Nursing home neglect

Ambre_Solaire

First of all, I don't know if this is in the right forum, but monkeyspanner has been so helpful in the past. My 84 year old Aunt suffered neglect in a nursing home, resulting in her breaking her leg, she then developed pneumonia and was in a critical condition. We made a complaint against the N/H to the local council who carried out an investigation which concluded "neglect has been substantiated", although it did not go into any details. We have approached a Solicitor with the council's conclusion who have agreed to take on the case.
If my Aunt is successful and is awarded damages how would this affect her with regard to the care home costs ? She is not a home owner, has no savings and is only in receipt of benefits, the majority of which have been taken off her to pay the care home. I think she now gets about £30 per week. I know the maximum capital you can have is around 23k. If she was awarded damages would this be classed as capital, or is there another way this could be paid ? Any advice greatly received

CKhalvashi

It will probably be classed as capital, and subject to the £23k rules.

It may be worth asking the question to the solicitor, as whilst I'm reasonably specialised in benefit law, I know nothing about Nursing Homes, as I'm nothing to do with Social Care on County Council.

CK

monkeyspanner

Sorry to hear about your Aunt. At one time I would have suggested going to the CQC but in the light of recent revelations it seems even the regulator is corrupt.

As CK says I would have thought it would be classed as capital but best to check with the solicitor. In addition if savings are under the £23000 limit but above around £13000 they would be subject to an assessed "notional income". Notional income is calculated as £1/week for every £250 above that savings limit. I would like to know where you can get an income equivalent of 20% when the best the banks are offering is around 2.5% but that is the rule.

Ambre_Solaire

Many thanks for your kind advice.
My Aunt actually broke her leg at the beginning of February as the result of a fall in the N/H. Medical assistance was not called for by the N/H. 10 days later I went to visit her, I was not advised that she had fallen and I brought to the attention of the staff my Aunts swollen leg. Still they did not call for medical attention and said that the GP would be visiting the Home 3 days later on his rounds, so they would ask him to take a look at her ! ! We took her straight to hospital where it was confirmed she had broken her leg and we were told she also had another injury to the bone, that must have occurred at least a week earlier ! The home is owned by a huge company B . . . My aunt has first stages of Dementia and would be classed as "poor". We are trying to make her final years as comfortable as possible

ILW

Ambre_Solaire wrote: »

Many thanks for your kind advice.
My Aunt actually broke her leg at the beginning of February as the result of a fall in the N/H. Medical assistance was not called for by the N/H. 10 days later I went to visit her, I was not advised that she had fallen and I brought to the attention of the staff my Aunts swollen leg. Still they did not call for medical attention and said that the GP would be visiting the Home 3 days later on his rounds, so they would ask him to take a look at her ! ! We took her straight to hospital where it was confirmed she had broken her leg and we were told she also had another injury to the bone, that must have occurred at least a week earlier ! The home is owned by a huge company B . . . My aunt has first stages of Dementia and would be classed as "poor". We are trying to make her final years as comfortable as possible

So what would you do with any compensation?

Ambre_Solaire

Why do you ask, what are you insinuating ?

ILW

Ambre_Solaire wrote: »

Why do you ask, what are you insinuating ?

Just wondered what the point of the exercise is. Is a few grand going to make her life more comfortable?

chesky

Money usually makes most peoples' lives more comfortable.

pelirocco

Ambre_Solaire wrote: »

Many thanks for your kind advice.
My Aunt actually broke her leg at the beginning of February as the result of a fall in the N/H. Medical assistance was not called for by the N/H. 10 days later I went to visit her, I was not advised that she had fallen and I brought to the attention of the staff my Aunts swollen leg. Still they did not call for medical attention and said that the GP would be visiting the Home 3 days later on his rounds, so they would ask him to take a look at her ! ! We took her straight to hospital where it was confirmed she had broken her leg and we were told she also had another injury to the bone, that must have occurred at least a week earlier ! The home is owned by a huge company B . . . My aunt has first stages of Dementia and would be classed as "poor". We are trying to make her final years as comfortable as possible

Hopefully she will be awarded a large payout , and use it to find a better home / fund better care . There is no need to worry about a reduction in benefits until after it has all been spent (on her )

pelirocco

ILW wrote: »

Just wondered what the point of the exercise is. Is a few grand going to make her life more comfortable?

It can do , the quality of care homes varies a lot , and unsurprisingly is quite often linked to the amount of money you have to spend

Ambre_Solaire

"Just wondered what the point of the exercise is. Is a few grand going to make her life more comfortable?"

Unbelievable ILW ! We are taking legal action after Social Services confirmed that "Neglect suffered by my Aunt had been substantiated" The Care Home being run by one of the largest Providers in the country allowed my Aunt to suffer for 10 days with a leg fractured in 2 places, they had her walking around on on zimmer frame ! There are many 80+ year old people in the same home, who do not have family to fight for them. We want the staff responsible to be made accountable for the neglect my Aunt suffered and as a result nearly died from additional complications

Yes "a few grand" would make an elderly lady's life more comfortable
Lets hope you never find yourself alone in a care home where the elderly are neglected and people have the same attitude as you !