World Alzheimer’s Month, celebrated annually in September, aims to raise awareness and support for those with dementia and combat neglectful care in care homes.
Despite being the UK’s leading cause of death and a significant health and social care issue, dementia is often overlooked.
This year, the Alzheimer’s Society is tackling the “forgotten dementia crisis” in the UK. They are doing this by sharing millions of personal stories from individuals impacted by dementia, building a powerful case for urgent action against the neglect of dementia patients in care homes.
What Exactly is Alzheimer’s?
Alzheimer’s disease is a brain disorder that affects memory, thinking, and daily activities due to the buildup of unusual proteins in the brain. It is a leading cause of disability for older adults and is expensive due to the cost of care homes.
In the UK, over 30% of people living with dementia reside in long-term care facilities, making up 4% of people aged 65 and over. The Care Quality Commission has noted a significant increase in care homes offering dementia services, highlighting a national issue with care safety.
Navigating the Transition to Residential Care
Deciding to move a loved one with dementia into a care home is often incredibly difficult for families. However, it can be the most suitable choice, especially for those with complex medical needs or following a professional needs assessment.
While many care homes offer excellent service, unfortunately, there are times when staff failures can result in poor treatment, injury, or outright neglect. This can stem from various issues, including underfunding, inadequate policies, staffing shortages, or even staff members misusing their authority.
Care home abuse cases are traumatic for everyone involved—the victims and their families. It is crucial to file claims promptly in these situations. This helps to hold those responsible accountable and can potentially lead to compensation.
Understanding Types of Care Home Malpractice
Dementia neglect in care homes is a grave concern, where residents living with dementia receive substandard care, resulting in both physical and emotional harm.
This often arises from various forms of medical negligence, including:
- Physical Neglect: This involves a failure to provide adequate personal care, such as bathing, toileting, dressing, and feeding. Such neglect can lead to severe injuries like pressure sores (also known as bedsores), which can result from compromised skin integrity and prolonged immobility. These injuries can worsen existing infections, lead to sepsis, and, in tragic cases, even death. Additionally, improper management, incorrect manual handling, or insufficient supervision can cause falls, often unwitnessed, leading to further injury.
- Emotional Neglect: This type of neglect manifests as social isolation, a lack of meaningful interaction, and a failure to address the resident’s emotional needs. The consequences can be significant distress and the development or worsening of mental health problems for the resident.
- Medical Neglect: For dementia patients, prescription errors are a serious and potentially life-threatening form of medical neglect. This can occur when staff administer incorrect medication, fail to provide necessary medical attention, or inadequately monitor vital health conditions.
- Environmental Neglect: This refers to residents living in unsafe or unsanitary conditions, such as dirty rooms, poor lighting, or inadequate temperature control. For dementia patients, environmental neglect can lead to malnutrition, dehydration, poor hygiene, and limited access to essential healthcare.
Prioritizing Protection: Safeguarding for Those Living with Dementia
Safeguarding is crucial for many adults considered vulnerable or at risk, including individuals with dementia, learning disabilities, sensory or physical disabilities, and even their careers.
People with dementia are particularly susceptible to abuse or neglect due to their cognitive symptoms.
These symptoms can include:
- Memory loss.
- Problems with concentrating, planning, and organising – which impacts decision-making and problem-solving.
- Communication difficulties
- Difficulties with orientation (knowing where they are or what time it is)
All of these factors make it much harder for individuals with dementia to protect themselves.
It is also important to consider carers, who might be struggling with being overburdened, isolated, lonely, or under immense stress. They can also be at risk of neglect and abuse, which can significantly affect their ability to provide care and look after themselves.
Raising a Safeguarding concern can make a real difference for their well-being. This can lead to a carer’s assessment, ensuring they receive the appropriate support for their caring role and a tailored review of their individual needs.
What Exactly is Safeguarding?
In the UK and Ireland, safeguarding is all about protecting people’s health, well-being, and human rights. This is especially true for children, young people, and vulnerable adults.
The Care Act 2014 specifically defines safeguarding as preventing abuse and neglect while actively promoting an adult’s well-being. It is a collaborative effort, bringing together individuals and organizations to stop risks and improve overall well-being. A key part of this is making sure that people’s views, wishes, feelings, and beliefs are considered in every decision made.
When we talk about safeguarding, the Care Act highlights six core principles:
- Empowerment: People should be supported and encouraged to make their own informed decisions.
- Prevention: It is always better to act before harm occurs.
- Proportionality: The response to a risk should be the least intrusive possible.
- Protection: Providing support and representation for those who need it most.
- Partnership: Finding local solutions by having services work closely with their communities. Everyone in the community plays a role in preventing, detecting, and reporting neglect and abuse.
- Accountability: Ensuring transparency and responsibility in all safeguarding practices.
It is worth noting that Wales and Northern Ireland have their own specific laws and best practices for safeguarding:
- Wales: The Social Services and Well-Being (Wales) Act 2014.
- Northern Ireland: The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
How do I make a claim?
If you feel that you or a loved one has suffered institutional abuse, you may be entitled to bring a claim.
Please contact one of our dedicated members of the team on 0113 200 9720, who will listen sympathetically to you and talk you through the claims process.
If you would prefer to reach out via email, please contact Carol Cook, the head of the department, at c.cook@oakwoodsolicitors.co.uk.
The team at Oakwood Solicitors will be able to give you confidential, no-obligation advice on the prospects of your case and whether you would be eligible to make a claim.
Frequently asked questions
Who can bring about a claim?
The victim of the negligence can bring a claim in their own right. However, it is often sadly the case that the victim is either unable to bring about a claim or has passed away.
In such circumstances, a claim can be brought on their behalf either by an appropriate person or a friend if the victim is still with us. If the victim has passed away, it can be brought by the executor of the estate or a surviving dependent of the victim.
Our specialist team will be able to discuss whether you have the right to bring about a claim, so if you or a loved one has been affected, do not hesitate to contact us.
How much is my claim worth?
It is often difficult to value clinical negligence claims at their outset, given the complexities involved. However, we will pursue two forms of compensation for you:
- General damages: An award of money for the pain and suffering you have endured as a result of the negligence.
- Special damages: An award for all of your out-of-pocket expenses, such as travel, medication costs, loss of earnings, and treatment costs, both past and future. This list is not exhaustive and is very case-specific.
How is my case funded?
The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay up front and nothing to pay if the claim is lost.
If you are successful in your claim, a deduction will be taken from your damages to cover the success fee and the shortfall in legal fees.
It may also be the case that an After the Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations.
If an ATE insurance policy has to be obtained, the cost of the same will be discussed with you at the appropriate point.
The cost of the ATE insurance policy is again taken from your damages and is only payable if you are successful with your claim.
Further information:
Abuse claims: Institutional Abuse
Dementia Care Home Negligence on the Rise.
Oakwood Solicitors Elderly Care and Care Home Abuse.
Gov: Supporting people living with dementia to be involved in adult safeguarding enquiries.
WHAT TO DO NEXT
If you or a loved one has suffered as a result of dementia medical abuse at a care home, get in touch today for a no-obligation consultation.
Choose one of the methods on the right-hand side of this page or call us on 0113 306 9001.
