Care Home Claims & Compensation
As we age not only do we become more physically frail, but our mental ability can also fade, so this means older people can be more vulnerable to being exploited and abuse in elderly care homes can take place. Unfortunately, there are still instances when these exploitive people are able to look after the vulnerable in elderly care homes and use their position of power to abuse those that they look after.
Abuse in elderly care homes is something that has occurred in the past and even recently too. The reality is that these cases are not only traumatic for the survivor but their family members too. We are here to help ensure that those responsible are held to account for their actions and we can help you and your family receive compensation for the abuse that occurred in a care home.
Bringing an elderly care home abuse claim
It is likely that the person who suffered the abuse whilst in the care home setting won’t be in a position to bring a claim about themselves. Simply because of their age, frailty and vulnerability. In instances such as these, it is possible for a family member or friend to bring the claim forward on their behalf.
Your solicitor will be able to explain the details of what happens in these circumstances but is possible for people to provide instructions on behalf of the elderly. Get in contact with TDP Solicitors and we can let you know whether or not you would qualify as a litigation friend and be able to make an abuse claim against an elderly care home on behalf of a family member or friend.
Abuse that’s likely to occur in elderly care homes
Physical elder abuse – this is non-accidental use of force that results in pain or injury. This abuse can include physical assaults like hitting, punching and shoving, but can also include the inappropriate use of medication, confinement or restraints.
Sexual elder abuse – Not only does this include such acts as rape, molestation or sexual conduct with a person who doesn’t have the mental capacity to object, but it also includes activities such as showing an elderly person porn, forcing them to watch sex acts or even forcing them to undress.
Psychological elder abuse – Examples of emotional abuse in the elderly include intimidation through shouting and threats, humiliation, scapegoating, isolating them from friends or family and more. This type of behaviour causes mental or emotional anguish for the survivor.
Financial abuse – Abuse of the elderly and their financials can take on many forms and can be done by a caregiver or an outside scam artist. Such things like stealing money or household items, forging their signature, identity theft or misuse of their bank cards. Telemarketing scams can include fake charities or investment fraud.
Elder neglect – This is the failure to complete caregiving obligations, and it can be either intentional or unintentional. Intentional neglect means the caregiver will actively withhold care or necessities. Whilst unintentional refers to situations where a caregiver is unable to give the elder what they need because of a lack of resources, maturity, a result of illness, stress or ignorance.
Who can care home claims be brought against?
Your solicitor will discuss this with you at great lengths to ensure that you get the most compensation possible for the distress of the care home abuse.
It is possible to bring the claim against an individual who performed the abuse, however, your solicitor will investigate whether or not they have the assets to pay for this compensation.
The claim can also be brought against the employer of the person who committed the abuse, this might be a private owner of the care home or the local authority who runs it. You will need to show evidence of the abuse to bring forward a claim of abuse against a care home, something that your solicitor will be able to help you with.
Making an abuse claim against a care home
Our trained solicitors are here to ensure your case is handled with sensitivity and sympathy. We want to ensure that you feel comfortable bringing the claim forward at every step of the care.
Once you get in touch, we can discuss how your case is likely to proceed, who you can claim against, as well as giving advice regarding your case.
Whilst the financial compensation is never going to help you or your family overcome the trauma of what has happened, it is a way of holding the abusers to account for their actions, and brings a form of closure to what has happened.