When can I make a Nursing Home Accident Claim?
Whilst most nursing homes take great care in helping the people who live there live out their later years in peace, carers are human and make mistakes. Yet Panorama-style programs have exposed some of the dangers, abuse and complete lack of care for health and safety in some of these establishments. In these rare cases, carers will neglect to inspect or check certain aspects of their provided care, which may lead to nursing home accidents. Making matters worse, accidents that leave many of us unharmed can be particularly damaging to the elderly or infirm. Failure to prevent avoidable incidents which cause complications to residents may be grounds for a successful personal injury claim. As a result, nursing homes and residential homes must make adherence to health and safety a matter of priority.
If a loved one or relative is injured, not only may frustration and sadness result, but there will also be worries about these kind of nursing home accidents, no matter how minor, happening again. You are eligible to make a negligence claim against a care home where injuries occur as a result of negligence on behalf of the nursing home staff or management.
What kind of Care Home Accidents can occur?
Here at Asons Solicitors we’ve seen a variety of nursing home accidents. These can range in severity from the mild psychological trauma caused by slips or trips, to broken bones and fractures caused by falls and even, in some cases, death. There have also been cases of pressure sores developing where residents were not assisted in moving around to maintain blood circulation. Many of these accidents could have been prevented if legal guidelines were adhered to.
As we get older our natural resilience to injury is reduced, so falls can cause open wounds, broken bones and bleeding which may be made worse if the victim falls against a solid object or down stairs. Without the quick coordination required to brace against impact or prevent a fall, the injuries sustained can be quite severe. Another aspect to consider is that the recovery from such injuries is much longer than it would be for a younger individual, making failure to provide adequate care much more significant. Life can be both difficult and miserable for an elderly person who sustains an injury, as the pain and resulting symptoms are likely to last longer and may exacerbate existing conditions.
Elderly care homes and nursing homes have a legal duty of care to their residents to ensure the safest standards of home living. With this being so, where care home neglect leads to injury, they are liable to pay for claims made against them. In instances like this, it pays to seek the aid of a personal injury solicitor as quickly as possible so that they can begin to collate the evidence.
When Can I Make A Care Home Negligence Compensation Claim?
Your relatives and loved ones should be able to live out the rest of their lives without fear of injury; particularly when placed in nursing home care. Unfortunately, care home abuse and malpractice is common and as a result, injuries and care home accidents can be a frequent occurrence.
In 2007, a vulnerable 92-year-old resident died after falling 4 metres from a first floor window in a Worcestershire Care Home. It was later found that the window was capable of opening fully when there should in fact have been restrictors in place, limiting its opening to just 10cm, a problem caused by inadequate nursing home care plans. In an incident the following year, an 88-year-old resident in a Portsmouth retirement home died of head injuries resulting from a fall, as she tried to stand up from her chair in a communal area. Once again, this is an example of negligent elderly nursing home care, as the injuries could have been prevented had she been properly monitored.
In these instances, a thorough risk assessment should have highlighted window restrictors and increased supervision as required measures to ensure the continued safety of residents in their care. Elderly residents may often have mentally debilitating illnesses such as dementia which make them unable to properly take care of themselves as younger people can. This care home negligence instead led to deaths that could quite easily have been prevented.
At the very least, it is likely that a care home accident will have resulted in significant pain, distress and inconvenience for your relative or loved one. In more serious cases, injuries can have lasting consequences and may even degrade their remaining quality of life. In situations like these, it is vital that you appoint an expert Personal Injury Solicitor as quickly as possible. A successful Nursing Home Claim can help to pay for expert medical care for your relative, so that they can return to better health as quickly as possible.
Our Care Home Negligence Claims Experience
Asons’ team of experienced care home negligence solicitors can collate all of the required evidence and documentation to substantiate your case. We will manage the entire process whilst providing expert support and advice throughout, which goes beyond the bounds of legal advice.
We’ve dealt with a variety of care home accident compensation claims, so we understand how difficult and distressing it can be. After putting your faith and trust in their ability to care for your loved ones; you have every right to file a Negligence Claim against them if they have failed in their duty to protect them.
We can arrange for your relative to see a specialist to determine the best course of treatment, whilst detailing the true extent of their injuries for our records. We can then begin building your claim for Nursing Home Accident Compensation.
After consulting with us, you should also notify the residential home to ensure new safeguards and measures have been put into place to prevent such accidents from reoccurring. Understandably though, in these instances it is fairly common for families to move their relatives into new homes.
Where else can I find help and advice?
The Health & Safety Executive (HSE) provides plenty of helpful information on legal care standards and news regarding care homes. It also provides brochures and printed material for use around Care Homes and for reference.
Other sources that may be useful include:
We pride ourselves on our provision of first-class legal advice and support. Our team of specialist care home negligence solicitors have a wealth of expertise, and knowledge, that you will be hard-pressed to find elsewhere. For free, expert advice on pursuing a nursing home negligence claim, speak to us today.