Ongoing oversight in aged care standards
As the demand for aged care services grows with Australia’s ageing population, ensuring quality care for older Australians is more important than ever. Media reports continue to expose disturbing cases of neglect and abuse in the aged care sector, including the management of unsupervised falls, dehydration, ulcers and pressure wounds, inappropriate restraint, and assaults. In response, pursuing claims against aged care facilities—through formal complaints or legal action—is crucial for justice and accountability.
Making an aged care complaint
As a first step, many choose to make a complaint about poor treatment:
- Aged Care Quality and Safety Commission (ACQSC): This body handles complaints related to aged care services. Complaints can be lodged via phone at 1800 951 822 for general concerns or 1800 844 044 for food, nutrition, and dining-related issues.
- My Aged Care: Concerns about services can be directed here. Contact options include phone at 1800 200 422 or mail to My Aged Care Complaints, PO Box 1237, Runaway Bay, QLD 4216.
- Older Persons Advocacy Network (OPAN): Offers free, confidential advocacy services to assist in making decisions, understanding rights, and supporting the complaint process. Contact them at 1800 700 600.
Steps to lodge a complaint
- Identify the issue: Clearly define the concern, including specific incidents, dates, and individuals involved.
- Contact the service provider: Initially, address the issue directly with the aged care provider to seek an immediate resolution.
- Escalate if necessary: If unsatisfied with the provider’s response, escalate the complaint to the appropriate external body, such as the ACQSC or My Aged Care.
- Seek advocacy support: Engage with organisations like OPAN for guidance and support throughout the process.
Whilst a complaint to these agencies will be investigated and in most instances, a report will be issued, many family members are dissatisfied with the ultimate outcome. The reason for this is that a complaint will – in the mind of the family – fail to properly address their concerns with no sanctions ever applied and with no available remedy.
The next step for family members is to seek advice in regard to their legal right to make a negligence claim.
Taking legal action for aged care negligence
Aged care providers will – in contrast to the complaint avenues detailed above – certainly lead to sanctions and act to deter similar action by providers in the future.
At Catherine Henry Lawyers, we can:
- Assist families in preparing a complaint
- Follow up the complaint with the relevant provider
- Help to navigate aged care regulation
- Act as the advocate for the family and/or resident
- Advise and prepare a negligence claim
- Obtain compensation for the wrongdoing.
How will we prove aged care negligence?
Residents may be unable to give evidence, but their families can provide first-hand accounts supported by photographs and CCTV footage from aged care facilities. In many cases, the allegations are indefensible. Aged care facilities are required to maintain records of clinical care, and access to these records is possible. These records serve as crucial evidence, shedding light on the quality of care – or lack thereof – provided.
Examples include:
- Severe grade 4 bedsores
- Prolonged and inappropriate use of antipsychotic medication
- Administering antipsychotic drugs to residents who do not require them
- Failure to treat infections leading to death
- Inadequate wound care
- Failure to monitor blood sugar levels and properly manage diabetes, and
- Neglect resulting in malnutrition or dehydration.
Reports to the Aged Care Quality and Safety Commission on whether the provider has complied with quality of care principles may also be critical in determining instances of neglect.
Ultimately, using evidence provided by families, contemporaneous photographic and video evidence, together with medical records from the aged care facility and third-party providers (e.g., GPs and hospitals), we can obtain accurate expert evidence as to whether the care provided is acceptable in a first world country such as Australia.
Are damages payable?
If negligence is proven, compensation will usually be awarded for out-of-pocket expenses and pain and suffering. In cases of “outrageous intentional conduct,” such as physical restraint, assault, or, in extreme cases, murder, exemplary damages may also be payable.
When an elderly resident dies, grieving family members may be entitled to damages for mental harm. While these damages are typically modest, they depend on the severity of the psychological impact on the individual. In cases where families have witnessed egregious neglect that placed their loved one in life-threatening danger, compensation can be significant. Given the complexities involved, most cases are resolved through negotiation, and pursuing a claim before initiating legal proceedings is often the most effective approach.
Is it worth going to court?
Many problems that lead to serious medical error are systemic in nature; that is, they don’t occur in isolation but are part of a chain of events, such as the way medications are stored, leading to preventable error. There is a clear connection between the incidence of serious preventable errors and inadequate staffing, high staff turnover or the use of under-qualified and overworked staff.
Alliances are developing between aged care advocacy groups and lawyers who see that litigation may be the best way to highlight systemic problems in aged care and improve standards. Litigation also affects the bottom line, providing an economic incentive for aged care providers to improve resident care.
In bringing negligence action, you are stating publicly that you have, or a loved one has, been harmed by the carelessness or substandard behaviour of a person or institution who owed you duty of care. By standing up and speaking out, you are helping to prevent others from being harmed by a similar event in the future. Insurance companies and negligent care providers do not want you to enforce your legal rights and speak out against the care that you or a loved one has received.
Looking for a lawyer specialising in Aged Care? Contact Catherine Henry Lawyers
Addressing concerns in aged care requires an understanding of the available legal and formal complaint avenues. Whether considering litigation or lodging a complaint, it’s essential to be informed and seek expert support to ensure the rights and well-being of aged care recipients are protected.
Our aged care lawyers have extensive experience in aged care formal complaints and negligence matters. To confidentially discuss your needs, contact us on 1800 874 949 or fill in the form below and we will be in touch.
