Nursing Home Neglect

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We live in an aging society. People are living longer than ever before and soon those aged more than 60 will be the biggest section of society.

Although many of us are generally healthier than former generations, only a very fortunate minority are able to live independently into very old age.

Most people spend their final years in a public or private residential care home dependant upon nursing and other staff for their basic needs such as food, water, medicine, bathing and grooming.

Standards in nursing and residential care homes are higher than ever before and most provide excellent services through dedicated and caring staff.

However, sometimes this is not the case and helpless residents are subjected to unacceptable suffering through either abuse, neglect or inadequate care provision by public bodies.

This tends to happen where homes are under staffed and those who are working are poorly paid and inadequately trained. This is, unfortunately, a significant problem caused by owners more concerned about profits than people.

Many of these victims are isolated, lonely and confused. They are therefore dependent upon their families and loved ones to take the necessary action to get the treatment and protection they need.

If you are responsible for an elderly or infirm relative who has been in a residential care or nursing home and you believe that they have been ill treated in some way, they may require legal representation, either to win compensation or obtain more appropriate professional support.

Corries has a specialist, national Clinical Negligence Team, which combines first-class legal services with high standards of client care to elderly people and their relatives at minimal financial risk.

Neglect & Abuse - The Signs

The most common reported types of care home neglect are:-

• The unauthorised use of sedatives
• Failure to provide adequate food or water or to prevent malnutrition
• Failure to provide the prescribed medical care
• Failure to take adequate precautions to prevent falling
• Failure to take to residents to the toilet or change bedding leading serious pressure sores and infection
• Assault, sexual assault

The most common signs of the physical abuse of elderly people are:

• Bed sore
• Burns
• Cuts, open wounds
• Sprains, dislocations, and internal injuries
• Poor skin condition
• Dehydration or malnourishment
• Bruises, black eyes, lacerations, and welts
• Broken bones and fractures
• Weight loss
• Broken spectacles
• Signs of restraint
• Sudden behavioural change
• Lab findings indicating an overdose or deprivation of medication
• Caregiver's refusal to allow visitors to see the older person alone

The most common forms of the psychological and emotional abuse of elderly people are:

• Threats
• Humiliation
• Verbal assaults
• Isolation

The Mental Capacity Act

One of the problems faced by elderly patients, particularly those with dementia or psychological difficulties, is the loss of decision-making ability.

One of the aims of the new Mental Capacity Act, which is due to take effect in 2007, is to empower people with mental health problems and those with diseases causing mental deterioration, to be more involved in decision-making about their affairs such as their healthcare.

The act deals with substitute decision-making by attorneys and lasting power of attorney which will focus on health and welfare issues as well as financial and property matters, as they do now.

A new system of Independent Mental Capacity Advocates will be set up to help people who have no family or friends to help them in their decision-making.

The new legislation also deals with advanced decision-making about subjects like refusing medical treatment. There will be new roles for the Court of Protection in making decisions about best interest medical treatment or financial matters if there are disagreements about what should be done.

Local Authority Support

A decline in funding from central government means that many local authorities have greatly reduced budgets with which to provide their services.

We are able to support elderly people and their loved ones who care for them by providing legal support and mediation to ensure that local authorities meet their obligations by providing the appropriate levels of funding and care for each individual.

Abuse by Patients

Cases arise where elderly people suffering mental deterioration can behave inappropriately and become a danger to other residents.

Conversely, elderly women suffering from conditions such as Alzheimer's disease can fall victim to male residents.

In all these types of cases our specialists are able to provide mediation for families to get their relative moved to another care home and take any other appropriate action.

If you think you may have cause for a medical negligence claim, please call 0800 043 8884 for an informal chat to discuss your situation or simply fill in our online form on this page.