Common aged care claims
- Falls - particularly where a fall was foreseeable (cognitive impairment, prior falls, mobility issues) and prevention failed
- Pressure injuries (bedsores) - generally preventable with adequate repositioning; severe pressure injuries indicate systemic care failures
- Medication errors - wrong drug, wrong dose, wrong time
- Choking and aspiration - particularly for residents with swallowing difficulties
- Wandering and elopement - residents leaving facility unsupervised
- Assault by other residents - where supervision failures allowed
- Sexual abuse / assault - by staff or other residents
- Neglect leading to dehydration, malnutrition, hygiene breakdown
Aged Care Royal Commission context
The 2018-2021 Royal Commission into Aged Care Quality and Safety documented widespread failings in Australian residential aged care. Its findings have:
- Strengthened the case for negligence claims by establishing minimum standards
- Led to higher minimum staffing ratios from 2023
- Increased Department of Health regulatory oversight
- Made aged care providers more aware of liability exposure
Failures to meet post-Royal Commission standards are evidence of negligence in modern aged care claims.
Evidence in aged care claims
- Care plans and clinical notes - request copies under privacy law
- Incident reports (facilities are required to make and retain these)
- Medication administration records
- Staffing rosters at the time of the incident
- Family complaint records
- Independent expert review of care standards
- Aged Care Quality and Safety Commission complaints / findings
Compensation amounts
- Minor fall with full recovery: $20,000 – $80,000
- Hip fracture from preventable fall: $80,000 – $400,000
- Severe pressure injury with surgical treatment: $80,000 – $300,000
- Death from neglect / preventable cause (dependency claim): $100,000 – $1,000,000+
- Sexual assault by staff: $200,000 – $1,500,000+
- Medication error with serious adverse outcome: $80,000 – $800,000