Dublin nursing home resident brings High Court damages case over alleged treatment
A resident of a north
Dublin
nursing home criticised in an
RTÉ
documentary over inadequate workforce levels and poor practices has initiated a
High Court
damages case arising from his alleged treatment in the home.
Solicitor Thomas Loomes confirmed to The Irish Times on Tuesday he has issued proceedings on behalf of Patrick Manley against Emeis Ireland, owner of the First Care Beneavin Manor nursing home in Glasnevin.
The proceedings will be served on the defendant this week, Mr Toomes said. His client had been treated 'appallingly', the solicitor said, but declined to give further details of the case at this stage.
It is understood the claim includes for damages for alleged negligence, degrading treatment and breach of human rights and statutory duty.
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Beneavin Manor can provide care for up to 115 adults for about €1,400 per week with Fair Deal funding, a State support system that helps cover the cost of nursing-home care based on a person's income and assets.
Beneavin Manor and The Residence, Portlaoise, also operated by Emeis Ireland, previously known as Orpea, were subject of an undercover investigation by the RTÉ Investigates team.
A documentary screened earlier this month exposed several examples of care failings.
Emeis Ireland has apologised to residents and their families for the distress caused by the failings identified and said it has initiated an in-depth review to immediately address all issues identified.
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Almost 200 notifications alleging abuse of residents in nursing home at centre of safeguarding controversy
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In response to concerns raised by some whistleblowers, RTÉ Investigates had two undercover researchers apply for and secure healthcare assistant roles at the Emeis homes. They both had the required qualifications and were Garda vetted by RTÉ.
Despite regulations stating nursing homes must provide opportunities for residents to engage in activities, the programme alleged this rarely happened on the floor where RTÉ's carer worked.
The programme reported RTÉ also witnessed inappropriate handling of vulnerable residents with frail older people sometimes moved by their clothing instead of handling equipment as mandated in their care plans.
Other concerns included about the adequacy of supplies of essential resources for staff, including towels, bedsheets, sanitary wipes and gloves.
After handing in their notice, the undercover researchers reported their concerns to management at the nursing homes and to the regulatory body, the
Health Information and Quality Authority
(Hiqa).
Hiqa, which in November 2024 gave the nursing home a positive report following an inspection, told RTÉ that both nursing homes have set out compliance plans to address issues at their homes.
An interim report from Hiqa into the two nursing homes which featured in the RTÉ Investigates programme was published earlier this month.
It reported 198 notifications of an 'allegation, suspected or confirmed of abuse to a resident' in the Beneavin Manor home since 2022.
The report said a high number of notifications 'does not necessarily indicate a non-compliant service, and often means a strong culture of recognising and submitting incidents which fall into the required notification categories'.
The types of notifications, known as 'NF06' notifications, are required 'where there is a suspicion or allegation of abuse, which may or may not be substantiated, and can include a wide range of incidents such as residents' altercations with other residents, the tone that someone is spoken to, through to more significant suspicions or allegations'.
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