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Legal and ethical requirements in aged care

  • Gerard Malouf

Australia’s population is aging and as a result of medication and treatment, average life expectancies have increased dramatically over the last 20 years. Accordingly, more and more elderly and infirmed people will be placed in aged care and respite nursing homes and institutions. The ongoing health of people in such homes is totally subject to the quality of medical services provided by that institution.

What is duty of care in aged care?

The duty of care includes the responsibility a caregiver has to ensure a person can live their life safe from harm. For elder care, this duty involves giving patients the necessary amenities that help them maintain their mental and physical health.

Examples of breach of duty of care in aged care

Sadly, there are many instances where the legal obligations in aged care has not been adhered to and where aged and perhaps infirmed family members at nursing and aged care homes have suffered neglect including but not limited to:

  • Mental and emotional abuse.
  • Overmedication resulting in zombie-like states.
  • Failure to diagnose bedsores, infections and physical and emotional injuries to back neck shoulders following falls due to a lack of supervision.
  • Sexual and/or physical abuse.
  • Failure to provide adequate and balanced nutrition.
  • General neglect regarding hygiene that precipitates far more serious problems such as uncontrollable infection and bedsores.


Failure to make regular health checks on an infirmed and aged person following complaints by the patient or family members is another example of elder care abuse. This type of abuse may include not referring the patient for investigations including CAT scans and x-rays, or to appropriate medical specialists to treat common problems.

Damages and compensation available for abused aged care victims

Aged care laws are shifting to ensure the facilities are better equipped to take in a growing number of Australian elderly. In 2019, the Australian government added $20 million to fighting against elder abuse facilities. “It includes support for specialist elder abuse units, family counselling and mediation services, and advancing health-justice partnerships,” says the Australian Attorney-General’s Department. 

As far as compensation is concerned, the government committed $18.3 million to support elder abuse victims.

Case Summary: Man offered $116,500 for a nervous shock claim against an aged care home​

Our client alleged that he was a victim of a nurse at the nursing home poorly inserting/removing a catheter, resulting in a diagnosis of sepsis and subsequent death. At first, the nursing home was reluctant to disclose their practices, however, with our help, our client’s emotional deterioration due to his father’s abuse resulted in a payout of $116,500.

Why GMP Law?

Gerard Malouf & Partners are the leading legal specialists Australia wide in relation to medical negligence, aged care and elder care negligence claims.

Our firm investigates and prosecutes thousands of successful medical negligence claims per year. We cover all upfront costs and disbursements irrespective of whether the case is successful or not. 

Generally, 98% of our claims are successful and the definition of success is simply not just a win but winning by the maximum margin and achieving justice for our deserving clients.

The range of damages we will bring on behalf of our deserving victims of negligence in an aged and nursing care situation include the following:

  • Significant monetary damages limited to approximately $550,000 – being the maximum payable for pain, suffering and general embarrassment for not only the victim but also perhaps for family members where such a claim is justified.
  • Cost of past and future first-class medical care and treatment.
  • In extreme cases a claim for exemplary damages- damages which go far beyond the normal payment specified above to make an example of the outrageous conduct of the institution in question so as to be a significant deterrent for others in the industry.
  • Comprehensive legal costs so that the patient, aged care victim and/or a family member are not out-of-pocket whatsoever.
  • Where applicable a claim for wage loss assuming the patient has some ongoing residual earning capacity regarding investment.

Aged care legal advice​

Gerard Malouf & Partners (GMP Law) is THE leader in personal injury AUST-wide and has won an excess of $4 billion personal injury compensation for clients. If you want to achieve maximum justice in the minimum time concerning serious issues of negligence do not hesitate to contact us via our online enquiry form. 

If the case is a relatively minor issue that doesn’t justify the bringing of legal action, you can make a complaint to the Aged Care Quality and Safety Commission by calling 1800 951 822.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers
Class Actions
Class Actions
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Services
Services
Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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