Care home negligence: what it is, how to claim, and what it is worth

Published 23 March 2026

TL;DR

Care home negligence occurs when a care home or nursing home fails to meet its duty of care to a resident, causing harm that proper care would have prevented
Common types include pressure sores, falls, medication errors, malnutrition, dehydration, and failure to follow care plans
The Bolam test applies: the care home must have acted in a way that no responsible body of care practitioners would have accepted
Care homes in England are regulated by the Care Quality Commission (CQC); a poor CQC rating or enforcement action can support a negligence claim but does not determine legal liability
You can bring a care home negligence claim on behalf of a relative who lacked capacity to bring it themselves, or on behalf of a deceased relative's estate
The time limit is three years from the incident, or from the date of knowledge, with special rules where the resident lacked mental capacity

Care home negligence is a form of medical and personal negligence arising from the care provided to residents in a care home or nursing home setting. The duty of care owed to residents arises both from the contract between the resident (or their family) and the provider, and from the common law. Nursing homes, which employ registered nurses and provide clinical treatment, owe a higher standard of clinical care than residential care homes, which provide personal care only.

When the care provided falls below the required standard and causes or contributes to a resident's injury, illness, or death, a care home negligence claim may arise. This guide explains what types of conduct give rise to claims, how the standard of care is assessed, and how to bring a claim.

What is care home negligence?

Care home negligence is any act or omission by a care home, its staff, or management that fell below the standard a reasonable care provider would have met, and that caused harm to a resident. The standard of care for clinical treatment in a nursing home is assessed under the Bolam test. For personal care (washing, feeding, moving, positioning), the standard is assessed against what a competent, reasonable care worker would have done in the same circumstances.

The Care Quality Commission regulates care homes in England under the Health and Social Care Act 2008. CQC's fundamental standards, including Regulation 12 (safe care and treatment), set minimum requirements for how care must be delivered. Failing to meet CQC's fundamental standards does not automatically establish legal negligence, but it is relevant evidence that the standard of care was not met.

For a general explanation of medical negligence and how the duty of care standard works, see the main guide.

What are the most common types of care home negligence?

Pressure sores (pressure ulcers) are one of the most common bases for a care home negligence claim. A pressure sore develops when sustained pressure on the skin restricts blood flow. Regular repositioning, pressure-relieving mattresses, and skin assessment are standard protocols. A grade 3 or grade 4 pressure sore that develops in a care home where repositioning records are absent or incomplete is strong evidence of a systemic failure.

Falls are the most frequent adverse event in care home settings. Care homes must complete falls risk assessments and implement appropriate prevention measures. A fall that occurs because a resident was left unsupervised in circumstances that the risk assessment identified as requiring supervision is a potential basis for a claim.

Medication errors in nursing homes include wrong dosage, wrong medication, missed doses of critical medicines, and failure to monitor for side effects of prescribed drugs. These are assessed under the Bolam standard applicable to the prescribing or administering practitioner.

Malnutrition and dehydration can develop in care homes when residents are not adequately monitored for weight loss, fluid intake, and nutritional needs. Care plans must address nutrition and hydration, and staff must document intake and act on deterioration.

Failure to follow care plans encompasses a broad range of omissions. A care plan that identifies a resident as at risk of aspiration and requires thickened fluids, but where staff routinely provide ordinary drinks, gives rise to a claim if the resident subsequently aspirates and suffers harm.

Falls in nursing home negligence claims also arise from inadequate staffing levels, where there were insufficient trained staff on duty to provide the supervision a resident's care plan required.

How does the Bolam test apply to care home negligence?

The Bolam test applies to the clinical and nursing care provided in nursing homes in the same way as it applies to hospitals. For personal care in residential homes, the standard is whether a reasonable and competent care worker would have acted differently.

A care home will not be in breach merely because an adverse event occurred. Falls can happen despite proper precautions; pressure sores can develop in high-risk patients despite correct repositioning protocols. The question is whether the care home's processes and individual staff actions met the standard that a reasonable body of providers would have accepted.

Where records are missing, care plans are absent, or monitoring protocols were not followed, the evidentiary position shifts. A care home that cannot demonstrate it followed its own care plan, or that took no action when deterioration was recorded, will struggle to show that it met the required standard.

Who can bring a care home negligence claim

A resident who has capacity can bring a claim themselves. Where a resident lacks mental capacity, a litigation friend (usually a family member or a professional) can bring the claim on their behalf.

Where a resident has died, the estate can bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934 for losses suffered by the estate up to the date of death. Dependants may have a separate claim under the Fatal Accidents Act 1976 for their own losses, including bereavement damages (currently £15,120 for a spouse or civil partner, or for the parents of an unmarried minor child).

It is important to note that a complaint to the CQC, or the CQC's own enforcement action, does not bring compensation to the resident or their family. A legal claim is the mechanism for obtaining compensation.

What is a care home negligence claim worth?

The value of a care home negligence claim depends on the injury caused and the financial losses flowing from it. General damages are assessed using the Judicial College Guidelines (17th edition, April 2024).

Pressure sores: significant grade 3 to grade 4 pressure sores with ongoing complications and permanent scarring are assessed in the JCG general wounds and scarring section, ranging from a few thousand pounds for minor scarring to higher sums for extensive damage requiring surgical treatment. Severe pressure sores causing sepsis and contributing to death attract higher awards.

Falls resulting in fractures are assessed in the JCG orthopaedic section. A hip fracture with full recovery may attract general damages of £7,000 to £15,000; a fracture with permanent disability is higher.

In cases where care home negligence contributed to a resident's death, the claim includes the estate's losses, dependency claims for qualifying dependants, and bereavement damages where applicable.

For a full breakdown of compensation ranges, see the compensation guide.

Time limits and how to start a claim

The limitation period for a care home negligence claim is three years from the date of the negligent act or the date of knowledge. Where a resident lacked mental capacity throughout, the limitation period does not run while that incapacity continues. After the resident's death, the estate has three years from the date of death (or the date of knowledge of the estate, if later) to bring a claim.

To start a claim, your solicitor will obtain the full care records, including care plans, medication administration records, incident reports, and any CQC inspection reports. An independent nursing or medical expert will then assess whether the standard of care was met and whether the breach caused the harm suffered.

For the step-by-step claims process, see the how to claim guide. For time limits in detail, see the time limits guide. Most solicitors who handle care home negligence claims work on a conditional fee basis: see the funding guide.

This page provides legal information, not legal advice. If you believe a family member has suffered care home negligence, speak to a qualified solicitor who specialises in clinical negligence. Time limits apply and early advice is important to preserve records.