We share the Newcastle Herald’s serious concern regarding aged care negligence and “horrifying failures” at “non-compliant” residential aged care services.
It is important that residents and their families know that they have the right to take action against poorly managed aged care facilities, especially when those facilities are determined to be “sub-standard” and/or “non-compliant” by the Aged Care Quality and Safety Commission (ACQSC).
If you, or someone you know, have suffered physical or psychological injuries as the result of poor or incompetent care at an aged care facility, it is important to understand your potential legal options. It is also essential to act quickly as there are time limits which apply to actions in medical negligence and intentional torts.
Which Hunter facilities are failing to meet required standards
We understand that all of the following have been identified as “non-compliant” and/or requiring “significant improvements” according to the ACQSC:
- Bupa Aged Care Waratah – 219 Christo Road, Waratah NSW
- SummitCare Wallsend – 7 Bent Street, Wallsend NSW;
- BaptistCare Warabrook – 24 Casuarina Circuit, Warabrook NSW;
- Alton Lodge Cooranbong – 549-551 Freemans Drive, Cooranbong NSW;
- Uniting Irwin Hall Mayfield – 13-15 Section St, Mayfield NSW; and
- Anglican Care McIntosh Court – 87 Toronto Rd, Booragul NSW
What were the complaints which have been substantiated?
There have been a range of failings identified by staff, residents and loved ones regarding sub-standard living conditions and health care, including but not limited to the following:
- Regular assaults on residents and staff;
- Residents found to be in severe, untreated pain;
- Residents found with “oozing” and infected wounds;
- Improper use of restraints, including “chemical restraints” (which involves the improper use of medication to sedate patients/residents often used instead of actually identifying and treating the source of their irritation/behaviours);
- Poor management of people with advanced Alzheimer’s disease and dementia;
- Poor or virtually non-existent nursing care, including management of in-dwelling urinary catheters;
- Failing to manage residents with chronic conditions, such as diabetes;
- Failing to monitor general health of residents, including dangerous weight loss;
- Failing to protect residents against repeated violence and abuse.
What have the authorities done to protect the public from dangerous residential aged care negligence and what more can be done?
Regrettably, the answer at this point in time, is “not enough”.
- Residents and their families may wish to get involved with the public consultation process on revised Quality Standards: https://www.agedcarequality.gov.au/news/latest-news/public-consultation-launches-revised-quality-standards
According to its website, The Department of Health and Aged Care is conducting a public consultation for the revised Aged Care Quality Standards from 17 October – 25 November 2022.
- Residents and their families can also contact the Aged Care Quality and Safety Commission (ACQSC), to make formal complaints: https://www.agedcarequality.gov.au/making-complaint
- There was a Royal Commission into Aged Care Quality and Safety
(8 October 2018 – 26 February 2021). It has now been more than
18 months since the Commission’ final report was issued, including 148 sweeping recommendations to reform aged care and other residential care services.
Our view is that all levels of government must do better to protect our most vulnerable loved ones in aged and other residential care services.
Unfortunately, these services are run for profit and providing adequate staffing and care is clearly not as profitable as the alternative. Until government regulations, fines and sanctions reach a level which makes it unsustainable for an aged care service to continue operating under a cloud of complaints and adverse findings, it does not seem likely we will see much improvement.
In these circumstances, ageing Australians and their families are encouraged to educate themselves, as being forewarned is forearmed.
What else can residents and families do?
Residents and families affected by sub-standard or non-compliant residential aged care facilities have a number of potential avenues of recourse:
- Make a formal complaint (as outlined above).
- Organise to transfer to other, higher performing facilities.
- Court Proceedings for Damages – residents and their families can make a common law claim in medical negligence and/or intentional tort for injuries as the result of poor health care and negligence – as well as assaults and trespasses perpetrated against them.
If a resident or close family member claims damages for personal injuries that they have received as a result of either medical negligence or intentional tort, they could seek compensation for any losses caused by the injuries, including:
- the loss of income or income earning capacity;
- the care they require and are provided (either commercially or by their loved ones);
- and for loss of enjoyment of life, pain and suffering.
What are the steps in making a claim against a residential aged care facility?
Contact Us
We can speak with you either in person, by audio visual means, or by telephone, by way of a free initial consultation – in order to understand the circumstances of your potential claim. We will talk to you about your case and advise initially whether we think the case is worth your while to investigate.
Obtain Your Clinical Notes
If we agree that your case has prospects of succeeding, we will request your relevant clinical records (as well as any relevant police records). Once we have reviewed those records thoroughly, we will advise you whether we think there is merit in pursuing a claim.
Court Proceedings
Once we have the supporting documents and evidence necessary to commence court proceedings, we can do so on your behalf and act for you in those proceedings until the case is resolved.
Are there time limits in making a claim against residential care facilities?
Yes, generally three (3) years from the date on which a personal injury becomes discoverable, and not more than twelve (12) years after the offending took place.
It is extremely important to speak with a solicitor as soon as possible if you think you have a claim in regards to aged care negligence.
