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.
We aim to provide:
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.
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.
Here are just some of the care home negligence case types which have been highlighted in recent years:
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.
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.
4th December 2018
Jonathan Austen-Jones represented the Claimant (“ER”), a 53 years old man who was taken by ambulance to the Royal Sussex County Hospital on 4 March 2017 after suffering with abdominal pain over the previous two days. Continue reading »
RH sought help and advice from Jonathan Austen-Jones to investigate a potential claim for clinical negligence against the Brighton and Sussex University Hospitals NHS Trust following back surgery carried out by one of its orthopaedic and spinal specialists.
Continue reading »
29th November 2018
Gazebos are used by all kinds of organisations when attending events up and down the country. It may not seem that an employer’s duty to assess and minimise workplace risks would extend to tasks such as carrying and assembling gazebos, but a recent case shows that it does. Continue reading »
28th November 2018
In order to succeed in a ‘secondary victim’ claim as a result of clinical negligence it is necessary to establish that the claimant suffered psychiatric illness or injury – as opposed to grief, sorrow, deprivation or the need to provide care for the loved one who has suffered the injury – as a result of witnessing a sudden, shocking event. Given the number of hurdles a claimant has to clear to show that the many tests have been met, there have been very few successful claims to date. Continue reading »
26th November 2018
Two recent cases illustrate that employers need to be vigilant in assessing tripping and slipping hazards in areas where workers perform their tasks. If they fail in this duty, those who are injured as a result may be able to claim compensation. Continue reading »
23rd November 2018
A radical proposal for cycling awareness has been unveiled by the government. The plans include a series of measures to improve safety for vulnerable road users, and to encourage and support cycling. The aim is to reduce the significant number of serious and fatal accidents suffered by cyclists. Continue reading »
24th July 2017
The Ministry of Justice (MoJ) has announced measures to tackle fraudulent sickness claims. Fraudulent claims of food poisoning by holidaymakers which are false or exaggerated claims, could result in British tourists paying higher package holiday prices. Continue reading »
27th February 2017
The last revision of the discount rate was undertaken on 25th June 2001, when it was set at 2.5%. From 20th March 2017, the rate drops from 2.5% to minus 0.75%. It is a change of 3.25 percentage points. Continue reading »
21st January 2016
Jonathan Austen-Jones acted on behalf of the applicant in this case who was the subject of sexual abuse at the hands of his step-father between the ages of about 5 and 7.
An initial application for compensation pursuant to the 1990 Scheme was made in 1992 and in June 1996 he was awarded £10,000.00 in respect of the abuse he had suffered. This award was clearly too low and it appears that no psychiatric evidence was before the Criminal Injuries Compensation Authority (CICA). Continue reading »
Jonathan Austen-Jones acted on behalf of the claimant in her claim for damages for clinical negligence. The claim arose from the tragic loss of her baby’s life as a consequence of the failure of the Defendant Trust, appreciating that baby B had a Group B streptococcus infection at his birth on the night of the 1st January 2009, resulting in baby B’s death at 00.55 hours on the 3rd January 2009. Continue reading »