O'Reilly Doherty & Co Solicitors

Care home and nursing home negligence

Care home and nursing home negligence2025-07-16T09:54:27+00:00

Care home and nursing home negligence is when a loved one suffers when in residential care. The family trusts the care of their loved one to the nursing home, but too often, they suffer medical negligence and personal injury when in a care home.

The negligence may result in a personal injury, such as broken bones and cuts and bruises, due to a lack of duty of care by staff. Medical negligence, such as a lack of access to medical care or below-standard medical care, can cause the death of a patient in a nursing home.

Physical abuse, mental abuse, lack of hygiene, and lack of personal care are all forms of care home negligence. If you or a loved one suffers care and nursing home negligence, you may have a personal injury compensation claim*.

O’Reilly Doherty & Co Solicitors in Dublin can take on your case and help you obtain compensation for care home and nursing home negligence.

What is a care home and nursing home negligence claim*?

A care home and nursing home negligence claim* is when you seek compensation for the effects of the personal injury on your life or the life of a loved one. An elderly parent may not be able to care for themselves, but you can make a personal injury claim for any negligence they suffer when in care.

Care home and nursing home negligence in Ireland is on the rise. The lack of state-provided care and the poor quality of private care have led to cases of personal injury negligence making headlines.

More than 16,00 cases of elder abuse have been reported from Irish nursing homes over a recent five-year period. Psychological abuse accounted for 35% of reported cases, according to the HSE, with 4,379 cases of physical abuse in one year alone. Financial abuse figured in 19% of negligence cases, with physical abuse at 23% for patients in care homes in Ireland. 

The figures are high and are shocking for the families of those in nursing homes and care homes in Ireland.

O’Reilly Doherty & Co Solicitors have the experience to handle your care home negligence claim* with the respect such compensation claim*s deserve.

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If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our expert solicitors.

Common claims for care home and nursing home negligence

The common claims for care home and nursing home negligence range from physical abuse to a lack of personal care and financial abuse when money is stolen from a patient’s account.

A care home negligence claim* can seek compensation for the effects of the abuse on the loved one and on their family.

Personal injury claims for care home and nursing home negligence:

A patient suffering a personal injury in a care home is a very common compensation claim* in Ireland. An elderly person in care is a vulnerable patient and could easily suffer an injury if not cared for properly.

Types of personal injury claims in a nursing home:

  • Broken hip in a fall out of bed in a care home
  • Shoulder injury in a slip on a wet floor in a nursing home

  • Facial injuries in a trip while walking in the care home

O’Reilly Doherty & Co Solicitors can make a personal injury claim for the injuries suffered in a care home.

Malnutrition in nursing home patients can occur over time, and it is often a component of personal injury negligence compensation claim*s.

A patient in a care home may not get enough nutrition in their diet and could quickly begin to lose weight and suffer other side effects of having a poor diet, such as illness.

The nursing home has a duty of care to provide well-balanced meals to patients and to ensure the care home patient is taking their food and medications.

Neglect of any person in a care home could affect their health and cause their premature death.

Psychological abuse of a patient in a care home may not be obvious to the family and can happen outside of visiting hours. The patient may become withdrawn and even be scared of reporting the abuse.

Types of psychological abuse in a nursing home claims:

  • Patients being shouted at by staff of the care home
  • Patients being locked in their rooms by the staff in a nursing home

  • Patients have TV and visiting times removed in the care home

The dependents of a loved one in a nursing home may have a compensation claim* for the effects of any negligence.

Medical negligence involving a patient in a nursing home is another common type of compensation claim*, but the effects of the negligence may not become apparent to the patient’s loved ones until a significant amount of time has passed.

Types of medical negligence seen in a nursing home:

  • The elderly patient not receiving medication as prescribed
  • A care home patient not receiving medical care when needed

  • The nursing home patient not receiving the necessary physical therapy

O’Reilly Doherty & Co solicitors in Dublin can make your medical negligence compensation claim* for the abuse of a relation in the nursing home.

The lack of hygiene in a nursing care home can lead to the spread of infections among patients and may cause personal injury to those who suffer the consequences of inadequate care.

Lack of hygiene compensation claim*s in a nursing and care home:

  • Toilets and bathrooms not being cleaned for the patients
  • Common room areas not being cleaned in a nursing home

  • Patients not receiving personal hygiene services in the care home

A lack of hygiene spreads infection and can lead to psychological trauma for the patient who lives in a care home with poor standards of hygiene.

O’Reilly Doherty & Co solicitors have the experience to deal with your care home claims from day one and to help you help your loved one get compensation for the lack of care in the nursing home.

Can I claim compensation for care home negligence?

Yes, you can claim compensation for care home negligence. You claim for the effects of medical negligence on the life of a loved one today and in the future. 

