Specialist Care Home Negligence Solicitors in Manchester and Oldham
Care home claims require solicitors who understand both clinical negligence law and the specific challenges of acting for elderly and vulnerable clients. Many residents have dementia or other conditions that affect their ability to recall or report what happened to them. Families often piece together the truth from fragmented information, care records, eyewitness accounts and medical notes.
At Garratts, our clinical negligence solicitors have secured compensation for families whose loved ones suffered avoidable harm in care homes and nursing homes. We instruct independent nursing experts, geriatricians and other specialists to examine the care records and establish what went wrong.
For a free, confidential consultation, call us on 0161 665 3502, email [email protected] or complete our contact form.
What Counts as Care Home Negligence?
Care homes have a duty to provide a reasonable standard of care. Not every injury or deterioration in a resident's health amounts to negligence. Elderly residents are often frail, and some decline is unavoidable.
Negligence occurs when the care provided falls below acceptable standards and that failure causes harm.
You may have grounds for a care home claim if:
- Falls happened repeatedly without proper risk assessment or preventative measures being put in place
- Pressure sores developed or worsened because staff failed to reposition residents, check skin condition or escalate concerns
- Medication was given incorrectly, at the wrong dose, or missed altogether
- Signs of infection, dehydration or malnutrition were ignored or not acted upon
- Injuries such as fractures were not identified promptly, delaying treatment and causing additional suffering
- A resident was moved or handled carelessly, causing injury
- Symptoms of serious illness were dismissed, delaying hospital admission
Types of Care Home Negligence Claims
Our team handles a wide range of care home negligence claims.
Falls and Fractures
Falls are the most common cause of injury in care homes. While not every fall is preventable, care homes must assess each resident's falls risk and take reasonable steps to reduce it.
Negligence may occur when:
- No falls risk assessment is carried out on admission or after a fall
- Residents known to be at risk are left unsupervised
- Call bells are not answered promptly
- Bed rails, walking aids or other equipment are not provided when needed
- A resident falls repeatedly without any change to their care plan
- Staff fail to recognise or report injuries after a fall
Pressure Sores
Pressure sores (also called pressure ulcers or bedsores) are largely preventable with proper care. They develop when a resident is left in the same position for too long, cutting off the blood supply to the skin.
Claims may arise when:
- Staff fail to reposition immobile residents at regular intervals
- Pressure-relieving mattresses or cushions are not provided
- Early warning signs such as redness or skin damage are not documented or escalated
- Wounds are not properly cleaned, dressed or monitored
- Sores progress to severe grades, exposing muscle or bone
Medication Errors
Care home residents often take multiple medications. Errors can have serious consequences.
Negligence may include:
- Administering the wrong medication or the wrong dose
- Missing doses of critical medication such as insulin, blood thinners or heart medication
- Failing to monitor for side effects or drug interactions
- Poor record-keeping that makes it impossible to know what was given and when
Malnutrition and Dehydration
Residents who need help eating or drinking rely on staff to ensure they receive adequate nutrition and fluids.
Claims may arise when:
- Food and drink are placed out of reach
- Residents are not given enough time or assistance to eat
- Weight loss or signs of dehydration are not identified or acted upon
- Dietary requirements or swallowing difficulties are ignored
Delayed Diagnosis and Treatment
Care home staff should recognise when a resident's condition is deteriorating and arrange for medical attention.
Negligence may occur when:
- Signs of stroke, heart attack or sepsis are missed
- Infections such as UTIs or chest infections are not identified or treated
- Residents are not sent to hospital when their condition requires it
- GPs or district nurses are not called when they should be
Handling and Moving Injuries
Residents who need assistance with mobility must be moved safely.
Claims may arise when:
- Staff use incorrect manual handling techniques
- Hoists or other equipment are not used when required
- Residents are dragged, dropped or injured during transfers
Case Studies
We have represented families in care home negligence claims across Greater Manchester and Cheshire. Here are three recent examples:
Failure to Identify Fractured Leg: £15,000
What happened: Mrs D was a resident in a local care home. Staff failed to identify that she had fractured her leg. The delay in diagnosis meant she did not receive appropriate treatment, and she subsequently developed pressure sores on her knee.
What we did: We obtained independent expert evidence confirming that the fracture should have been identified sooner and that the subsequent pressure sores were a direct consequence of the delay.
