Care Home Claims
Care home claims
Going into a care or nursing home is a big step for someone. Both the individual and their family can face a lot of emotional and practical upheaval with a move into care. If poor care in a care home has resulted in injury, illness, or death, you may need the advice of an understanding lawyer.
We can provide the support and guidance you need with care home claims in Scotland. L&M MediLaw is led by Elizabeth Rose, an accredited specialist in medical negligence. We know how distressing it can be to worry that a care home hasn’t provided the highest level of care for a loved one, and we will help you to understand what has happened. Our lawyers will take the time to listen to you and advise you as to how you might be able to make a claim for compensation.
To discuss care home negligence with a lawyer who can help, call us today on 0141 471 3078 or complete our online contact form and we will get back to you without delay.
Care in Scotland
There is both private and NHS residential care in Scotland and the type of care can vary hugely. Some people only require respite care while others require permanent care. There can be specialist care required for those with complex medical needs, while others need something more straightforward. The social work department is normally involved in care and nursing home placement, working together with the individual and their families to assist with the move into care.
Care and nursing homes are regulated by the Care Inspectorate. The Care Inspectorate has wide ranging powers from making recommendations after inspection to serving improvement notices and in some exceptional cases can implement closure of the home.
Residents will often have a named nurse and a GP will be assigned to the care home. Sometimes residents will need specialist nurses and can be visited by a tissue viability nurse, occupational therapist, speech and language therapist or other allied health professional. Care assistants can also be involved in making and going to appointments with residents and so good communication between agencies is required to ensure that resident is receiving the best possible medical care.
Whatever the level of support offered, residents and their families will expect high standards of care. If an individual or a family member has concerns about the standard of care being delivered it’s recommended, in the first instance, to speak to the care home manager. Good communication is essential in ensuring a robust care plan is being adhered to and avoids any misunderstandings and will hopefully pick up on any improvements that may be needed.
In some scenarios, either the individual and/or family haven’t been able to resolve their issue with the care home directly. In these cases, you can make a formal complaint to the Care Inspectorate. The Care Inspectorate can investigate and make recommendations following the complaint and in very serious cases can look at enforcement action, for instance serving an improvement notice, follow up inspections and in rare cases can look to close the care home.
Making care home claims with L&M MediLaw
In cases where an injury or death has occurred, whether the Care Inspectorate is involved or not, you may wish to seek legal advice. L&M MediLaw will be compassionate and listen to you, starting by asking you the three Ws – ‘who’, ‘what’ and ‘why’.
The L&M MediLaw Claims Process
If advised, L&M MediLaw will instruct a suitable expert to comment on the actions or inaction of those you feel are responsible for the injury or death. In most cases, this will be a report from an independent expert nurse. In nearly all care home claim cases, further reports from a suitable expert (s) are required to comment on whether the injury/death was caused by the wrongdoing.
If all the reports are supportive, L&M MediLaw will intimate the claim to the care home or their representative. Once their position on the wrongdoing is provided, L&M MediLaw will give you advice on whether it will be possible to settle your case without the need of court proceedings or alternatively whether court proceedings will be necessary. In either scenario, L&M MediLaw will take action to achieve the maximum award of compensation for you and will fully support you throughout your legal journey.
Everyone should receive the best care possible during their time in a care home. If you have been failed by a medical professional in a care home setting, L&M MediLaw can support you with compassionate, professional legal services. We have offices in Glasgow and Edinburgh city centre and serve clients all across Scotland.
To discuss care home negligence with a specialist lawyer, contact us today on 0141 471 3078 or complete our online enquiry form and we will get back to you right away