We would all like to think that all care homes treat their residents with dignity and look after their medical needs with the expertise they deserve, as they owe a duty of care to their residents to do so.

Largely that is true, but what should you do if you or a loved one suffers poor treatment in a care home? You can complain to the care home owners or management, or the Local Council or Local Government and Social Care Ombudsman if the care home is run by the local authority. Sometimes the Care Quality Commission may also get involved. However beyond this and if you feel you or your loved one should be compensated for the poor treatment, then recourse to a legal claim may be your only option.

At Maxwell Hodge, we have dealt with many cases via our Medical Negligence team where that duty of care has been breached. Some examples include residents who have fallen whilst in a care home, and suffered injuries due to not being properly monitored, or others whose health has deteriorated due to poor feeding and dehydration. In some instances, the care home staff have failed to call in a GP or other medical practitioner, due to a failure to recognise the resident needs medical assistance or treatment.

If a care home resident does not have the mental capacity to bring the claim themselves, then another person can bring a legal claim on their behalf as long as they have the relevant legal authority.

Sadly, the person who has been injured may have passed away following that injury or due to deteriorating health, and in such cases the legal claim can be brought by the Personal Representative of the deceased’s person’s estate for the benefit of their estate.

If you would like to discuss any of the above issues further, then please call our

New Enquiry Team to speak with either Joanne Bigley on 0151 548 7370,

or Julie Sowery on 0151 625 9154.