Care Home Neglect

Care Home Neglect Claims

We expect the best possible care for our loved one and sadly this is not always the case. Our lawyers help clients whose family members have suffered medical negligence in a nursing home. Read on for information on the types of accidents we can help with and for more about our expert lawyers.

Contact us

Contact

  • “Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none.”

  • “Her level of detail in dealing with cases is forensic.”

With an ageing population, more and more of us are being looked after in residential care and nursing homes. But according to a report by the Care Quality Commission, the healthcare needs of society’s most vulnerable people are being neglected.

Over 350,000 elderly people are living in 10,000 care homes in England. Each of them will have particular health issues and need access to medical and other support, such as mental health, continence and tissue health, physiotherapy, diet and nutrition services. Approximately 40% of care home residents suffer from dementia, and the average lifespan from admission is only two years.

So this is a challenging environment, and the provision of services between private and state-run care homes and the NHS can be patchy, to say the least.

Care homes owe the same duty as hospitals, hotels, or other institutions that look after residents. But they must do more to meet that duty because of the vulnerability of those they care for and their wide range of needs. If they fail in that duty, serious injury or even death can result.

The following particular issues need to be identified and assessed by all care homes:

Control of Infection

Elderly people in care and nursing homes are particularly vulnerable to infection, which carries a high mortality risk. So the premises, especially the kitchens and bathrooms, must be scrupulously clean. Strict hygiene policies must be in place to deal with food production and infection control. Staff and residents are at risk from waste and blood that is inadequately disposed of, contaminated food and medical equipment, legionella from poorly maintained water and air conditioning systems, and inadequately controlled infection in an individual patient.

Abuse

Sadly there is malpractice in some care homes, and the suspicion is that it is more widespread than is acknowledged. Since the Winterbourne View abuse scandal in 2007, there have been a number of prosecutions and reports of abuse, where those employed to look after vulnerable residents have been guilty of neglect and sometimes physical assaults. If a resident is abused in this way, the care home will usually be liable for the actions of its employees. Evidence is key, and care home records, witness testimony and video and photographic evidence may all play a part in uncovering the malpractice.

Avoidable Accidents

Elderly residents in care and residential homes can be frail and suffering from illness or disease, so it is no surprise that there are accidental injuries from trips, slips, falls, and other incidents. Such incidents are very common among elderly people who are living at home. But there is a distinction between those accidents on the one hand and avoidable injuries on the other.
For instance, an elderly person at home is very likely to check the temperature of the bath water before getting into it at home. If bathing a vulnerable resident or patient is the responsibility of the care home, they should have assessed the risk of burns and scalds and ensured that there are proper safety precautions in place. Namely, thermostatic mixing valves on the taps and care workers trained to test the water before bathing a patient. There have been several reported cases of patients being seriously injured or even killed by being bathed in scalding hot bath water.

Transfers and equipment

Another common situation involving the risk of avoidable injury involves transfers. If a resident or patient cannot transfer independently, for instance, from bed to chair, their needs must be assessed and a proper system put in place. This may be a protocol for two carers to assist or involve using a board or hoist. If the patient is left to their own devices or if the assistance or equipment are inadequate then there is a high risk of injury, which will be caused by a negligent failure on the part of the care home.

Equipment must be properly used, and the care providers must be trained in its safe use. A tragic example of where this can go wrong is the case in September 2012, where an elderly woman was asphyxiated in her bed between her mattress and the incorrectly fitted safety rail. Safety rails are commonplace in care homes to prevent falls, but the staff weren’t properly trained in this case. The care homeowners were prosecuted by the HSE and fined £180,000.

Care Home Claims for Patient Falls

Falls in the elderly can be devastating, causing fractures which can lead to impairment and even death. While medical conditions such as confusion or hypoglycaemia can predispose patients to fall, simple precautionary nursing measures can protect vulnerable people from coming to harm through falling. For example, regular monitoring, moving personal items to be within easy reach and providing nonslip socks.

Hospital Acquired Infections (HAIs)

HAIs are infections that are picked up while in a hospital or in other healthcare settings such as nursing homes. The worst cases can lead directly to death. Straightforward good nursing practice can reduce the risk of HAIs running rampant and causing harm. Basic hand hygiene, good wound care, sterile techniques and proper medical equipment cleaning all contribute to safer patient care.

Medication Errors

Medication errors are a significant problem in the NHS. Around 237 million medication errors occur in the NHS in England every year. Avoidable adverse drug reactions contribute to between 2,000 and 22,000 deaths annually. These errors cost the NHS at least £98.5 million annually, although this could be a gross underestimation. Pharmacists, doctors and other healthcare professionals are all responsible for various medication errors.

