Elder Abuse Compensation Claims
Claim compensation for elder abuse & negligence
What is elder abuse?
How can we help with elder abuse claims?
The claims process
Make contact with our elder abuse solicitors
Our support for Adult Protection Legislation
Elder abuse related news and information
Public Law Services for the elderly
Make a claim online now
What is elder abuse?
The charity, Action on Elder Abuse, estimates that more than 300,000 people over the age of 65 are victims of abuse. 25 per cent of the calls made to the charity relate to abuse in care homes or hospitals.
Abuse of the elderly does not just involve physical or sexual abuse. Elderly people can also be victims of financial abuse, such as the unauthorised accessing of money from accounts, or psychological abuse, such as bullying or neglect. This is the failure to provide basic necessities such as food and water, or the failure to provide adequate medical care.
Of course these are abuses of trust that can happen in any relationship, at any time of life. However, for elderly people, whose care may be entrusted to a local authority or institution (such as a nursing/care home), there is an even greater need for protection.
Despite the levels of mistreatment, it remains a largely hidden and ignored problem.
How we can help with elder abuse claims
We have a specialist team of lawyers who can advise on issues of elder abuse. We have been handling various types of claims on behalf of elderly clients for a number of years, seeking to improve the quality of our clients’ lives. We have the expertise needed to advise in this field, and understand the anxiety caused to our clients and their families.
Cases handled in our team often focus upon neglect in hospitals and nursing homes. We act for a large number of elderly clients or their relatives who are unhappy about the treatment which has been provided. Concerns often relate to the development of pressure sores, falls, malnutrition and dehydration. Often these problems could have been avoided with proper nursing care.
Elderly people are vulnerable and poor nursing care can have a significant effect upon their condition, speed and final outcome. Where somebody has suffered an injury as a result of poor care, we can advise on whether it is possible for them to bring a damages claim to compensate them for what has happened.
We can help with formal complaints to hospitals and care homes about treatment provided, and to the Commission for Social Care Inspection. In tragic cases where an elderly person has died as a result of neglect, we can also assist with the inquest to find out what went wrong.
Free, expert advice - Complete our online form >
The claims process
More than anything, we aim to keep things clear, simple and as straightforward as possible for our clients, so there’s no need for you to worry at any point about the legal complexities or technicalities of your case. You’ll be kept informed throughout the claims process:
- A free initial consultation gives us a clear understanding of your claim.
- If you have a case we assign our best legal team with the expertise to handle your claim.
- The legal team will investigate and build evidence to back up your case.
- We keep in touch with you throughout, so you’re always informed.
- Finally, with your approval, we arrive at the best settlement possible.
Make contact with our elder abuse solicitors
It’s important to speak to us as soon as possible about any elder abuse or nursing home negligence case – time limitation periods apply and investigating your claim is often easier if you begin proceedings quickly. Your initial consultation with us is free, and we’ll tell you then whether or not your case is worth pursuing. If it is, we’ll carry out our investigation of the case free of charge too.
Find out if you have a claim - Complete our online form >
Adult Protection Legislation – Call for Action
We are actively supporting the Action on Elder Abuse campaign which calls on the Government to introduce legislation that will protect vulnerable adults and older people following the “No Secrets” consultation launched by the Department of Health on 16th October 2008.
In England, Wales and Northern Ireland there is currently no legislation providing protection when an older person (or other adult) is subjected to abuse. The proposed consultation from the Department of Health, seeks to improve safeguards for these people and is asking for views on whether there is a need to introduce legislation.
Having worked on many cases involving horrific financial, sexual and physical abuse of the elderly and vulnerable, we believe that there is a need to introduce a legal framework to protect and support individuals both in their homes and within care organisations. As such we are supporting Action on Elder Abuse with their campaign to tackle these issues along with a call to address the problems which at present allow problems to go unchallenged and practices to continue unchanged.
For more information on the campaign, please click here.
Elder abuse related news and information
Charity warns that Government review must go further, or risk leaving older people with less legal protection than animals - Read here >
National law firm Irwin Mitchell supports the call for legislation to protect Older People - Read here >
More related news here
Elder abuse case studies
Department of Health website
Action on Elder Abuse website
October 2008 Action on Elder Abuse newsletter
Public Law Services for the elderly
Government and other public bodies have to act according to certain rules of conduct, and the role of public law is to make sure they abide by these rules. However if they do not, the effect on an individual can be in some cases be catastrophic. At Irwin Mitchell we have a public law team that can assist you in mounting a challenge to any agency or body that you feel is not fulfilling its duty to you.
As an older adult client you may face a situation where you feel discriminated against because of age or disability. In these circumstances we can advise you about challenging a definition on the basis either the system or a specific decision is unfair. Our team can challenge central and local government decisions by way of judicial review. In some cases it may be possible to obtain an injunction from the courts to ensure that immediate steps are taken, for example to ensure that a care regime is put in place for an individual who has serious needs which are unfulfilled.
Irwin Mitchell’s public law team can assist you with:
- Capacity issues – whether the older adult has the capacity to make a medical or care decision for him or herself. If not, the issue may need to be referred to the Court.
- Medical treatment cases – this includes health disputes relating to 'right to life' and 'right to die' cases.
- Social care disputes - this includes disputes with social services over placement and care regimes.
- Community care challenges - obtaining assessments and care provision. We are able to apply for emergency injunctions in the High Court to put care provision in place.
- Age and Disability Discrimination challenges.
- Health Treatment challenges – Irwin Mitchell act for a number of cancer patients and older adult patients seeking to challenge their local NHS trust’s refusal to provide drugs / therapies.
- Human Rights / Equal Treatment challenges.
- Judicial Reviews (including challenges to local and central government guidance).
- Advice on nursing and social care charges.
See how we can help you - Complete our online form >