Medical Negligence Claims

Nursing & Care Home Claims

Dedicated specialist solicitors

When the time comes to make the difficult decision to leave your home and move to a care home, or into the control of other care providers, you rightly expect the standard of care provided to be exemplary.

To discover that the care provided has resulted in physical or psychological injury can be difficult to accept, particularly if it results in physical or psychiatric injury to you or a loved one.

Abuse or neglect suffered within a care home or by a care provider can have devastating, long-term consequences for both the victim and their families. At Browell Smith & Co our dedicated team of specialist solicitors will deal with your enquiry with sensitivity and discretion, to give you confidence every step of the way.

At Browell Smith & Co Solicitors, we have a wealth of experience in dealing with cases like these with care and sensitivity, as elderly people are often not able to voice their concerns or fears which can make them increasingly vulnerable to abuse.

Contact our expert team today to arrange a free initial consultation at any of our offices, in Newcastle, Cramlington, Ashington, and Sunderland, or alternatively request a callback, to discuss your particular requirements.

Dawn Bagley

Solicitor - Head of Personal Injury & Medical Negligence

Philip Browell

Solicitor & Senior Director

Angela Rowney

Solicitor - Medical Negligence

Kirsty Dockerty

Legal Clerk - Personal Injury & Medical Negligence

Lucy Anderson

Trainee Solicitor - Personal Injury & Clinical Negligence

What classifies as Medical Negligence in care homes?

Risk of falls

Care and service home providers should assess all residents at risk of fall and take steps to reduce this risk. This may involve closer monitoring, a lower bed, or lifting the resident by way of hoist. All staff should be appropriately trained in lifting and moving frail and unsteady residents. If inappropriate risk assessment is in place or poor training provided to staff, elderly residents can fall and suffer life-threatening fracture injuries.

If the mistreatment complained of was carried out by isolated members of staff in a care home or service provider, the owners and/or employers of those responsible for the negligent or abusive actions can be pursued for compensation. It does not have to be against any individual or group of individuals as long as that person or persons were acting in the normal course of their employment.

Injuries from abuse and neglect

Abuse can take the form of neglect or the failure to carry out simple everyday tasks such as cleaning wounds, changing dressings, and basic sanitary hygiene. A lack of nutrition and hydration are prime examples of care home negligence.

If the mistreatment complained of was carried out by isolated members of staff in a care home or service provider, the owners and/or employers of those responsible for the negligent or abusive actions can be pursued for compensation. It does not have to be against any individual or group of individuals, as long as that person or persons were acting in the normal course of their employment.

Pressure sores

Patients should not develop pressure sores – commonly known as bed sores when cared for appropriately. If a care home resident’s skin is in contact with the bed after a prolonged period of time then this could result in pressure sores.

Time limits

As with all claims for Medical Negligence compensation, there are time limits within which a claim must be lodged with the Court. For accident claims, court proceedings must be started within three years from the date of your accident.

In the event that court proceedings are not started within three years from the relevant date, the negligent party may be able to escape paying compensation on the basis that your claim is out of time.

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