Negligent Care of the Elderly Claims
With our aging population, more and more people will become resident in either a private or public care home as families are unable to care for their older relatives on a full time basis.
We appreciate at Moore Blatch Resolve that either your relative’s or your own experience in a care home can change your life and we can assist you by providing you with legal assistance to help you obtain compensation for the negligence of your healthcare professionals.
Compensation can provide a lifeline for you following such a traumatic event in your life and enable you to maintain your independence and protect your rights as an elderly person.
How can you recognise negligence in a care home?
People are resident in care homes because they are unable to live independently and require supervision or 24 hour support from healthcare professionals. The professionals are entrusted with the care of our elderly relatives however due to a variety of inexcusable reasons negligence does occur in some care homes as a result of poor training, lack of supervision and many other reasons.
Because elderly people who reside in care homes are vulnerable they will often be threatened not to say anything to anyone about the abuse and it is therefore essential to look out for negligence which may be shown by symptoms such as:
• Sudden behavioral change;
• Cuts, bruises, welts, signs of restraint;
• Bed sores;
• Apparent lack of hygiene care;
• Weight loss;
• Reluctance to allow visiting alone with the patient;
• Anything which makes you uncomfortable when you visit could be a sign of neglect.
We appreciate at Moore Blatch Resolve the extreme difficulties faced by people who have suffered as a result of negligence in a care home. If you have experienced the situations we have outlined above, it will affect how you manage your day-to-day life and will affect your ability to work and your lifestyle.
Medical care and rehabilitation
Where an elderly person suffers as a result of abuse or neglect in a care home this can result in urgent physical and psychological medical care being necessary. Elderly people who have taken the step to move into a care home usually do so because of their vulnerability therefore any negligence in a care home will result in some sort of medical care and rehabilitation.
Long-term support and care
The effects of a negative experience in a care home can have a devastating effect on a person and long term support and care will often be necessary. Psychological disorders can remain long term as a result of a negative experience in a care home.
Our aim at Moore Blatch Resolve is to assist you as much as possible to enable you to live as independently as possible. We have a wide range of contacts with organisations that can assist you and can work closely with you. These include:
• Case managers who will assess and organise any support and care you may need;
• Support workers who will visit you on a regular basis to provide you support and help;
• Community rehabilitation such as occupational therapy.
Our aim at Moore Blatch Resolve is not only to recover for you the best settlement in relation to your litigation but to enable you to enjoy an independent and fulfilling lifestyle.
When should I contact a solicitor?
You or your family should contact a solicitor as soon as possible. The sooner we can commence work on your claim the sooner we can begin to assist you.
We can advise you on your benefit rights and also advise on dealing with debts which might arise due to being off work.
Can I claim compensation for my relatives’ negative experience in a care home?
If your relative has experienced negligence in a care home it is vital that they receive the medical care and support that they require to help them overcome the experience as it can be very traumatic. Your relative may be able to claim compensation to help fund private medical care they may require following any incidents.
The Moore Blatch Resolve Clinical Negligence team may be able to help you or your relative with a claim for compensation where you or your relative have suffered either a physical or psychological injury as a result of negligence in a care home.
Negligence can occur in a variety of forms including, but not limited to:
• Deprivation of food, water, clothing;
• Psychological abuse which includes humiliation, verbal assaults, isolation and threats;
• Drug abuse including the unauthorised use of sedatives, overdose, failing to provide prescribed medication;
• Physical abuse including failure to change bedding resulting in pressure sores and even restraining, kicking, hitting and burning patients;
• Sexual abuse.
It is very important to contact an experienced solicitor to receive legal advice. We can guide you through the initial process and provide you with the best advice as to whether or not you have a claim. You may not consider that you have a claim but we may well be able to assist you. We also receive numerous enquires from clients who wish to transfer their files to us if they are not satisfied with the progress that their current solicitors are making.
