Compensation for a carer abuse claim
We specialise in claiming compensation for carer abuse. If having read this case study of our latest success you would like guidance on making a carer abuse claim yourself then contact our free legal helpline in confidence by phone on 0808 139 1597 or by email at [email protected]
We were contacted by our client, K, when she had serious concerns about the standard of care she was receiving. K had various disabilities and had been granted funding by her local authority to receive support with personal care.
Unfortunately, K experienced various difficulties with the level and nature of the care provided by the care company appointed by the local authority. She had been given a specific care plan, but when that care plan was not followed her levels of distress and anxiety increased significantly. This led to her self-harming.
Her carers also made various errors with her medication. There were numerous occasions where her medication was not collected or provided at the right time, which made it very difficult for her to manage her chronic pain, causing significant anxiety and distress. Furthermore, it was important for K, and part of her care plan, that she knew which carers would be coming. If there was an unavoidable change, she just needed to know before the carer actually arrived at door to enable her to manage her anxiety arising from childhood abuse. However the care company persistently failed to comply with this requirement.
K reported her concerns to the company but unfortunately the issues continued. This caused a significant and debilitating deterioration in her mental health. Her self-harming increased, and she suffered intense anxiety and low mood.
Things came to a head with one particularly distressing visit. One of the carers shouted at K and refused to leave the house when asked. This led to an agreement being reached that this particular carer would no longer provide care for K, except in emergencies and on the condition that K would receive prior warning so that she could prepare herself.
Unfortunately, this condition was not complied with. Furthermore, when the carer arrived unannounced she not only refused to undertake the care tasks as required but became aggressive. K felt powerless, extremely anxious and distressed. She pressed her lifeline button, such was her level of distress.
K made a formal complaint to the care company. When she did not receive an adequate response she contacted us for guidance on making a carer abuse claim
We considered the matter carefully. The law does not expect carers to provide a perfect service. The test is whether they have behaved in a reasonable fashion. Given the repeated problems, the contents of the care plans, and the awful impact it had all had on K, we felt that the care provided by the company had fallen below a reasonable standard. We therefore agreed to deal with K’s carer abuse claim on a No Win, No Fee basis.
The care company opposed the claim. We therefore obtained a report from an independent nursing expert who concluded that the company’s actions had been so poor that they amounted to emotional abuse.
However, the care company still refused to consider the claim and would not enter into negotiations. We therefore issued court proceedings. Happily, this had the effect of causing the care company to take a more sensible approach and an out of court settlement was soon reached.
K was extremely happy with the outcome of her carer abuse claim and felt that the company would now be more mindful of the requirements of care plans so that no one else would suffer as she did.
If you are thinking about claiming compensation for carer abuse and are looking for experienced solicitors with a track record of success who can work on a No Win, No Fee basis then contact us in confidence. Call 0808 139 1597 or email [email protected]