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Whether you or a family member has a place in a private sector or public sector care home, ensuring you are receiving the standard of care you deserve is important.

In recent years, the number of medical negligence cases associated with treatment in care homes and hospitals across the UK has caused major concern. In 2013 The Francis Inquiry charted major failings which sparked reform across the NHS and care facilities. As a result, maintaining dignity in care has become more important than ever.

As a firm of experienced solicitors, Healys has assisted clients across Brighton and the south of England with their medical negligence claims. We can provide you with the representation you need and assess your case individually to establish your claim for compensation.

“A very big thank you to you for all of your help and guidance throughout the claim. I have always been very happy with all your advice.”
Miss R

We aim to provide:

  • Free assessment of your claim.
  • One to one contact with your lawyer from day one.
  • Clear and unambiguous legal advice.
  • Visits to you at home, hospital or in a rehabilitation centre.
  • Early interim payments and funding for rehabilitation needs.
  • Maximum compensation and the best outcomes for you.

Call Healys Medical Negligence Solicitors today. Our friendly team is here to help. You can see how we have helped our clients in our case studies section.

What is medical negligence?

Also referred to as clinical negligence, medical negligence covers four aspects – duty of care, breach of duty, causation and damage. A doctor or other healthcare professional has a lawful duty to maintain the safety of patients under their care and when this duty has been breached, legal action can be taken to award damages or compensation.

Breach of duty of care may result in damage or other losses if a healthcare professional has failed to meet an acceptable standard of care or correctly diagnose a condition, illness or injury in a timely manner.

Examples of negligence in care homes

Here are just some of the care home negligence case types which have been highlighted in recent years:

  • Neglect and abuse
  • Poor management of medical records and history
  • Catheterisation failures
  • Dehydration issues
  • Delays with hospital referrals
  • Incorrect or delayed administration of medication
  • Patient supervision failures
  • Misdiagnosis
  • Transportation problems.
  • MRSA infections

In many medical negligence claims, the patient instigates the claim, but it is often up to visiting family members and friends to spot the warning signs of poor standards in care homes. As well as the physical presence of pressure ulcers, bed sores, bruises and fractures, the family may notice changes in their loved one’s personality which may prompt further investigation.

Reporting medical negligence

From residential care to nursing homes, the care system for the elderly and infirm is an important part of society and without it, our ageing population simply would not be able to achieve a consistent quality of life. However, with this comes the responsibility to deliver a high standard of care at every home, regardless of a patient’s needs.

The Care Quality Commission (CQC) is the independent regulator of health and social care in England and encourages both care home residents and their family members to share their experience of care. Formal complaints can also be filed with the CQC enabling further investigations and inspections to take place to identify poor care.

In the first instance, concerns should be sent directly to the care home manager or NHS Trust, and the Parliamentary and Health Service Ombudsman can help to ensure residents are protected from ill treatment and negligence.

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Call our London office on 0800 280 0432 or our Brighton office on 0800 280 0432. You can also contact us online.
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  • Jonathan was able to help the husband of a 50 year old woman claim compensation after the hospital failed to diagnose her cancer. Mrs L attended hospital complaining of pain in her abdomen. She was discharged without further tests but unfortunately she died of thyroid cancer a few months later. Jonathan argued that the chance for a liver biopsy was missed during her visit to hospital and although this would not affect the unfortunate outcome, palliative care could have been arranged to ease Mrs L’s suffering. Jonathan was able to secure Mrs L’s husband a five figure sum in compensation.
  • Jonathan has also helped the family of a 71 year old man claim compensation after a complication in his surgery caused his death. Mr R was suffering from chest pains and was admitted to hospital for tests. He was found to have an issue with his heart and doctors attempted to rectify this with a surgical procedure. Unfortunately during this procedure an air pocket had got into one of his blood vessels which caused Mr R’s death. With expert medical evidence Jonathan was able to secure Mr R’s family £75,000 in compensation.
  • Jonathan helped X get further compensation and access to services to aid in his rehabilitation. X was a subject of sexual abuse from his step father between the ages of 5 and 7. Initial application for compensation was made in 1990 and X was awarded £10,000. After several attempts at his own life, X decided to contact Jonathan to seek further compensation. Jonathan was able to secure X £200,000 in compensation and an overall award of £1,200,000 inclusive of state benefits. More importantly Jonathan then arranged the Special Needs Trust to support X’s rehabilitation.
  • Jonathan helped the parents of Baby B claim compensation after a failure in care during labour resulted in Baby B’s death. Initially the Trust denied they were responsible for Baby B’s death but after negotiations the Trust admitted responsibility and Jonathan was able to negotiate an out of court settlement for Baby B’s parents.
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