It is not uncommon to read about vulnerable elderly residents in both NHS and private nursing homes and care homes, being abused. Some instances have been recorded on covert cameras installed by concerned family members, who have been suspicious that their loved one is being abused or neglected. There are numerous possible reasons for abuse and/or neglect. As the UK population ages, more seniors need round the clock nursing care and nursing homes are often full to capacity; the staff who are employed are not always given sufficient background checks; the standards of care differ because of experience, education and culture; the home may have a limited budget, the best staff are not always employed due to salary demands; the manager may not devote sufficient time to supervision and training; staff may be forced to work long hours with difficult shifts and in a minority of cases, some staff do not have any compassion or respect for the work they are doing, or for those in their care.
Abuse, neglect, critical omissions and negligent errors, can result in emotional and/or physical injuries. Some of these can be very serious. To that end, all seniors who have suffered abuse/neglect or are the victims of negligence need to be fairly compensated for their losses and injuries. Our nursing home neglect solicitors have years of experience in legal claims for personal injury. We offer a no win no fee service which means that in the event that you lose the case, you will not pay anything to our solicitors for the legal work that we undertake.
Although it must be said that receiving a financial settlement from a court cannot take away the terrible experience that a resident has gone through, it can at least, go some way to putting the nursing home on notice to ensure that it never happens again. It can also help the abused senior feel some sense of achievement, and they will also be able to do something they would like to do with the compensation.
There are contractual obligations between nursing establishments and residents. Our solicitors conduct a stringent review of the contract, in addition to the initial advertisement on the internet or in a magazine or newspaper, that persuaded the senior to go to live in that particular care home. Both the advertisement and the contract will have expressed, or implied duties and obligations and these elements will be put under the spotlight by our nursing home neglect solicitors. They will also look at errors of commission which relate to actions that deviate from accepted practice and standards; and errors of omission, which involves failure to provide adequate treatment and services. Naturally, they will also request the full documentation that the care home has on the patient.
Basic nursing home care standard contractual obligations comprise: -