Can I claim if a care home failed to prevent

Hello, I am Gemma, a friendly legal assistant at Lawyer Destroyer. I am very sorry to hear about this situation. It is always distressing when someone is injured while in a place that is supposed to be caring for them.

To answer your question directly, yes, you certainly can make a claim if a care home has failed to prevent a fall or a pressure sore. Care homes have strict legal duties to keep their residents safe from preventable harm.

The legal position:

Care homes in England and Wales owe a duty of care to their residents. This means they must provide a reasonable standard of care and take proactive steps to keep residents safe. Both falls and pressure sores are very often considered preventable if the care home follows the right procedures.

Under the law of negligence, a legal claim relies on three main points. First, the care home owed the resident a duty of care. Second, they breached that duty by failing to properly assess risks or provide the right care, such as failing to provide a pressure-relieving mattress, failing to turn the person regularly in bed, or ignoring a high risk of falling. Third, this failure directly caused the injury.

Care homes are also regulated by the Care Quality Commission and they must meet basic fundamental standards of quality and safety. Falling short of these standards is often strong evidence that the care home was at fault.

Things that can affect your claim:

Whether a claim will succeed depends on the exact circumstances, so there are a few important details to keep in mind.

Time limits are very important. Generally, a personal injury claim must be started at court within three years of the date the injury happened. However, if the injured person lacks the mental capacity to make their own legal decisions, perhaps due to dementia or a brain injury, this three-year clock does not start ticking. Someone else can bring a claim on their behalf at any time. If the person has sadly passed away, the family usually has three years from the date of death to bring a claim.

We also need to look at the documents. Successful claims usually rely on the resident's specific care plans, mobility and skin risk assessments, and daily medical logs to prove what the care home staff knew and what they failed to do.

Practical next steps:

Before pursuing formal court action, it is usually best to take things step by step to ensure the safety of the resident, gather evidence, and see if the matter can be resolved early. Court cases can be stressful, costly, and take a long time, so other options are always worth exploring first.

1. Ensure immediate safety and medical care. The absolute priority is getting proper medical treatment for the pressure sore or the injuries from the fall. If you feel the resident is at immediate risk of neglect or further harm, you can contact your local authority adult safeguarding team to step in immediately.

2. Gather your evidence. Keep a diary of exactly what happened, who you spoke to, and when. Take clear, dated photographs of the injuries or pressure sores if it is appropriate and dignified to do so. Ask the care home for a copy of the resident's care plan, their risk assessments, the accident book report, and their daily logs. Under data protection law, the resident, or their appointed representative, has a right to request these records.

3. Raise a formal complaint. All care homes must have a written complaints procedure. Put your concerns in a clear letter or email, explaining exactly what went wrong and asking for a formal investigation. This often prompts the care home to look into the matter properly and can result in useful admissions or an apology.

4. Involve regulators or ombudsmen. You can report your concerns to the Care Quality Commission. While they cannot award compensation, the information helps them inspect and regulate the home. If the resident's care is funded by the local council, you can also escalate your complaint to the Local Government and Social Care Ombudsman. The Ombudsman investigates poor service and can sometimes recommend a financial remedy without the need for a stressful court case.

5. Pursue a formal legal claim. If the complaint process is unsuccessful, or if the injuries are severe and require significant compensation, a civil claim for negligence may be the most sensible route. These claims are often funded on a no win, no fee basis, which removes much of the financial risk. Compensation can cover the pain and suffering caused, as well as recovering any care fees paid for the period where the care fell below an acceptable standard.

Please let me know if you would like me to explain any of these steps in more detail or if you have specific documents you would like to discuss.