Claiming for poor care in a hospital or care home

Clinical negligence investigations into the poor care of elderly patients, in hospitals and care homes, are sadly becoming more common.

Contact one of our specialist clinical negligence lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a ‘no win, no fee’ agreement.

When can you make a compensation claim for poor care of someone in hospital or a care home?

Finding that the care given to a parent or loved one is unacceptable or that they have been injured while living in a care home or in hospital is extremely distressing.

Clinical negligence claims regarding care of the elderly arise for many reasons:

• Neglect by staff – the complex care needs of elderly patients together with increasing cuts to front line nursing staff mean that the management and treatment of elderly patients is not always of a high enough standard
• Injuries sustained from falls are common in elderly patients. There are many reasons for this and special care needs to be taken by nursing staff where people are at risk
• Pressure sores can develop quickly and a patient should receive an assessment within six hours of admission to hospital and regular ongoing risk assessments. Even where pressure sores are unavoidable, they should be appropriately treated and dressed to avoid infection
• Elderly patients often have complex prescription needs and it is crucial that medicines are managed safely. This requires staff to be fully trained and have the time needed to administer medicines properly. The Care Quality Commission (CQC) has highlighted this problem in some care homes, resulting in them being shut down.

Can I make a claim on behalf of an elderly loved one?

If the injured person is deemed to lack the mental capacity to conduct the litigation themselves then it may be possible for you to act on their behalf as a ‘litigation friend’, providing the relevant criteria are met. If the injured person does not formally lack mental capacity but they are worried about what is involved in bringing a claim, then it is usually possible for a close friend or relative to assist with the claim, with the appropriate agreements in place.

Can I make a claim on behalf of a loved one who has died?

It is possible to make claim on behalf of a loved one who has died. The spouse, partner, dependents, or family members can, in certain prescribed situations, bring a claim seeking compensation for specific losses, such as financial losses for income or benefits that you no-longer receive, or for care and support around the home that you used to rely upon, provided by the deceased. Certain family members are also able to claim what is called a ‘bereavement award’. It is also possible for the executors, or administrators, of the deceased person’s estate to bring a claim on behalf of the deceased’s estate for damages which includes compensation for the pain and suffering the deceased endured as a result of any negligence. Our team of medical negligence lawyers can guide you through this process.

There is a limitation period for pursuing compensation for injuries arising from clinical negligence. Court proceedings must be issued within three years of the date of the negligence or (if later) three years from the time a person knew, or should have known, that they may have been injured as a result of negligence. Where a person dies within those three years their personal representatives or dependants must issue court proceedings within three years of either the date of death or the date they knew, or (if later) ought to have known, that the person may have been injured as a result of negligence.

What will happen when I make a negligence claim for poor care in a care home or hospital?

After contacting Thomson Snell & Passmore we will arrange a free initial consultation to discuss whether there is a legal claim and what funding options are available. We usually act on a ‘no win no fee’ agreement.

We will undertake a forensic investigation into the management or treatment you or your loved one received, using your account of what happened, and the medical records and radiological imaging. Medical experts (usually senior geriatrician consultants and senior nursing experts) may be involved at an early stage to consider the treatment and management you received, and to advise us on the standards of care that should have been provided, and the outcome that would have been achieved with appropriate treatment. Following this initial investigation we can then advise you on the strength of your case, and give detailed advice on the next steps, which usually starts with preparing a formal letter of allegations to the relevant defendant.

How our clinical negligence solicitors can help with a care home compensation claim

We have one of the longest established and experienced clinical negligence teams in the country. Our medical negligence lawyers have a reputation for winning complex medical negligence cases and we have helped thousands of people claim compensation. The size of our clinical negligence team, and our breadth of our knowledge, means we are likely to have already succeeded in recovering compensation for a care home or hospital negligence claim that is similar in nature to yours.

• Our overriding aim is to protect your interests and achieve the most advantageous outcome for the long term
• We will make sure your case is fully investigated
• We will focus on your individual requirements. Giving a personal service and acting with sensitivity are important to us
• We will create a team of specialist independent medical experts and a barrister with expertise in dealing with cases similar to your case
• We will make things as easy as possible and guide you through each stage of the process
• We can help you find out why the care home or hospital failed you or your loved one and ensure that the same thing does not happen to somebody else.

Our accreditations

Our team has long been recognised and highly ranked by two of the most prestigious, independent guides to the legal profession ‘Chambers UK’ and ‘The Legal 500’.

We are also members of the Association of Personal Injury Lawyers and affiliated to Action against Medical Accidents.

A number of your team members have individual accreditations and recognition in the legal directories which you can view on their profiles.

Free initial consultation

Contact one of our team of specialist clinical negligence lawyers for a free, no obligation consultation. We will listen to the circumstances of your medical treatment and give you clear advice on the chances of your receiving compensation in a clinical negligence claim. If we think you have a claim, we can investigate your case using the financial security of a ‘no win no fee’ agreement.

Call us or fill in our short enquiry form and we will assess your potential claim.

We are highly ranked by two of the most prestigious, independent guides to the legal profession ‘Chambers UK’ and ‘The Legal 500’.