your needs.
  • You have been wrongly informed that you do not qualify for care and support.
  • The allocated expenditure for your care is not enough to provide for your needs.
  • The care service you receive is not adequate or is unsatisfactory in some way.
  • The local organisation responsible for administering the care home (such as the local council) have not met all of their legislative obligations.
  • You were never told what your rights are, or what options for care were available to you.
  • You did not receive a continuing healthcare assessment from the National Health Service (NHS) when you should have.
  • You were never informed about the different ways to pay for your care.
  • You have wrongly been charged a top-up fee.
  • The level of care has been reduced and your care needs are no longer fulfilled.
  • You have been discriminated against or your human rights have not been valued.

As you can see, there are many more shapes of negligence in a care home can take above and beyond clinical negligence. If you feel you qualify to make a claim due to any of these reasons, please contact our claims team for more advice.

Who Could Report A Negligent Nursing Home?

Before we answer questions such as where do I report care home abuse? We need to discuss just who is able to make a complaint. There are a number of different legal entities that might make a complaint, such as:

  • A person that is receiving care in a nursing home.
  • A representative that has been given permission by the affected resident to make a complaint.
  • A person that may be affected by the actions of the local authority.
  • The partner or person caring for another person.
  • A complaint can be made by anybody on behalf of a victim without their permission, if they are acting within the remit of the Mental Capacity Act 2005.

If you are not sure whether you are in a position to make a claim about negligence care, please call our claims team to find out.

How Do I Report Neglect In A Nursing Home?

How do I report a nursing home to the state? There is a well-defined procedure that must be followed when a complaint is made to the local authority. And this is:

  1. Try and solve the problem through negotiation with the local authority. If you cannot reach an amicable resolution, move on to step two.
  2. You can move on to make a proper, formal complaint to the local authority. Be sure to follow the procedure for making a complaint that your local authority operates. If this complaint fails, move on to step 3.
  3. You can take your complaint further, to the Social Care Ombudsman or the Local Government. You can also consider taking legal action at this stage.

This is the three-step process for making a complaint and proceeding through the stages to a situation where a compensation claim might be possible. Speak to one of our claim advisors to learn more about this.

How Do I Report Neglect In A Self-Funded Nursing Home?

If you are a resident in a care home that you pay for yourself, the above process is a little different in this case. It would look like this:

  1. Try to resolve the problem by making an informal complaint to the care home operator, and try to reach an acceptable resolution. If this fails, move on to step 2.
  2. Make a complaint to the Social Care Ombudsman or the Local Government. You can also consider taking legal action at this stage.

As you can see, the local authority is not involved in the complaint procedure when a resident in a self-funded care home makes a complaint. If you are in any confusion over who to make a complaint against, ask our claims team.

Where Do I Report A Care Home To?

Part of the answer to the question, how do I report neglect in a nursing home? is that at different stages of the complaint process you will need to report the complaint to specific entities, and these are:

  • The operator of the care home or their representative (manager, supervisor, etc.)
  • Your local authority (if the care home operator did not resolve your complaint in a satisfactory manner, and you are resident in a state-funded home).
  • The local Social Care Ombudsman or Local Government (if you are a resident in a self-funded home, or as a resident in a state-funded home the local authority did not resolve your complaint in a satisfactory manner).
  • The Care Quality Commission (as a last resort).

If you want some advice on who to make a complaint to, please speak to a member of our claims team.

Local Authorities Safeguarding Duties

When the local authority receives a complaint about a care home, they must investigate with certain objectives in mind, and these are:

  • Find out all the facts.
  • Work out what the resident wants resolving.
  • Look at how these wants could be met.
  • Make sure the resident is protected from negligence and abuse.
  • Decide whether any follow-up action is appropriate.
  • Try to reach a resolution that suits all parties involved, but protects the rights of the resident.

If you believe that your local authority has not disbursed its responsibilities properly, you may be in a position to make a claim. Our team can tell you more about this.

What If The Nursing Home Resident Refused Care?

A resident of a care home has the right to refuse certain aspects of the care that they are provided. In this case, a care home would likely reply to any complaint about this aspect of the care service, that the service is below standard because of this refusal.

But the care home has to keep a written record of when a resident has refused care, what kind of care they refused, and why. If there is no written record, then the defence of saying that this is the reason the service was sub-standard would not be valid.

Nursing Home Negligence Compensation Table

You may be able to find some kind of personal injury claims calculator to get a rough idea of the level of damages you might be able to claim. Alternatively, you can use the table below to look up the kind of injury suffered and see the possible compensation range it might result in. This table was created using the Judicial College Guidelines, a document used by solicitors to value claims.

