Care home negligence occurs when the provider or staff fail to provide care that meets expected standards and you (or your loved one) come to harm that wouldn’t have occurred had the correct standards of care been provided.

Care homes and nursing homes provide a wide range of care services. These may range from day care services to full time, 24 hour residential care. Residents may have different and complex needs, requiring specialist care.

Care homes and nursing homes provide different types and levels of care.

• Care home – those in residential care homes may need support with personal care as well as day-to-day tasks such as cooking and cleaning.
• Nursing home – residents in nursing homes may have a range of medical care needs. Nursing staff may provide around the clock medical treatment and care.

Sadly, rates of abuse and poor care are higher than may be expected in care or nursing homes. A report published by the National Institute for Health and Care Excellence (NICE) highlights that 33% of those in residential care had reported psychological abuse.

In the following sections, we look at different circumstances in which care home negligence claims may be made.

Injuries Caused By Trips And Falls

Those in residential care may be more vulnerable both to experiencing falls and to suffering injuries. This can be due to medical conditions, age or frailty. A care home may be held responsible for a resident falling where:

• The person harmed has not been provided with appropriate mobility aids.
• The person was not properly supervised.
• Where facilities, such as stairways, flooring, handrails or furniture, have not been properly maintained.
• Staff engage in careless moving and handling of residents.

In addition, staff should carry out regular and appropriate risk assessments. These should be followed up with appropriate action where necessary.

Prescription And Medication Errors

A medication error could have a serious impact on a resident’s health. Care home residents may have various medical conditions requiring prescription and other types of medication. Nursing home staff should ensure that residents are given the right medication, at the right time and in the correct dosage for their condition.

Potential medication errors could include,

• Giving the wrong medication to a resident.
• Giving medication at the wrong dosage or frequency to a resident.
• Failing to update residents medical records or history (where appropriate).

These errors could have a serious and potentially even life-threatening impact on a patient.

Malnutrition And Dehydration

Dehydration and/or malnutrition can happen when staff do not meet the hydration and dietary needs of residents. Either condition could cause serious health complications in residents who already face health conditions.

Causes of dehydration or malnutrition may include,

• Staff failing to provide meals meeting a residents nutritional needs.
• Staff not assisting residents with drinking or eating where necessary due to mobility problems or lack of mental capacity.

Substandard Hygiene

Poor or substandard hygiene may refer either to poor overall standards of hygiene in adult social care, such as a lack of cleaning facilities or changing residents’ bedding on a frequent basis or could refer to not meeting residents’ personal hygiene needs. In either instance, residents may face increased risk of illness and infection.

Potential causes could include,

• A lack of cleaning leading to dirty and unsanitary shared spaces such as bathrooms.
• Inadequate help with personal hygiene, such as washing and bathing for residents with reduced mobility.

Restricted Access To Regular Healthcare

Restricted access to regular healthcare could lead to the delayed diagnosis of (potentially) serious medical conditions, such as cancers. Restricted access to healthcare could also exacerbate existing health conditions.

Potential causes may include,

• Staff failing to organise routine check-ups for ongoing medical conditions or booking specialist appointments where necessary.
• Staff neglect to monitor a patient’s symptoms or failing to act on signs they require medical care.

Low Standard Of Living Conditions

A care or nursing home should provide residents with living conditions which support their needs for health, safety and comfort. Low standards could present as an unsafe environment or inadequate resources. This could lead to a resident suffering an overall decline in physical or mental health or sustaining injuries.

Pressure Ulcers And Sores

Pressure ulcers and pressure sores may affect residents who are immobile, or who have low levels of mobility. Residents may find it hard or be unable to reposition themselves whilst seated or in bed and require assistance to do so.

Pressure ulcers and sores may be caused by staff not moving residents frequently or adequately enough, leaving them in the same position too long.

Pressure sores can be painful and can develop infections if not treated promptly. In severe instances, bed sores can lead to the amputation of a body part.

Abuse In The Care Home

As highlighted earlier in this section, neglect and abuse can affect those in residential care. Examples of abuse in a care home may include,

Physical or psychological abuse of a resident by care staff. For example, a staff member may use excessive force to restrain a resident.
Care staff deliberately neglecting a resident’s care.

We should highlight that not all accidents and incidents in care homes may be considered negligent. In such instances, claims could not be made.

Please contact our team if you or a family member have experienced negligent care in a care home.