In most claims for personal injury, you can pursue damages for the pain, suffering and loss of amenity caused (known as General Damages) and for any losses and expenses incurred (known as Special Damages). As long as you have suffered in some way and the suffering has arisen from the negligent advice about medication, that is when you may be eligible to pursue a case.
All posts for Care Homes
Inadequate quality of adult social care is a real problem at the moment. If care falls short and users are harmed, compensation can be an option.
As a result of increasing resource constraints caused by funding cuts, some people needing adult social care are reportedly not getting the service they need. Those with more complex needs can be the most vulnerable, and are often those with the greatest problems in accessing the care they need.
From people being left alone, to missed meals or just cold soup being left by beds, this is a growing problem that needs to be stopped.
Overworked care home staff problems have been linked to increased levels of patient abuse, according to recent studies into abuse taking place, and staff feeling “burnout” in the job.
According to the results of the studies, neglect and abuse can be more common in care homes where staff are struggling to cope with increasing demands.
With staff from almost 100 care homes – around 15,000 employees in total – responding to requests for data, only one care home apparently reported not seeing or partaking in abuse whatsoever. This data, when cross-referenced with data on how staff are coping in their roles, shows a concerning – but perhaps rather obvious – trend.
Last October, the U.K.’s top judicial body, the Supreme Court, held a local authority vicariously liable for the abuse suffered by a foster child.
Nottinghamshire County Council was responsible for organising the fostering of a child between the ages of seven and 18 in the 1980’s. During her placement in two different foster homes, the child suffered physical, emotional and sexual abuse by her foster parents.
After a lengthy legal battle, the Supreme Court has found a local authority vicariously liable for the abuse.
Under certain health and safety laws, occupiers of a premises must provide adequate protection for visitors to their land or premises. The duty is contained in the Occupiers Liability Act which covers visitors on land or in a premises.
An occupier is generally seen as someone who has the overall control of the land or premises. This could be the private owner of a building, or perhaps a landlord or tenant, or even a company who owns the building. Sometimes, another company can be placed in charge as well, and there are normally agreements in place for who is responsible for what.
A residential care home provider has been fined after one of their elderly residents choked to death on uncut meatballs; even though the care providers were explicitly instructed to cut up the food first.
Resident Mrs Margaret Humphries was brought to the care home by her family along with written instructions that all food given to Mrs Humphries was to be cut up first. The family made sure to verbally instruct care providers to make sure they were aware that Mrs Humphries had a high risk of choking.
Tragically, the instructions were not acted on.