Care of the Elderly – Claims & Compensation
Care of the elderly is something that we feel strongly about. So often Claimants, families, and even other solicitors feel that cases concerning care of the elderly are too difficult or not financially valuable enough to merit pursuing. We disagree.
We think it is important to stand up for the rights of this vulnerable sector of the community. We strongly believe that highlighting these cases by bringing them to the attention of insurers or before the Courts will help to raise the standards of care for all elderly people being cared for in homes or hospitals.
We do not think that pressure sores are ever trivial and, with continuing negligent care, they can quickly become extremely serious. We believe that our elderly deserve the highest standards of care and respect. Sadly, this is often not the case as our examples show.
Our partners Healthcare team have achieved some ground-breaking settlements in these cases.
The team are experienced at dealing with elderly clients who may not have capacity to instruct solicitors without help from their family. They work closely with their colleagues to ensure that successful Claimants get the advice they need to protect any means tested benefits.
Care of the Elderly Success Stories:
Re: Mr P v A Private Nursing Home
Mr P went to a nursing home after being discharged from hospital, where he had been treated for a chest infection. His wife went with him. Like many elderly people, Mr P had lots of health problems: diabetes, chest and heart problems. He also came out of hospital with a small pressure sore.
Unfortunately, the nursing care provided by the home was poor. The monitoring of Mr P’s diabetes was bad. He developed a second pressure sore and was not given enough pain relief. When Mr P’s chest got worse there were delays in providing him with oxygen (which the nursing home knew he needed) and in getting the GP out to see him.
Sadly, Mr P died. On the morning after his death the nursing home cleared his room (which was still being paid for), bundling his clean and dirty clothes together in black bin bags, and left them in his widow’s room. On top of the pile was Mr P’s used urine bottle. His widow was devastated.
The family had already asked the National Care Standards Commission (now the Commission for Social Care Improvement) to investigate their complaint. Armed with their report we wrote a strong letter and made an immediate offer to settle. After negotiations Mrs P accepted a settlement of £14,000.00 together with a whole-hearted letter of apology from the home.
It was important for the family to get an apology and to feel that they had done what they could to prevent this happening to anyone else. This isn’t something we can always achieve, but if it is important to you, do let your solicitor know.