Funding
We will offer you a first free interview. At this initial consultation we will advise you whether or not your claim is worth pursuing. If you do decide to proceed with your claim we will advise you as to the best methods of funding the legal costs of your case. Legal Aid is available for clinical negligence claims and we will assess your eligibility at the outset. If you do not qualify for Legal Aid the options are as follows:
• Legal Expense Insurance: We will check whether you have a policy of insurance which covers your legal costs;
• A Conditional Fee Agreement commonly known as a no-win-no-fee agreement. Under this particular scheme you receive 100% of your damages and no deductions will be made from these. Our fees are recoverable from the defendant at the successful conclusion of your case. If you are not successful in recovering damages you will be protected by after the event insurance policy to protect your position financially. Therefore even if you are not successful you will not owe anyone anything.
• Trade union legal assistance. You may have cover if you are a member of a trade union, we can investigate this for you.
How much compensation will I receive?
If your claim is successful you will be awarded compensation. The aim of the compensation is to put you in the same financial position which you would have been if the negligence had not occurred.
Compensation is listed under various categories:
• Damages for pain suffering and loss of amenity. These are often called general damages and are awarded to compensate you for actual injury you sustained. The amount of compensation you will receive depends upon the nature and extent of your injuries, the effect it has on your daily life for example taking part in recreational activities such as sports and hobbies;
• Damages for financial losses to the date of settlement of your claim. These will include loss of earnings (loss of tax and national insurance);
• Private medical or therapeutic expenses;
• The costs of any aids and equipment which you have purchased;
• Travelling expenses incurred by you or your family;
• The value of the care which is provided to you by your family, partner or friends;
• The cost of any professional care which is being provided.
Damages for future loss and expenses
Many people who have a claim for failure to refer will suffer long term losses and expenses as a direct result of the negligence. Calculation of the losses involved can complicated however compensation will take into account some or all of the following:
• Future loss of earnings including the loss of any promotion prospects;
• Loss of pension rights;
• The cost of providing personal care support;
• The cost of a case manager;
• The cost of physiotherapy and any other specialist therapeutic services;
• The cost of special accommodation which may be required;
• The cost of any special aids or equipment including annual maintenance and replacement costs;
• Extra transport costs;
• The cost of managing your financial affairs.
It is our aim in cases to obtain for you interim payments on account of damages these will assist you in the day-to-day management of your life while your claim is being settled.
Damages for medical negligence resulting in death
If the medical negligence of a healthcare professional results in the death of the patient a claim can be made for damages for some or all of the following:
• Pain, injury and suffering of the deceased from the date of the incident to death;
• Funeral expenses;
• Loss of earnings from the date of the incident to death;
• Bereavement damages where there is a wife or husband of the deceased or in the case of a deceased child under the age of 18.
A claim for dependency can also be made for those who were dependant (i.e. relied upon) for example, the deceased’s income from work, a pension or the deceased’s services. In all cases it is necessary to prove that there was a reasonable expectation of financial benefit from the deceased.
Dependants are classed as the following:
i. Husband or wife or former husband or wife of the deceased.
ii. A civil partner or former civil partner of the deceased.
iii. A person who was living with the deceased as husband or wife for at least 2 years prior to the death.
iv. A person who was treated by the deceased as his or her parent.
v. A child or dependant of the deceased.
vi. A person who, in the case of marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage.
vii. A person who is the brother, sister, niece, nephew or cousin of the deceased.
Financial affairs
For many people who have suffered as a result of medical negligence, managing their own affairs is difficult. We can refer you to those able to provide specialist investment advice to help you if you are having difficulty managing your finances. If the Court of Protection is involved our Court of Protection team will liaise closely with them to ensure that public funds are made available as quickly as possible to replace your lost income and to pay for special needs and care support.
Time limits
There are strict time limits for pursuing claims of compensation. If proceedings in respect of the claim are not started within three years from the date of the injury the court may decide that your claim is out of time. However whilst the period of time limit is strictly enforced by the courts there are certain circumstances in which it is possible to bring your claim outside the three-year time period.
Please contact us at the earliest opportunity and we can discuss this with you.
Will I need to attend court?
The vast majority of cases are negotiated and settled before they go to court however some may ultimately go to a trial. However you can rest assured you are in safe hands. We are very experienced at Moore Blatch Resolve in dealing with medical negligence claims and we will guide you through the process.
Contact us on 0800 158 5258: If you believe that you or someone you know has suffered as a result of medical negligence please do not hesitate to contact us, we deal with clients throughout the country and we will visit you at your home, hospital or rehabilitation unit.