Nurses are responsible for the majority of medication administrations in a clinical setting. There are many reasons why a nurse may cause a medication error: similar drug names, poor labelling and distraction when giving out medication.

According to the National Diabetes Inpatient audit, ‘2 in every five people with diabetes on insulin experience an error related to administering the drug while in hospital’.medication errors by nurses can also occur in the community. A study of people who received palliative care at home was published in the Palliative Medicine Journal.1 It was found that of 1072 patient safety reports over a five-year period, 613 were related to medication error. Around two-thirds of these incidents caused harm to patients, and 129 suffered serious harm, which led to either hospital admission or early death.

Nursing Care Home Claims

Like other healthcare professionals, nurses do not go to work to cause harm to the people to whom they are providing care, be it in a birthing suite, a neonatal ward or on the phone to a 999 caller. However, errors do happen, and sometimes these errors cause serious harm or even death. If you think you or a loved one has been the victim of nursing care negligence, you may be entitled to claim compensation. To find out more, please get in contact with Osbornes Law. We have a team of medical law specialists who can advise you if you have a claim and will guide you through the process.

Our Promise to You

  • We will review your potential care home claims by advising you on the NHS complaints procedure or other alternative procedures if your case does not relate to NHS care and treatment.
  • Our care home claims solicitors do not charge a fee for our time reviewing your case.
  • Our care home claims lawyers can assist you with any issues that you may have regarding the complaints procedure or that you encounter in obtaining copies of your medical records.
  • We will advise you of the course of action in respect of your case

Contact our Medical Negligence Solicitors Today

Call us to speak with a lawyer 020 7485 8811

Email us Send us an email and we’ll get back to you






    Client StoriesVIEW ALL

    1. Cancer treatment in a modern medical private clinic
      21.9.2023

      Delayed laryngeal cancer diagnosis

      Actress receives financial award after life-changing missed cancer diagnosis. Jodi Newton acted for a client who was belatedly diagnosed with...

      Read more
    2. Cancer treatment in a modern medical private clinic
      21.9.2023

      Delayed cervical cancer diagnosis claim

      Jodi Newton acted for a woman who died following a delayed cervical cancer diagnosis. The deceased could have been diagnosed...

      Read more
    3. model of a spine
      19.9.2023

      Spinal Fracture Case Settles for 6-figure Sum

      Spinal Fractures following cessation of Denosumab injection Stephanie Prior was instructed in a claim against Mid and South Essex NHS...

      Read more
    4. Beautician hold syringe for young female client
      13.9.2023

      Delayed skin cancer diagnosis

      We are pleased to have successfully settled a client’s claim for a delayed cancer diagnosis – Basal Cell Carcinoma (“BCC”)....

      Read more
    5. Fatal Medical Negligence Claim
      1.8.2023

      Fatal Claim: Failure to Treat Bowel Condition

      Jodi Newton, a Partner in the Clinical Negligence Department at Osbornes Law, has recently settled a long running case against...

      Read more
    6. hospital
      19.6.2023

      Prison Healthcare Negligence

      Nicholas Leahy, a solicitor in the Clinical Negligence Department at Osbornes Law, has  recently successfully settled a long running case...

      Read more
    7. Confidential file
      11.4.2023

      Osbornes Instructed After Local Authority Data Breach

      Osbornes Law has recently negotiated a settlement on behalf of two clients who had their personal information inadvertently released to...

      Read more
    8. baby hand in mothers hand
      7.3.2023

      5-figure settlement for infusion leak to mother

      Elline Demetriou has reached another successful outcome for a Claimant, who pursued a post C-section birth injury to mother claim...

      Read more
    9. water
      9.2.2023

      Perineal Tear case settles for 6-figure sum

      Birth Injury Lawyer, Stephanie Prior recently settled a claim relating to a woman who delivered her baby after a traumatic...

      Read more
    10. dentist
      23.1.2023

      Court avoided after settlement agreed in dental negligence...

      The Medical Negligence team have recently negotiated the settlement of a complex dental negligence case. Our client experienced a number...

      Read more
    11. Doctor With Stethoscope And Files
      13.1.2023

      Delayed diagnosis of appendiceal cancer

      The medical negligence team at Osbornes Law has recently settled a case involving a patient who passed away following a...

      Read more
    12. hands of surgeon
      14.12.2022

      Successful settlement for negligent care during kidney transplant...

      Claimant v Royal Free London NHS Trust Osbornes have reached a settlement agreement on behalf of a Claimant who brought...

      Read more
    13. Modern dental office interior
      10.11.2022

      Successful claim against dental practice after negligent treatment

      Osbornes Law have reached another successful outcome for a client, who pursued a claim against dental practitioners due to medical...

