Care home negligence claims: how to get started
A son and daughter thought their elderly mother would be safe in a care home, but, sadly, they were wrong. Staff negligence led to a fall and a fractured leg. Attwaters helped the family take legal action against the home and secure damages of £25,000.
If you or a loved one has suffered an injury or illness as a result of negligence at a nursing or care home, then you too could claim for compensation. This might feel daunting, but you’re not alone. The specialist team at Attwaters will support you every step of the way, providing trusted advice.
Proving care failings resulted in harm
Falls are just one example of how care home residents can come to harm due to negligence. The impact, however, is not always physical, so it’s important to watch for other signs.
Recognising that a loved one has been harmed is not enough; the claim must be backed up with accurate evidence. Medical records, care plans, photos and incident reports can all help to demonstrate when professional standards have not been met. Establishing causation is vital: there must be proof that the care provided was negligent, and fell below professional standards, and that the negligence directly caused harm either physically or psychologically.
If your loved one is unable to act for themselves due to lack of mental capacity, you can make a claim on their behalf. Claims normally need to start within three years of an incident or a death, but the time limit might be longer or shorter if someone lacks mental capacity.
Simplify the claims process with expert legal support
Nursing and care home negligence cases can be complex and distressing. Engaging a solicitor can help both practically and emotionally. Attwaters experts can assist with:
- Establishing causation and collecting evidence
- Requesting and taking witness statements
- Sourcing independent opinion from medical experts
- Negotiating with the care home and their representatives
- Securing interim payments and agreeing a fair settlement
- Providing legal representation at a court hearing, such as an inquest.
Attwaters handles most care home negligence cases on a ‘no win, no fee’ basis, which means you or your loved one won’t be out of pocket if the claim is not successful. If you would like to discuss how to get started, contact us today for a free consultation on enquiries@attwaters.co.uk or 0330 221 8855.
