Personal Protective Equipment (PPE) shortages, a lack of testing, and a vulnerable population have all combined to see care homes in England and Wales become Covid-19 hotspots during the pandemic.
According to the Office for National Statistic figures, there were 19,394 deaths involving Covid-19 of care home residents between 2 March and 12 June 2020, accounting for 29.3 per cent of all deaths of care home residents during that period.
People working in social care in England and Wales, were also hit hard by the virus, with the latest data showing they were twice as likely to die with Covid-19 as the general working-age population.
Richard Penn, a solicitor in the medical negligence team at Negligence Claimline outlines what your legal options are if you, or a loved one, have been affected by Covid-19 in a care home.
If you were left seriously ill or a loved one has died of Covid-19 in a care home, you may be entitled to claim compensation, as long as you can show that someone else’s negligence was to blame.
To prove negligence you must show the person responsible owed you a duty of care, that they breached this duty of care and that you or your loved one suffered injury as a result.
Care homes will automatically have a duty of care towards their residents, but under health and safety laws, all employers also have a legal duty to take all steps which are reasonably possible to ensure an employee’s health, safety and wellbeing – including carrying out regular risk assessments.
If, you or a loved one fell victim to Covid-19 in a care home and you could show this was caused, for example, by the care home not providing you with the correct PPE or because social distancing rules were not followed, you may be able to claim compensation.
How a solicitor can help
Our medical negligence experts will help you gather all the evidence, including any medical reports and witness statements you need to prove negligence and work hard to negotiate you the out-of-court financial settlement you deserve. If the case goes to court they will be with you through the whole procedure, ensuring the case you present is as robust as possible.
If a loved one has died, you can make a claim for compensation for fatal negligence if you are classed as a dependent of the deceased either financially dependent or relied on them to provide necessary care and assistance.
Under the Fatal Accidents Act 1976, if you are a dependent you can claim for:
- loss of income the deceased would have earned;
- loss of services dependency;
- a statutory bereavement award;
- loss of love, affection and companionship;
- the suffering experienced by the deceased as a result of the injury before death;
- financial losses suffered as a result of the injury up to the date of death, such as loss of earnings, medical expenses and treatment, and travel expenses;
- financial losses resulting from the death;
- funeral expenses; and
- probate fees.
Contact us today for a confidential discussion with one of our specialist medical negligence solicitors on 01245 253214 or email [email protected]