Outcome: We secured £15,000 in compensation for Mrs D's estate.
Fall in Rehabilitation Facility: £13,500
What happened: Our client was admitted to a rehabilitation facility following a period of ill health and required assistance for safe mobility. Despite this, he was left unattended while attempting to move independently. He fell heavily and fractured his neck of femur, requiring surgery and an extended period of rehabilitation that significantly delayed his overall recovery.
What we did: We obtained expert evidence confirming that the fall was entirely preventable and occurred because appropriate risk assessments and safety measures were not in place.
Outcome: The rehabilitation provider accepted liability, and we secured £13,500 in compensation for our client's injuries, pain, suffering and prolonged recovery.
Repeated Falls Leading to Fatal Head Injury: £7,500
What happened: Mr M suffered ten falls within a two-week period while resident in a care home. Each fall caused him physical pain and psychological distress. His final fall resulted in a serious head injury requiring hospitalisation. His condition deteriorated in hospital, and he sadly died.
What we did: We investigated the care home's falls risk assessments and care records. The evidence showed a clear failure to put adequate safeguards in place after the initial falls.
Outcome: We secured £7,500 in compensation for Mr M's estate.
Read more about these cases here.
Compensation in Care Home Claims
Care home claims often involve elderly residents in the final years of life. Courts take this into account when calculating compensation, but that doesn't mean these claims are worth less. The law recognises that pain, indignity and suffering matter regardless of age.
Compensation typically covers:
- The pain and distress caused by the injury itself, e.g. a fractured hip left undiagnosed, pressure sores allowed to deteriorate, or repeated falls causing fear and confusion
- Loss of dignity, particularly where neglect led to residents being left in soiled clothing or without adequate personal care
- The psychological impact on the resident, including anxiety, depression and loss of trust
- Any financial costs incurred, such as private treatment or additional care needs
- In fatal cases, funeral expenses and bereavement damages for close family members
Where the resident has died, their estate can bring a claim for the suffering they endured before death. Family members who were financially dependent on them may also have their own claims.
Proving Negligence in Care Home Claims
Care home negligence cases turn on evidence. We need to show that the home failed to provide a reasonable standard of care and that this failure directly caused harm to the resident.
The starting point is usually the care records. These should document observations, repositioning schedules, medication administration, incident reports and escalation decisions. Gaps, inconsistencies or missing records can themselves be evidence of poor practice.
We instruct independent nursing experts to review the documentation and compare what happened against the standards set out in CQC guidance and accepted care practice. Where medical issues are involved, such as the management of pressure wounds or the delayed identification of a fracture, we also instruct relevant medical specialists.
Time Limits
Most claims must be brought within three years. For care home claims, that clock typically starts when the family becomes aware that something went wrong, which may be well after the harm occurred.
If the resident has died, the three-year period usually runs from the date of death. If the resident is still alive but lacks mental capacity, there is no fixed deadline, but evidence degrades over time, staff move on, and care homes close. The sooner you investigate, the stronger your case.
Funding Your Claim
Most care home negligence claims we handle are funded on a No Win No Fee basis. You pay nothing up front. If the claim fails, you pay nothing. If it succeeds, a pre-agreed success fee is deducted from your compensation, but you keep the majority.
We'll also check whether your family has legal expenses cover, sometimes included with home insurance, that could help fund the claim.
Frequently Asked Questions
Can I bring a claim on behalf of a family member who has dementia?
Yes. If your loved one lacks the mental capacity to instruct solicitors themselves, you can bring a claim on their behalf as a Litigation Friend. Any compensation awarded is managed for their benefit.
What if my relative has already died?
You can bring a claim on behalf of their estate. Depending on the circumstances, you may also be able to claim as a dependant for your own financial losses following their death.
Will I need to go to court?
Most care home negligence claims settle before trial through negotiation or mediation. However, we prepare every case as though it will go to court, which strengthens your negotiating position.
How long will the claim take?
Care home claims typically take two to three years to resolve. We need time to obtain records, instruct experts and fully understand the harm caused. We won't settle until we're confident the compensation reflects the true impact of the negligence.
What if I'm not sure whether what happened was negligence?
Most people who contact us aren't sure. We obtain the care records and medical notes, then instruct independent experts to review them. Only then can we say whether the care fell below acceptable standards.
