Elderly Care Claims
Elderly people are more likely than most to need medical treatment and often have particular care needs that can make them more vulnerable. Where errors in an elderly person’s care are made, it can therefore have a very serious impact on their health.
If you believe you or an elderly loved one have received negligent care, compensation is often essential to remedy the situation. It can ensure the appropriate treatment and support can be provided in future to deal with the health impact of negligent elderly care, allowing you/your loved one the dignity and chance at a happy life you or they deserve.
Wolferstans medical negligence solicitors have a strong track record of success in elderly care compensation claims, having secured substantial settlements under even the most complex circumstances. We can ensure no detail is missed and no angle is overlooked, helping to build the strongest case possible for your claim.
With strong negotiation skills and particular expertise in non-confrontational dispute resolution, we can typically resolve claims out of court. This can save you time and money, as well as being easier on you and your loved ones.
A major advantage of our service is that our specific experience with elderly care claims means we can offer a highly accurate valuation for your claim. This helps to provide assurance that your claim will not be undervalued, causing you to accept less than you may be entitled to – something that can be a risk with less experienced firms.
We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.
To arrange your consultation please contact the new client team on 01752 292204.
Our elderly care negligence claims service
We work with elderly clients, their families and representatives throughout England and Wales on a wide range of compensation claims for elderly care negligence against GP’s, hospital and nursing homes, including those related to:
- Failure to appropriately assess an elderly patient’s physical needs or cognitive issues
- Failure to investigate, identify and/or treat fractures after a fall
- Failure to provide appropriate aftercare
- Falls due to lack of proper supervision of a vulnerable elderly patient
- Handling errors
- Negligent nursing care
- Misdiagnosis and late diagnosis of health conditions
- Pressure sores (also known as bedsores) arising from negligent care
- Inappropriate discharge of an elderly patient
Read about some of the cases we have successfully pursued in relation to elderly care claims.
How claims for negligent elderly care work
Our clinical negligence lawyers can offer straightforward, compassionate advice and guidance every step of the way through the whole claims process.
A typical elderly care claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Find out more about the process of making a clinical negligence claim.
Funding an elderly care compensation claim
‘No win, no fee’ elderly negligence claims are the most common way to pursue compensation for these issues. This approach means you do not need to pay anything up front to bring a claim and will only need to contribute towards your legal costs and expenses if your claim is successful.
Where compensation is achieved, our fees will be based on a percentage of the settlement agreed or damages awarded by a court. This means you will always have a clear picture of the likely costs involved and can be guaranteed that you will get the maximum possible benefit from your compensation.
Legal expenses insurance can also be an option for funding an elderly care claim, depending on your circumstances, with this type of insurance often provided as an option extra with home insurance policies, as well as some bank accounts and credit cards.
To discuss your options for covering the cost of an elderly care negligence claim, please don’t hesitate to get in touch.
Find out more about funding a medical negligence claim.
Our expertise in elderly care claims
With the benefit of many years of experience pursuing elderly care negligence claims for our clients, we offer a safe pair of hands for your claim. We have secured substantial damages for elderly clients and their families over the years, earning us a reputation as leaders in the field of elderly care claims.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Wolferstans are members of Solicitors for the Elderly. Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Find out more about our medical negligence claims team.
Common questions about elderly care negligence claims
If you are making a claim for yourself, you will normally have 3 years to do so. This may be counted from when the negligence occurred or when you realised it had occurred, depending on the situation.
If you are making a claim for a elderly loved one because they lack the capacity to make a claim themselves, then there is normally no time limit for you to bring a claim.
If a loved one has died following elderly care negligence, the 3-year time limit will be in effect, either from when the negligence occurred or was uncovered. If your loved one died during that initial 3-year time limit, however, you may be granted an additional 3 years counted from the date of death to bring a claim.
Knowing which time limit is relevant to your case can be difficult, so it is a good idea to consult a specialist in elderly care claims to find out more, no matter how long ago the negligence in question occurred.
This will be determined by the specifics of the case, but generally you will be able to claim for any specific financial costs incurred as a result of the negligence, as well as things like pain and suffering, and changes to lifestyle.
Exactly how much the claim will be worth will depend on the seriousness of the injuries sustained as a result of the negligence and the level of impact on the life of the elderly person affected.
It is often the case with elderly victims of medical negligence that they will need the assistance of a loved one to make compensation claim.
In such cases, it is possible for someone else to be appointed as a ‘litigation friend’ who will then have the authority to make decisions about the case on behalf of the claimant, as well attending a court hearing for them if required.
Further information about elderly care claims
For more information about elderly care compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.