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Jessica Steele

Published: 28 August 2020
Author: Jessica Steele

RCT Law investigates negligence claim against St. Basil’s aged care

RCT Law is currently investigating the alleged negligence of the aged care sector in the COVID-19 outbreak, including at St. Basil’s Aged Care in order to bring compensation claims for negligence.

The failure of the aged care sector’s response to the COVID-19 pandemic is a tragedy to residents and their families, and those responsible for negligence need to be held to account.

Allegations of blatant negligence in Victoria’s aged care sector

The COVID-19 pandemic is taking a toll on Victorians, and in particular those with loved ones within the aged care system. At the time of writing, Victoria has lost 496 lives to the virus, over 300 of which were from aged care residences, and with over one thousand active cases remaining in aged care services.

As health, aged and emergency services work frantically in tandem to contain the outbreaks, family members of those impacted virus are seeking answers. Both private organizations, in particular St. Basil’s and Epping Gardens, as well as the state and federal government, are now under scrutiny and facing a wave of legal cases against them for their alleged negligence in the outbreaks.

As the deaths of several residents at St. Basil’s home are referred to the Coroner for investigation, further insult is added to the grief of victim’s families, with suggestions that the home took four days to alert the federal government to the outbreak, in which precious time to contain the outbreak was lost.

As the investigations progress, details continue to emerge of outrageous breaches of workplace policies at Epping Gardens, when off-duty staff members attended the home for an unauthorized baby shower.

Claim against St. Basil’s Aged Care

RCT Law has initiated investigations into the alleged negligence at St. Basil’s Aged Care, and more broadly into the aged care sector implicated in the COVID-19 outbreak.

These types of claims are brought under the Wrongs Act 1958 (Vic), which RCT Law has considerable experience in applying, and is specialised in obtaining compensation for personal injuries and wrongful deaths alike.

Options for compensation against age care bodies

Survivors of the virus, along with families who have lost loved ones in the pandemic, should be aware that there are options available to bring individual cases against an organisation, which may be better suited to some than a class action (whereby one individual brings a claim on behalf of a larger group, who have all been affected by the same incident or event). This ensures that your voice is heard and that you have control and involvement in bringing your claim for justice. Our ‘No Win, No Fee OR Expenses’ policy means that you don’t need to worry about financing the claim up front.

Those who have lost a loved one as a result of the outbreak may be entitled to compensation, but more than that; they are entitled to justice, and to understand how such terrible events unfolded. Further, for many who win their battle with COVID-19 but struggle with ongoing side-effects and repercussions of the illness, there may also be legal options available.

If you or your family have been impacted by the COVID-19 outbreaks in the aged care system, we encourage you to reach out for sensitive and tailored legal advice regarding your situation.

RCT Law's remote working arrangements ensure that you can still access specialist assistance throughout the Stage 4 restrictions in Victoria. Your first consultation is free, and following the first consultation we work on a ‘No Win, No Fee OR Expenses’ basis in injury compensation cases such as these.

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