Our client sues care home for medical negligence.
Marta*, who suffers from cerebral palsy and an intellectual disability, lived in a care facility. She communicates basic information verbally, uses a wheelchair, and also requires round-the-clock personal care. Marta’s mother acts as her legal guardian and tutor.
Suing for Medical Negligence
In March 2021*, Marta developed severe constipation that led to a bowel impaction. However, the care home delayed seeking medical treatment for her condition. As a result, Marta had to have surgery instead of less invasive treatment. Unfortunately, this delay in treatment led to significant pain and complications.
Suing for Sexual Abuse Allegations in Care Home
Marta also faced ongoing sexual assault and battery from a staff member at the care facility. Despite multiple complaints raised by other staff members and Marta’s mother, the facility failed to take appropriate action. The sexual abuse included inappropriate touching and other forms of sexual misconduct.
Marta’s legal team sued the care for medical negligence and vicarious liability for the actions of the staff member who assaulted her. The case involved claims of personal injury due to the sexual abuse Marta suffered. The staff member was also charged with aggravated indecent assault and misconduct, but a jury found him not guilty a few years ago.
Using Mediation for Settlement
The matter was resolved through mediation. Then, the care home agreed to compensate Marta for the personal injury, assault, and battery claims. In the end, this settlement spared her family the stress of a trial and ensured Marta received the necessary support and acknowledgment for her suffering.
Outcome and Significance
The settlement was considered a good outcome. Concerns about unfavorable witness testimonies were a factor in the decision to settle. This case highlights the importance of proper care and the need for accountability in care facilities, ensuring vulnerable individuals receive the protection and support they deserve.
Therefore, our client sued her care home for personal injury from medical negligence, sexual assault, and battery.
Sues care home for medical negligence
Marta’s case underscores the need for rigorous oversight in care facilities. We need to protect the most vulnerable individuals from harm and neglect. It also demonstrates how the legal system can provide a pathway to justice and compensation for victims.
Furthermore, this case serves as a reminder to all care providers of their duty to respond promptly when people make complaints. Therefore, continuous training and strict adherence to protocols are essential to prevent such incidents and ensure the well-being of all residents.
Civil lawyer: Sues care home for medical negligence
If you or someone you know has been a victim whilst in a care home, get in touch with our civil lawyers today. To get in touch, please call (02) 9261 4281, or email . We can help arrange a free, confidential consultation for you.
We are here to support you every step of the way in your journey towards justice.
