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Long-Term Care Negligence and Elder Abuse Lawyers

Liability of Long-Term Care Facilities and Retirement Homes

The Long-Term Care Homes Act and the Retirement Homes Act mandate the level of care to be provided to residents of long-term care facilities, nursing homes and retirement homes. Yet, statistics are released daily indicating that the greatest number of those contracting COVID-19 and those dying from the virus reside or work in these facilities.

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Understanding Resident Rights

All facilities in Ontario that provide residential care for the elderly are governed by provincial legislation that mandates the level of care. Why are these homes particularly susceptible to COVID-19? Even before the pandemic, there were several reports of long-term care homes and nursing homes being understaffed, and there were reports of abuse and neglect. During this pandemic there are several reports of insufficient testing of residents and staff, insufficient quantities of personal protective equipment (PPE) and insufficient efforts of physical distancing measures being implemented in these homes.

There are some steps that you can take to lodge a complaint about the level of care your loved one is receiving. If your family member contracts COVID-19 and this results in serious illness or death then you may advance a lawsuit.

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Abuse and Neglect

You rely on long-term care and nursing homes to care for your family members and provide for their physical and mental wellbeing. While abuse and neglect can occur for a number of reasons, they may be a symptom of a larger problem within the facility, such as understaffing.

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Wrongful Death

When a resident dies due to the negligence of a care facility, family members may commence a claim. The lawyers at Beckett are here to help provide answers and guide families.

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Fighting for Frontline Workers

Frontline workers have continued to work with residents of retirement homes and long-term care facilities throughout the COVID-19 pandemic, often at great risk to their own health. There are numerous reports of administrators failing to provide an adequate supply of PPE to its workers and failing to have testing and policies in place to ensure that its employees can provide care without jeopardizing their own health.

If you are an employee of a retirement home or long-term care facility who contracted COVID-19 from your workplace then you may be able to pursue compensation for your pain and suffering, income loss, cost of treatment and out-of-pocket expenses.

How to File a Complaint

If you have concerns about the care a loved one is receiving, there are several ways you can make an inquiry or complaint. Our injury lawyers are available to talk you through your options.

Make a complaint to staff or management
Care facilities are required to investigate all complaints and submit a report of their investigation to the Ministry of Health and Long-Term Care.

Contact the Ministry of Health and Long-Term Care
It can be reached via the Ministry’s ACTION line at 1-866-434-0144. You may also write a letter to the Director, Ministry of Health and Long-Term Care, Performance Improvement and Compliance Branch (11th Floor, 1075 Bay Street, Toronto, Ontario, M5S 2B1).

File a complaint with the Retirement Homes Regulatory Authority
If you are concerned with the level of care within a retirement home, a complaint form can be downloaded here.

Frequently Asked Questions

What types of compensation are available from a negligence claim?

There are several categories of damages involved in most injury claims. Some or all of these types of damages may apply depending on the facts of your case:

A resident who is injured may be entitled to compensation for pain and suffering, past and future health care and housekeeping expenses.

Family members may be entitled to compensation for the loss of care, guidance and companionship they would have received had their loved one not been ill/injured.

Family members may also claim lost income, travel and funeral expenses and other out-of-pocket expenses.
What is the difference between an individual lawsuit and a class action?

An individual personal injury lawsuit is started by an injured person and/or their family members. The individual and family members receive advice from their personal injury lawyer about decisions to be made in the lawsuit and the settlement amount of their claims.

A class action is a lawsuit brought by one or more representative plaintiffs on behalf of a class (or group) of people who have similar claims. The representative plaintiff makes decisions with his or her lawyer about the proceeding and settlements.

Class actions can be an effective way of achieving compensation for people whose claims are smaller. It may also be suitable for individuals who do not wish to be involved in the decision-making of their case.

The terms of settlement of a class action apply to all class members unless a person has removed him or herself from the class action. This is referred to as “opting not”. A person may wish to opt out of a class action and begin an individual lawsuit.
When might you want to opt out of a class action?

It may be preferable to opt out where your claims for compensation are different than the rest of the members of the class. Class actions are not always appropriate in personal injury cases where the extent of injury varies from one person to another. With individual lawsuits, compensation is based on the assessment of evidence in each individual case. Recovery can be higher from an individual lawsuit.
How do you opt out of a class action?

There is one opportunity for individuals to opt out of a class action and the window of time to do so is limited. The opt out procedure is included in the Notice of Certification. If you are considering opting-out of a class action and prefer to commence an individual lawsuit, contact us for more information.