Phi Finney McDonald is investigating a potential class action against aged care provider Bupa on behalf of current and former residents of Bupa nursing homes across Australia.
Background
Bupa, a UK-owned company, operates nursing homes across Australia. Bupa’s Australian homes are regulated under Australian statute, including the Aged Care Act 1997(Cth) and the Aged Care Quality and Safety Commission Act 2018 (Cth). The Aged Care Quality and Safety Commission (ACQSC) audits and accredits nursing homes in Australia. Multiple and concerning alleged failures by Bupa aged care facilities to provide basic standards of care to residents have been identified by ACQSC. Accreditation reports by ACQSC in relation to a number of Bupa aged care facilities indicate an alleged failure to:
- meet basic health and safety standards;
- demonstrate adequate risk management systems and practices;
- ensure staff are adequately trained and available to residents;
- monitor and mitigate risk to protect residents from aggressive behaviour; and
- ensure compliance with regulations for medication management.
Bupa operates 70 plus nursing homes in Australia. The accreditation reports by ACQSC raise serious concerns about a number of Bupa’s aged care facilities. By way of example, the ACQSC has made the following comments in relation to Bupa aged care facilities: In relation to Bupa Seaforth (ACQSC Review Audit Report, 29 April 2019 – 2 May 2019) “The service does not have a falls prevention program. Incidents are not reviewed and strategies are not developed to assist in preventing reoccurring falls.” “There have been ongoing issues in relating to fire safety at the service and timely action to address these issues was not taken.” “Incidents and aggressive behaviours have not been managed or monitored to mitigate risk or ensure care recipient safety.” In relation to Bupa Traralgon (ACQSC Review Audit Report, 4-5 April 2019) “Medication management practices are not consistently safe and in accordance with regulatory compliance obligations.” “The service management does not have systems to ensure adherence to regulatory compliance obligations in relation to food safety” and “the kitchen does not meet cleaning standards for safe food operation.” In relation to Bupa Eden (ACQSC Accreditation Decision and Report, 29 July 2019 – 2 August 2019) “The organisation does not demonstrate the effective management of high impact or high prevalence risks associated with the care of the consumers. Deficits in care were identified and risk has not been managed to mitigate and minimise incidents”.
Proposed Class Action
Phi Finney McDonald is investigating serious allegations that aged care provider Bupa failed to provide basic standards of care to residents at facilities it operates. Further investigation will indicate whether these problems are widespread and systemic.
Contact Us
If you would like to find out more from Phi Finney McDonald about the proposed class action, or are interested in sharing your experiences with Bupa aged care facilities, including those of family members, please contact us at classactions@phifinneymcdonald.com.