The legislation surrounding care home negligence varies depending on where it took place. For this reason, we have created separate pages with specific legal information for each jurisdiction.
Or if you would prefer to speak with someone please call 1800 106 107 for free impartial advice.
What is care home negligence?
To successfully claim care home negligence, you must establish two things:
- There must’ve been a breach of duty (negligence)
- The breach of duty must have been the cause of the loss, injury or damage to you (causation)
Your care home can worsen your existing condition and may sometimes endanger your life with inappropriate advice. For these types of claims, a ‘breach of duty’ by the care home must be established. Their staff must be competent, and the healthcare professionals within them have a reasonable standard of care that they must give to you. If they breach this, then speak to a lawyer about making a claim.
If the treatment came with an outcome that you don’t like, that doesn’t necessarily mean you have a claim. You also won’t have a claim if there is a reasonable mistake that a medical professional has made. The medical professionals within the care home must show that they provided the standard of care that a reasonable body of medical professionals in the same field would regard as acceptable. Your Care home experience may have resulted in an inappropriate diagnosis or incorrect medication. They may also have failed to refer you to a specialist or acted on the result of tests.
If you think your Care home hasn’t done something right, call us on 1800 106 107 for a no-obligation quote and to determine whether you have a claim.
Who is liable?
If your care home didn’t do their job properly in keeping you as safe as reasonably possible, then they may be liable for the pain, suffering and other factors that may have occurred.
When calling us, there are no hidden fees; no upfront payments and you have the peace of mind that you have no obligation to make a claim. So, call us at 1800 106 107 to see if you have a claim.
Pop your details into one of our secure online forms and one of our legal advisors will call you back.
There are a number of errors that can be presented as a care home negligence case including:
- Slips, trips and falls
- Care home acquired illnesses and infections
- Handling errors
- Failure to sufficiently check and monitor, leading to problems such as pressure sores, malnutrition or dehydration
- Incorrect medication or treatment given
- Administrative errors
You can claim if you feel that this resulted in some of the following such as cancer treatments, childbirth, injuries to children, brain or spinal injury, amongst others. You will have to identify exactly who brought the order to proceed in a negligent act, whether it be the care home staff or a private surgeon employed by the care home. It may not be anyone’s fault, but we encourage you to call us to ensure that you are not letting someone get away with endangering your livelihood.
How much compensation can I get?
Although some patients may be in a position of greater risk due to their age or illness, you are entitled to compensation if your care home is negligent. You may have received care or treatment that was inadequate or dangerous.
In order to help you understand whether you can make a claim or not, we will need to ask you some questions. These include:
- When did the incident happen (e.g. did your Care home suggest you take your medication when it was unsuitable at any point)?
- Who was involved in the incident (e.g. did your Care home suggest you take a risky amount of movement)?
- Whether your medical professional was to blame for the incident (e.g. Did they misrepresent what their job entailed)?
- What the impact of the incident is (have you suffered an injury, or has it exacerbated an existing one)?
If you feel uncomfortable answering any of these questions, we will never rush you to make any decisions or to answer straight away. There is no obligation to make a claim either, so you don’t feel pressured.
You may hear a lot about ‘general’ and ‘special’ damages. General damages are usually pain, suffering and loss of amenity. Special damages are usually medical treatment, loss of earnings and any other expenses incurred. These are assessed on a case by case basis. To find out more, get in touch on 1800 106 107 to find out more information and an obligation free quote.
Alternatively, try Millner and Knight’s compensation payout calculator to make your own assessment.
What will the compensation cover?
If the compensation is a lump sum payment, then you can spend the money in any matter you see fit. Generally speaking, compensation usually covers:
- Pain and suffering
- Expenses related to travel (e.g. Care home transport)
- Care Costs
Legislation makes sure that you have certain rights when you are involved in a care home negligence incident.
When can I file a claim?
Each state in Australia has different time frames in which to claim, but you may be eligible for a number of different claims. One easy way to find out is by using our online eligibility checker here.
After we determine your situation over the phone, we can organise for an independent medical report to ensure that no stone is left unturned in regard to your claim.
Can I claim on behalf of someone else?
You may be able to make a claim for someone else if they are a ‘protected person’. This includes children or someone who’s been injured that can’t make the claim themselves. If you represent them, you will be known as a ‘litigation guardian’ throughout the claim. If a loved one has died from Care home negligence, you may be able to act on their behalf.
Call us for more information and whether or not you will need to take on this role; we’ll never pressure you into making a decision, and our quotes are obligation free.