      Read more
    14. pregnant lady making a heart shape
      2.10.2022

      Osbornes Act for Family after Tragic Stillbirth

      Birth Injury lawyer Nicholas Leahy is acting for a young woman who had a water birth at home and two...

      Read more
    15. child with blue paint on hands
      2.9.2022

      Life-changing Injuries during birth

      Claim after mother and baby suffered life-changing injuries during birth Jodi is acting for both mother and baby in a...

      Read more
    16. Medical doctor in empty hospital corridor
      1.8.2022

      Successful settlement for birth injury that led to...

      Stephanie Prior’s case relating to the death of Gabriela Pintilie has been settled and approved by the High Court....

      Read more
    17. Doctor
      6.7.2022

      GP Negligence claim leading to fatality successfully settled

      Osbornes acted for a Claimant who brought proceedings on behalf of the estate of her late son, X, relating to...

      Read more
    18. Neglijenta medicala spital din UK
      23.5.2022

      Justice for client who suffered serious birth injuries

      The birth injury lawyers at Osbornes Law have recently negotiated the settlement of a case in which our client sustained...

      Read more
    19. Female surgeon wearing surgical mask
      14.4.2022

      Severe abdominal pain prolonged due to failed surgery

      Jodi Newton was instructed in a claim against London North West University Healthcare NHS Trust where our client suffered serious...

      Read more
    20. Anatomy of Shoulder
      23.3.2022

      Nerve injury following bowel surgery

      Stephanie Prior was instructed in a claim against Luton & Dunstable University Hospital where our client sustained an injury to...

      Read more
    21. Pregnant Woman and Gynecologist Doctor at Hospit
      2.2.2022

      Child Left with Brain Injuries at Birth

      Osbornes Law specialises in assisting families who have experienced birth injuries. We have represented families who have faced the loss...

      Read more
    22. Female surgeon with medical reports running
      31.1.2022

      Recent fatal medical negligence cases

      Osbornes Law specialises in helping families who have suffered a fatality due to inadequate medical care. Our specialist team is...

      Read more
    23. Cancer treatment in a modern medical private clinic
      31.1.2022

      Melanoma misdiagnosis negligence claim

      Jodi Newton is acting for a client with a melanoma on her foot, which the dermatologist diagnosed as benign. Concerned...

      Read more
    24. Hospital sign NEUROLOGY
      31.1.2022

      Recent Brain Injury Client Stories

      Osbornes Law specialises in helping families who have suffered a brain injury as a result of medical negligence. Our specialist...

      Read more

    VIEW ALL

    • “The team is very quick and efficient in responding."

      CHAMBERS UK 2023

    • "Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."

      CHAMBERS UK 2023

    • ‘They are ambitious for their clients and expect high standards from all who work with them.’

      Legal 500 2023

    • "Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."

      Legal 500 2023

    • "Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."

      Legal 500 2023

    • Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.

      Chambers UK

    • "An excellent firm which achieves fantastic outcomes for clients."

      Legal 500 2021

    • "Stephanie Prior takes on complex cases and gets excellent results. She has a background in medicine which serves her clients well and is a realistic but tough litigator."

      Legal 500 2021

    • "Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."

      Legal 500 2021

    • "Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."

      Legal 500 2021

    • "Stephanie shows sensitivity and deals with things in an understanding way."

      Chambers UK 2021

    • Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.

      Legal 500 2020 - Clinical Negligence

    • The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.

      Legal 500 2020 - Clinical Negligence

    • "Stephanie Prior has a realistic attitude to the complexities of the cases. She wins the trust of her clients and goes the extra mile to ensure they get the best outcomes."

      Legal 500 2020 - Stephanie Prior

    • "Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."

      Chambers UK

    • "Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."

      Chambers UK

    • "An exceptional outfit. They take on difficult cases, fight hard and win."

      Chambers UK

    • "The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."

      Chambers UK

    • Stephanie Prior is always very professional and kind. Highly recommended.

      Medical Negligence Client

    • Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.

      Medical Negligence Client

    Medical Negligence Accreditations

    • Times best law firms 2023
    • scil logo
    • legal 500 leading firm
    • chambers logo

    Medical Negligence News & InsightsVIEW ALL

    1. 19.9.2023

      NHS England Waiting Lists: PM Blames Doctors’ Strike

      NHS England’s waiting list has been growing over the past decade, rising from 3 million in 2014 to 7.7 million in July...

      Read more
    2. 12.9.2023

      Osbornes expands Medical Negligence team with new senior...

      Osbornes Law has appointed medical negligence specialist Josie Robinson to further strengthen the team that has grown to ten strong...

      Read more
    3. waiting
      31.8.2023

      NHS waiting lists hit an all-time high

      England’s NHS waiting lists have hit the highest number since 2007, reaching a record number of 7.47 million people who are...

