Can I sue for Medical Negligence in a nursing home?
6 April 2023
Taylor Bracewell
Patients in nursing homes are often extremely vulnerable due to old age and illness. Sometimes the failings of nursing homes and their staff can lead to poor medical treatment and care.
The most common types of medical negligence in nursing homes are:
- Pressure sores – these are caused by not moving the patient regularly or the incorrect application of plaster after a fracture. Not treating pressure sores can lead to infection.
- Medication errors – giving someone the wrong medication can be extremely dangerous. This can be due to a mix-up within the nursing home or a misdiagnosis which can lead to the patient being given the incorrect prescription.
- Injuries from falls – falls can occur from the patient not having adequate mobility aids or by being handled carelessly by staff.
Nursing home residents can make claims themselves if they have the capacity to do so, if they do not someone else can make a claim on their behalf. The money awarded for the claim would either go into a trust or to the family or the estate if the negligence lead to the wrongful death of the patient.
Evidence needed to bring a claim:
- Medical reports – you will need medical evidence of the details and photos of any injuries sustained due to the negligence.
- Contract with the nursing home – you will need a copy of the contract that was signed with the nursing home. This should include the agreement for the nursing home to provide a suitable standard of care.
- Diary – the diary should include any conversations had about the negligence, any details of the incident and the effect that this has had on the victim.
- Receipts of any expenditure incurred – this will allow the expenditures to be taken into account when deciding the amount awarded.
Patients who have experienced negligence have three years to bring a claim. This is unless the patient is under the age of 18, they then have until their 21st birthday to bring a claim. If the injury is not immediately seen, then the patient will have three years from the date it was discovered.
Our Medical Negligence team are experts in their field and are always happy to help. If you believe that you have been a victim of negligence and would like further advice do not hesitate to contact them. You can call them on 01302 341414 or 0114 272 1884, alternatively, you can fill out our online enquiry form.
We have further articles on our website relating to medical negligence, here are three that you may find useful:
