Australia’s population is aging and as a result of medication and treatment, average life expectancies have increased dramatically over the last 20 years. Accordingly, more and more elderly and infirmed people will be placed in aged care and respite nursing homes and institutions. The ongoing health of people in such homes is totally subject to the quality of medical services provided by that institution.
The duty of care includes the responsibility a caregiver has to ensure a person can live their life safe from harm. For elder care, this duty involves giving patients the necessary amenities that help them maintain their mental and physical health.
Sadly, there are many instances where the legal obligations in aged care has not been adhered to and where aged and perhaps infirmed family members at nursing and aged care homes have suffered neglect including but not limited to:
Failure to make regular health checks on an infirmed and aged person following complaints by the patient or family members is another example of elder care abuse. This type of abuse may include not referring the patient for investigations including CAT scans and x-rays, or to appropriate medical specialists to treat common problems.
Aged care laws are shifting to ensure the facilities are better equipped to take in a growing number of Australian elderly. In 2019, the Australian government added $20 million to fighting against elder abuse facilities. “It includes support for specialist elder abuse units, family counselling and mediation services, and advancing health-justice partnerships,” says the Australian Attorney-General’s Department.
As far as compensation is concerned, the government committed $18.3 million to support elder abuse victims.
Our client alleged that he was a victim of a nurse at the nursing home poorly inserting/removing a catheter, resulting in a diagnosis of sepsis and subsequent death. At first, the nursing home was reluctant to disclose their practices, however, with our help, our client’s emotional deterioration due to his father’s abuse resulted in a payout of $116,500.
Our firm investigates and prosecutes thousands of successful medical negligence claims per year. We cover all upfront costs and disbursements irrespective of whether the case is successful or not.
Generally, 98% of our claims are successful and the definition of success is simply not just a win but winning by the maximum margin and achieving justice for our deserving clients.
The range of damages we will bring on behalf of our deserving victims of negligence in an aged and nursing care situation include the following:
Gerard Malouf & Partners (GMP Law) is THE leader in personal injury AUST-wide and has won an excess of $4 billion personal injury compensation for clients. If you want to achieve maximum justice in the minimum time concerning serious issues of negligence do not hesitate to contact us via our online enquiry form.
If the case is a relatively minor issue that doesn’t justify the bringing of legal action, you can make a complaint to the Aged Care Quality and Safety Commission by calling 1800 951 822.
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