      Read more
    4. baby
      31.8.2023

      Maternal and Fetal Hyponatraemia

      What is hyponatraemia? Hyponatraemia is a condition where sodium levels fall below a certain level, which can be dangerous. All...

      Read more
    5. Ambulance vehicles at the Royal London Hospital
      10.8.2023

      Ambulance Delays Affecting Rapid Patient Treatment

      In 2017, the Secretary of State for Health accepted the new ambulance performance standards recommended by NHS England, meaning that the 11...

      Read more
    6. private hospital
      26.7.2023

      Private Healthcare Negligence

      Can you claim negligence against a private hospital? Yes – it can be a little more complicated than bringing a claim...

      Read more
    7. new born baby
      9.6.2023

      Early Notification Scheme – is it helping or failing...

      What is the Early Notification Scheme? The NHS Early Notification Scheme (“ENS”) has reached its sixth anniversary. Established in April 2017,...

      Read more
    8. 5.6.2023

      Are pharmacy closures putting patients at risk?

      It has been reported in the press that chemist closures will have an impact on patients living in deprived or...

      Read more
    9. pregnant lady
      23.3.2023

      Private Pregnancy Scans and Substandard Care

      In the news, it has been reported that private clinics that offer pregnancy scans to women are not meeting the...

      Read more
    10. Cannula in right arm of indian man
      14.2.2023

      The risk of extravasation injuries during iron infusion...

      Many patients with low iron, particularly during pregnancy or postnatally, may be advised they need an iron infusion such as...

      Read more
    11. Ambulance outside a hospital Accident and Emergency department.
      9.11.2022

      Delayed transfer to Accident & Emergency causing harm

      The Healthcare Safety Investigation Branch (HSIB) has identified that patients may come at risk of harm whilst waiting in ambulances...

      Read more
    12. The doctor looks at the x-ray
      9.11.2022

      Breast cancer screening mammograms and negligence

      Breast cancer screening has improved significantly in the UK due to research bettering the understanding of this terrible disease, which...

      Read more
    13. Doctor Or GP In Office Meeting Teenage Female Patient
      28.9.2022

      Women more likely to have symptoms ignored by...

      An increasing number of women in the UK feel brushed off by GPs when presenting with real symptoms, with many...

      Read more
    14. Hospital sign MATERNITY
      21.9.2022

      Are maternity services safe? – Part 2

      In April last year I wrote a piece about government setting up a taskforce to look into why there are...

      Read more
    15. Pregnant woman performing cardiotocography CTG
      8.9.2022

      Poor interpretation of CTG can result in stillbirth...

      Poor interpretation of a Cardiotocograph, more commonly known as a CTG, is a leading cause of stillbirth and brain injuries...

      Read more
    16. asian old man devastated by bad news
      9.8.2022

      New interactive rating tool reveals NHS wait times...

      Amidst record-breaking heatwaves and a lengthy patient waiting list due to COVID backlogs, it is not surprising that this summer...

      Read more
    17. Insulin injection needle or pen for use by diabetics
      14.7.2022

      Insulin overdose in hospitals due to limited staff...

      A century ago, insulin was first used to treat a 14-year-old boy dying of type 1 diabetes A hundred years later,...

      Read more
    18. NHS Building
      6.7.2022

      NHS aims to reduce waiting times with Elective...

      The NHS recently recorded their waiting list to be at 6.5 million, a record high. Much of this backlog is due...

      Read more
    19. doctor women at office
      29.6.2022

      Nottingham Maternity: Donna Ockenden to Chair Independent Inquiry

      An interim report on the state of maternity services at Nottingham University Hospitals NHS Trust has just been released. However,...

      Read more
    20. 28.4.2022

      Calls for Public Inquiry into Vaginal Mesh Surgery

      A leading professor from the University of Oxford has called for a public inquiry into the use of vaginal mesh...

      Read more
    21. person receiving bad news
      11.4.2022

      Late Cancer Diagnosis Crisis Within NHS

      The Health and Social Care Committee recently released a 52-page report on cancer services, expanding on the crisis in England (...

      Read more
    22. Cancer treatment in a modern medical private clinic
      23.2.2022

      Record high waiting lists put cancer patient lives...

      In early January 2022 there were nearly six million people in England waiting for routine operations and treatment: a record high....

      Read more
    23. Neglijenta medicala spital din UK
      23.2.2022

      Women from ethnic minorities experience worse maternity care

      It has been reported today that the government has set up a new task force to look into why there...

      Read more
    24. pregnant lady
      17.2.2022

      999 Call Handlers Maternity Instructions Report

      HSIB Report on Maternity Pre-arrival Instructions from 999 Call Handlers The Healthcare Safety Investigation Branch (“HSIB”) investigate NHS maternity incidents that...

      Read more

    VIEW ALL