The impact of the care negligence on the life of your elderly parent, a spouse or another family member can be a serious injury, mental health issues and sometimes their death, and you can claim compensation on their behalf for the poor care and lack of services.

The level of compensation awarded for nursing and care home negligence is different for every claim. The effects of poor hygiene standards and inadequate care can vary significantly from one individual to another.

In every compensation claim* for negligence, the injured party claims damages for the effects on their life today and in the future.

Damages in a nursing and care home negligence compensation claim* are a combination of:

General Damages in a care home negligence claim* are compensation for what is known as the Loss of Amenity in life.

A resident of a nursing home who experienced negligence could have:

  • Have unnecessary pain and discomfort
  • Pain and unnecessary suffering

  • Difficulty in walking, exercising, getting out of bed

  • A difficulty in doing the tasks they could do before the negligence.

You claim compensation for this Loss of Amenity due to negligence by the care services responsible for the nursing home.

Special Damages in a care home compensation claim* are for the financial costs to the family of caring for the loved one who suffered an injury and the lack of care while in a nursing home.

Dependents claim the Special Damages for costs and financial losses such as Medical Bills, Loss of Income, Out of Pocket Expenses and paying for other care services needed.

O’Reilly Doherty & Co. Solicitors have the experience of claiming compensation and will be with you at every step of the personal injury negligence claim*.

Who is at fault for the care and nursing home negligence?

The HSE, which runs the care home, or the private operators of the nursing home may be at fault for the negligence in the care provided to residents.

In Ireland, the HSE has charge of care services and community hospitals and is responsible for providing care and all the other services necessary for children and adults who need it. 

The HSE hires medical staff for hospitals and care facilities, as well as the administrative staff who manage them. You can make a care home negligence claim* for compensation against the HSE for the lack of care.

If a private operator runs the care home or nursing home, the family can make a negligence claim* against the owners. In Ireland, many care homes are privately run, and you make the compensation claim* against the management company.

You can make a care home compensation claim* against those responsible for the lack of care in a HSE home or a private care centre.

What if a victim care home negligence is unable to make a claim*?

If a resident of a care home is unable to make a compensation claim*, their family or dependents can make a claim against the HSE or the private operator of the nursing home.

Dependents can claim for the lack of professional care in the medical treatment of their loved one and for the negligence in day services, medical treatment, everyday care, and emergency care that led to the personal injury.

If a dependent is too ill or unable to make a negligence claim*, their family or dependents can make the compensation claim* on their behalf.

The loved ones left behind in the case of the death of a loved one due to health care negligence in a nursing home may make the compensation claim* for any effects on their lives due to the loss of the patient.

Those who can make a compensation claim* when the patient cannot:

  • The spouse of the victim of care home negligence
  • A parent of a child who suffers negligence in a care home
  • A step-parent
  • A grandparent

  • A child

  • A step-child

  • An adult-dependent

  • Family members who relied on the resident for financial support
  • A sister or brother

  • A half-brother or sister

Care home negligence claim*s* may take time, but having the right solicitor on your side can make the process easier in what can be very troubling times.

O’Reilly Doherty & Co. Solicitors in Dublin can tell you precisely what is needed and arrange for you to see the necessary experts when making a negligence compensation claim*.

What evidence do I need to make a care home negligence claim* in Ireland?

To make a care home negligence claim* in Ireland, you may need to gather evidence, such as medical records, accident reports and staff notes.

In any negligence claim*, the smallest piece of evidence could make the biggest difference in making yours a successful compensation case.

Evidence to make a care home and nursing home negligence claim*:

  • Hospital medical records
  • Copy of any medical tests, scans and X-rays made after an accident
  • HSE incident reports on the possible errors made in your case

  • A medical report from an independent doctor

  • Financial report on the impact of the medical negligence on your income

  • Report from a physiotherapist if necessary

  • Report from a psychologist if necessary

  • A personal account of what happened to you

  • An account of what happened to your life by a family member

  • Photographs of any injuries

The more evidence you can gather, the better it may be for the claim for negligence in the care home. Our team of medical negligence solicitors will tell you what evidence they need and how to get it.

You should ask the loved one to write down what happened as soon as possible while their experience is still fresh in their memory.

O’Reilly Doherty & Co Solicitors in Dublin can tell you exactly what is needed and arrange for you to see the necessary experts when making a compensation claim*.

Make a care home negligence claim* for compensation today

Make a care home negligence claim* for compensation today by contacting O’Reilly Doherty & Co Solicitors. We have the team in place to make your claim and get you compensation for the injuries.

Personal injury negligence can be a complicated process, but with the right solicitor on your side, you can get the compensation you and the family deserve.

Your loved one suffered the trauma, the abuse, and the suffering due to a lack of care while in a care home, and they may have a compensation claim*.

O’Reilly Doherty & Co. Solicitors in Dublin will help make the care home negligence compensation claim*.

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