Bringing a care home negligence compensation claim
Despite negative news stories, those who reside in care homes usually enjoy an excellent standard of care. However, failings by care homes and their staff do occur which can lead to a loved one becoming injured or ill. If any of the following scenarios sound familiar to you, our team might be able to take on your case and help you to bring a compensation claim.
- Medication and prescription errors – your relative was administered the wrong medication or misdiagnosed with a condition which led to incorrect medication being prescribed.
- Pressure ulcers and sores – your relative developed these due to being left in bed for very long periods of time or due to a plaster being correctly administered following a fracture.
- Injuries related to falls and handling errors – which occurred due to your relative not being provided with adequate mobility aids, not being adequately supervised or due to being carelessly handled by staff.
- Injuries related to neglect or abuse – sadly, there may be times where injuries are inflicted on care home residents deliberately.
If you believe this is the case with your relative, you will need legal expertise on your side to help you prove that the injuries sustained were deliberate and not caused by accident.
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Frequently Asked Questions
Some of the questions often posed to our medical negligence team.
What is care home negligence?
How can I be sure my relative experienced negligence?
It's important to observe and document signs such as unexplained injuries, sudden weight loss, signs of poor hygiene, emotional withdrawal, or a decline in their health and well-being without a medical reason. It's important to communicate with your relative, if possible, and the care home staff about your concerns. Seeking medical advice and legal counsel can also help establish whether the standard of care has been compromised. Gathering evidence and testimonies from others who have witnessed neglect or abuse can further support your case.
Under what circumstances may it be possible to bring a negligence claim?
You may have grounds for a claim if it can be demonstrated that the care home owed a duty of care to your relative, that duty was breached, and the breach directly caused harm or loss. This includes the aforementioned situations such as failure to provide adequate medical treatment, physical or emotional abuse, neglect leading to injuries or health deterioration, and not meeting the basic needs for food, hygiene, and safety. Proof of harm, whether physical or psychological, and a clear link to the negligence of the care home or its staff are crucial for such a claim.
How do I make a start on bringing my claim?
If you believe your relative has suffered negligent care whilst in a care home setting, it is important to collect as much evidence as possible regarding their mistreatment. Once you have documented everything, you should then seek the advice of specialist medical negligence solicitors, who will investigate your claim and help you to determine the likelihood of winning your case and the levels of compensation you might be able to expect.
Bringing a care home negligence claim
About McCarthy + Co
With more than 30 years of experience in dealing with medical negligence claims, McCarthy + Co. has experience bringing claims relating to a wide variety of healthcare settings, including hospices and care homes. We are a family-run business, and we pride ourselves on offering honest, impartial, and helpful advice.
Our offices are based in Dublin and Cork, but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance, and assistance on any form of personal injury.
Our Awards & Accreditations
We are a multi-award winning firm, accredited by the Law Society of Ireland.
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Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.
Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.
John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.