Family sues Care Home for professional negligence

The family members of a 79 years old dementia patient are suing a care home in Congleton, Cheshire for professional negligence on the part of the carer.

The pensioner was killed in August 2008 when accidentally the male carer commenced a fire in the lady’s room with the cigarette lighter.

The old lady suffered grave burn injuries and died the next week in a city hospital in Manchester. The Chester Crown Court convicted the carer of murder and sentenced him to 27 years imprisonment in May 2009.

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The victim’s son and daughter-in-law have begun the legal battle against the founding healthcare of the care employee. According to them the decision to demand the compensation was not an easy one, they were quite happy with the other staff members of the care home who cared well but they are now fighting for their principles and not for the money involved.

The daughter-in-law said that the care home should take proper measures to check the background of the carers before employing them. The convicted carer had no criminal record but his medical record during the investigation process revealed that he had a history of starting fires.

They have confirmed that they are seeking professional negligence compensation on the grounds of vicarious liability which entails that the employ is responsible for the actions of his employee during their period of employment.

Updated on 16/07/2010

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