InjurySeverityNotesCompensation
AnkleModestUnder this category would be minor ankle injuries, that could include less serious sprains, strains and other soft-tissue injuries. Also cuts, lacerations, burns, etc. The level of compensation would depend on whether there are any ongoing issues with the ankle. Such as a change in gait, problems with balance, or instability when walking across uneven ground.Up to £12,900
FootModestUnder this category would be minor foot injuries, these could include cuts, abrasion, lacerations, etc. Also, minor soft-tissue damage such as torn ligaments. Continuing issues such as a lip, or chronic pain could affect the level of compensation.Up to £12,900
Jaw fractureSimpleUnder this category would be minor jaw fractures, this would generally mean simple or hairline fractures, but less serious compound fractures that heal quickly might also fall into this category.£6,060 to £8,200
NeckMinorUnder this category would be minor foot injuries, that may include damage to the skin and tissue (burns, scrapes, lacerations, etc.) and also sprains, strains and other soft-tissue injuries. Full recovery would occur after a relatively short period of time.Up to £7,410
BackMinorUnder this category would be minor back injuries, excluding damage to the vertebrae or spine, but all other soft-tissue damage as well as cuts, puncture wounds and lacerations, etc. Recovery would be quite rapid with no onion symptoms.Up to £11,730
Injured headMinorUnder this category would be minor head injuries that do not result in any brain damage. So, this would be damage to the scalp such as burns or cuts, and also minor skull fractures as well as conditions such as concussion.£2,070 to £11,980
Pelvis and hipsLesserUnder this category would be pelvic head injuries that would leave the victim with no permanent impairment, but may take up to two years to heal fully.Up to £11,820

For a more accurate evaluation of the level of compensation you might receive, we can arrange for a solicitor to do this for you. Call our claims team to have them organise this for you.

Special Damages You May Claim

If your personal injury lawyer is successful in processing your claim, the overall settlement you are offered out of court or awarded in court will be made up of a number of different kinds of damages based on the circumstances of your claim.

General damages is a catch-all term for all of the kinds of damages that are related to physical harm. The compensation awarded for general damages is driven by several factors, such as the level of pain and suffering the victim went through, the kinds of treatment they had, and also whether there will be any long-term health problems. General damages might include:

  • Permanent or long-term disabilities, that will have a negative effect on the life of the victim.
  • Psychological damage such as depression or anxiety.
  • Being subjected to traumatic treatment.
  • General pain and suffering.
  • Metal shock or trauma.

Special damages are the other side of the coin. They are paid to claimants to compensate them for financial and other losses. In the case of expenses that have already been incurred, the claimant will have to provide bills, invoices, receipts and the like to prove this spending. Typical examples of special damages could include:

  • To compensate for a reduction in future earnings.
  • To claim back lost income.
  • For the cost of private medical treatment.
  • To cover the cost of care at home.
  • To claim back out of pocket expenses.

These are some of the more common kinds of damages, but there are more. If you would like to talk over your claim and find out what kinds of damages you might be able to claim for, please speak to one of our advisors.

No Win No Fee Claims Against Negligent Nursing Homes

A No Win No Fee lawyer can help you to make a compensation claim in a way that will minimise your exposure to financial risk. This is because you don’t have to pay the lawyer’s fees until the claim has been won.

There is no charge to start working on the claim or while it is being processed. You also don’t pay your solicitor a fee if the claim fails. If the claim is won though, the solicitor will ask you to play a small, legally capped fee, known as a success fee.

Why Choose Us To Claim Against A Nursing Home?

Our team of solicitors has a long, successful track record of helping claimants to reach a successful result when making personal injury claims. If you have a valid claim, they could be able to do the same for you, and ensure that you get the maximum level of compensation possible. Call our claims team and speak to an advisor for more information about the many ways we can help you.

Start Your Claim

If you believe you have been the victim of care home negligence, either clinical negligence or some other failure on the part of the home operator, we can help you. You can contact our claims team on 0800 073 8804 to learn how to proceed.

References

These internal links lead to other related guides:

Care Home Negligence Claims

Claiming For A Death At A Care Home

How To Claim If You Are The Victim Of A Pharmaceutical Error In A Care Home

These external links all have relevant information:

Care Home Health And Safety

Keeping Care Home Residents Safe

How To Complain About A Care Provider

 

Guide by Wheeler

Edited by Billing

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