Aged Care Abuse
Helping clients across Melbourne and regional Victoria
Nursing Home & Aged Care Abuse Lawyers
We act for clients throughout Victoria, not only in Melbourne, so wherever you are in the state we can help.
Understanding Aged Care Abuse
Aged care abuse can take many forms. It may be physical, emotional, psychological, financial, or sexual. It can also involve neglect, such as failing to provide adequate food, hygiene, medical care, or supervision.
Abuse may occur at the hands of staff, carers, other residents, or even through systemic failures in how a facility is managed.
In Victoria and across Australia, aged care providers have a legal obligation to ensure the safety and wellbeing of those in their care. When they fail in that duty, and a resident suffers harm, the institution may be legally responsible and held liable for:
- The wrongful acts of employees or carers
- The actions of other residents where supervision was inadequate
- Systemic failures in staffing, training, or procedures
Carbone Lawyers understands the sensitive nature of these matters and approaches every case with compassion and discretion, while working to achieve the best possible outcome.
Duty of Care in Aged Care Environments
Aged care providers owe a clear duty of care to residents. This includes ensuring that reasonable steps are taken to protect them from harm, injury, abuse, or neglect. This duty extends to:
- Proper supervision and staffing levels
- Safe and hygienic living conditions
- Appropriate medical care and attention
- Protection from physical or psychological harm
When an organisation breaches this duty, whether through negligence, inaction, or systemic failure, it can be held liable for the injuries and trauma suffered.
As with other institutional abuse claims, compensation is typically paid by the organisation’s insurer, not individual staff members.
Who Can Make a Claim
You may be able to bring a claim if:
- You or a loved one experienced abuse or neglect in an aged care facility
- A family member suffered harm while receiving in-home aged care services
- You are a close family member who has experienced psychological trauma (nervous shock) as a result of learning about the abuse and/or the death of another close family member arising from aged care negligence
Carbone Lawyers has experience assisting families through complex and emotional claims, ensuring that the full impact of the harm is recognised.
What Compensation Can Cover
Compensation is designed to support recovery and provide financial relief after harm. Depending on the circumstances, this may include:
- Medical and psychological treatment
- Pain and suffering and loss of amenity/enjoyment of life
- Past and future economic loss if you are unable to work as a result of learning of a family member’s abuse and/or death arising from aged care negligenceÂ
- The value of care and assistance provided by family members
- Additional care or accommodation needs
Each claim is assessed individually to ensure that all physical, emotional, and financial losses are properly considered.
How the Process Works
We understand that raising concerns about aged care abuse can be confronting. Our role is to make the process as straightforward and supportive as possible:
- Confidential consultation: You can speak with us privately about what has happened.
- Investigation and evidence gathering: We obtain medical records, care reports, witness statements, and other evidence.
- Issuing legal proceedings: We prepare and manage your claim, handling all legal processes on your behalf.
- Negotiation or mediation: Most claims resolve without going to court.
- Resolution and settlement: We work to achieve a fair outcome that reflects the harm suffered and supports ongoing care.Â
- Court representation: If a claim does not resolve outside of court, we are not afraid to run your case to the end of a trial in order to hold the organisation to account.Â
You remain in control throughout the process, and we guide you every step of the way.
Common Questions
Do I have to go to court?
Most aged care abuse claims are resolved through negotiation or mediation. Only a very small number proceed to court.
Who is the claim against?
Claims are generally made against the aged care provider or organisation, not individual staff members.
Is there a time limit?
Time limits can vary depending on the circumstances, but they are usually three years from the date of discovering of the act of neglect and/or negligence. In some abuse matters, particularly those involving vulnerable individuals, limitation periods may be extended. However, family members bringing nervous shock claims may still be subject to stricter time limits. It is important to seek legal advice as early as possible.Â
Will the matter remain private?
Yes. All consultations are confidential, and many matters are resolved privately. In some limited circumstances, there may also be legal options to protect identities if court proceedings are required.
Why Choose Carbone Lawyers
We are a trusted Victorian law firm with extensive experience in personal injury and institutional abuse claims. We understand the complexities of aged care abuse cases and the emotional toll it can take on families. Our team is committed to:
- Handling your matter with sensitivity and respect
- Navigating complex legal and insurance processes
- Achieving strong outcomes without unnecessary stress
We know how insurers approach these claims, and how to respond effectively. Our focus is simple: protect your interests and help you move forward
Take the First Step
If you believe that you or a loved one has suffered abuse or neglect in an aged care setting, it is important to act promptly.
Document what you can, photos, medical records, incident reports, and any correspondence. Early action can help preserve critical evidence.
Before speaking to an insurer or accepting any offer, seek legal advice. You may be entitled to more than you realise. Don’t settle for less. Contact Carbone Lawyers today.