Covid-19 Deaths and Care Homes – Can I Make A Claim?
The past six months have been dominated by news of the Covid-19 pandemic, and while the numbers of deaths have reduced greatly since the peak in the Spring, there is growing concern over whether some of the deaths could have been avoided.
The Daily Mirror has recently reported on a case being brought by the family of a couple, both 81, who lived in a care home in Essex and tragically died only eight days apart https://www.mirror.co.uk/news/uk-news/family-launches-first-coronavirus-legal-22075943 . According to the story, the family had installed a camera in the husband’s room (with the consent of the care home) which apparently showed staff tending to him without using any personal protective equipment (PPE).
We are not going to comment directly on the case, but we can provide some guidance to anyone whose loved one may have died from Covid-19 in a care home, as well as anyone who works in a care home and who may have caught Covid-19.
It is estimated that over 10,000 people have died in care homes from Covid-19, and given that the majority of care home residents don’t leave the home, it seems obvious that the outbreaks must have been brought into the homes by either members of staff or patients returning from hospital.
The number of cases around the world suggests that Covid-19 is very contagious and very difficult to avoid, but there has been widespread advice and guidance throughout about measures that can reduce the risks of catching it or passing it on. This includes the use of social distancing and PPE, such as masks, face shields, gloves and aprons.
In care homes, staff necessarily need to come into close contact with the residents, so social distancing is not really practical. The vast majority of care home workers do an amazing job caring for vulnerable people, and during the pandemic they have done a fantastic job, often putting their own health on the line. However, what has been clear throughout is that PPE has been a necessity.
In law, care homes owe a duty of care to their residents to take all reasonable care to protect their health. They also owe a duty of care to protect the health of their employees. At a time when it was known that such residents and employees were vulnerable to a potentially deadly virus, care homes should have been using PPE when providing close care to residents, so as to protect both the residents and the staff. If a resident contracted Covid-19 from a carer who was not using PPE, or a member of staff contracted it from a resident because they had not been provided PPE by their employer, there may have been a breach of duty of care and it might be possible to bring a claim. However, it might not be as straightforward as this.
There was widespread discussion in the news in the early days of the pandemic about there being PPE shortages and PPE not being available to care homes. If care was being given without PPE – but the care home had been unable to source and provide PPE because of a national shortage – there would probably be no claim against the care home. However, there would probably be a claim if PPE was available but not supplied to the staff.
There are thousands of families in the UK who are probably very concerned about the death of their loved ones either as an employee or a resident in a care home. They are probably wondering whether the death was avoidable. Unfortunately, the answer is that some of the deaths probably were avoidable.
If a person dies as a result of the negligence of another person or organisation, it is possible to bring a claim for compensation. Such a claim would include damages for the person’s pain and suffering, the costs of their funeral and, if the person was married and their spouse is still alive, a bereavement payment in the amount of £15,120 for deaths since 1st May 2020 or £12,980 for deaths before 1st May. Other losses may be claimed for depending on the circumstances.
Our advice to any family that is concerned about the Covid-19 related death of a loved one in a care home is that they should contact us for a free, no obligation discussion with one of our expert personal injury solicitors about the circumstances of the case and we will be able to advise on whether there is or is not a claim, and what can be done next. If the case is taken on, it will be run as a no win no fee claim against the owner or operator of the home; not the individual members of staff. You can contact us on 0800 195 6412 or 01270 254064.
