Hospitals and care homes have a duty to respect the human rights of those in their care. When hospitals and care homes fail to uphold these rights through poor policy and practice, the results can be devastating from serious injury to long-term health issues, or even death. Increasingly healthcare services are being outsourced to private companies, but where they are carrying out a public function private companies also must protect the human rights of patients, families and their carers.
As one of the leading law firms in the UK for human rights challenges (Chambers 2017), Hodge Jones & Allen have an outstanding record of securing compensation, apologies, admissions of wrongdoing, as well as policy changes for our clients when their human rights have been breached.
We can help you take action against a hospital and care home if serious failings have infringed these human rights. Situations where human rights challenges could be brought include:
The guiding principle of the National Health Service is that it provides a comprehensive service based on clinical need, available to all irrespective of an individual’s ability to pay. Respect for human rights is at the heart of the constitution. The Human Rights Act protects your right to life and privacy. It also requires authorities to protect you from degrading treatment, or discrimination on grounds such as age and disability. Furthermore, hospitals and those responsible for care homes must fully investigate any breaches of these fundamental rights.
Standards of healthcare are not universally high and as hospitals and care homes come under increased pressure with the austerity drive and increasing patient numbers some are failing to provide an adequate level of care and treatment. It is often the most vulnerable in our society, particularly the elderly and disabled who suffer.
You may also have a claim for personal injury or medical negligence in which case, we work seamlessly with our claims lawyers in these departments to provide a comprehensive level of service for your case.
Our solicitors are passionate about protecting those who are vulnerable and you will find our team to be sympathetic and highly professional. We know the legal complexities of these cases inside out and will guide you every step of the way.
For instance Hodge Jones & Allen represented the family of a care home resident with learning disabilities, who was sexually abused by another resident in the care home. We successfully argued that the authorities should investigate the events, to comply with its human rights obligations to investigate incidents of inhuman and degrading treatment. This confirmed that previous incidents of sexual abuse were known about but not disclosed to the family. Guidelines put in place at the time of the abuse had not been implemented, putting the victim at risk. We were successful in obtaining an investigation into the wrongdoing, we achieved compensation for our client and an apology.
If you think you may have a claim in relation to mistreatment or neglect in a hospital or care home then our sympathetic lawyers can help.
Our hospital and care home claims specialists are part of our London based human rights in healthcare team. We have almost four decades of experience helping clients from around the UK with a wide variety of legal matters. For expert legal advice use our contact form or call us on 0808 250 6017 today.