 Legal Advice for
Nursing Home Abuse and Negligence Cases and Claims
Free Consultation for
nursing home abuse and negligence. Call (800) 709-1123 - E-mail
us, or use our online consultation form.
Nursing Home
Abuse Litigation
While laws regulating the standard of care
for elder care facilities may
vary state to state, almost every state recognizes certain injuries to be indications of
nursing home abuse and negligence, violating the rights of and causing harm to the resident.
These injuries fall into
six primary categories:
Restraint injuries —
These injuries are the most prevalent in nursing home abuse
cases. Restraining devices can include bindings for hands and feet, vests, neck supports, bed
rails, etc. Some residents will be put in restraints for their own protection. An injury
or death caused by the use of restraints can indicate gross negligence on the part of the
staff for not properly supervising the resident while in restraint.
Such injury or death can also indicate gross negligence on the part of the
care facility for not providing enough staff to adequately supervise residents in restraints.
Decubitus ulcers (pressure sores)
— Nursing home abuse suits filed regarding decubitus ulcers are some of the most disputed of all elder
care cases. Vascular disease, diabetes and other circulatory disorders are common in the
elderly and can contribute to the development of the resident's pressure sores. A careful
analysis must be made, therefore, as to when the pressure sores developed and whether it
can be proved that the sores appeared while the resident was already in the
healthcare facility. Medical evidence supports the position that pressure sores can be prevented, even in
patients with compromised circulation.
Severe dehydration and malnutrition
— Dehydration and malnutrition go hand in hand. One will generally not exist without
the other. These are not difficult concepts to understand, but they can be very difficult
to prove. Was the resident given enough food to eat and water to drink? The resident's
records and charts may help prove the case, however, extensive investigation will be
required.
Exposure to the elements
— Relatives of residents often are unable to visit frequently. They
must, therefore, place an enormous amount of trust in the
healthcare staff to monitor
the resident and provide care and comfort. This trust is betrayed when a resident is found
to have wandered away or was improperly allowed outdoors. Evidence showing
that a resident was allowed to wander and suffer or die due to prolonged exposure to the
elements has been especially compelling to juries.
Falls and fractures —
Falls are common among the elderly and the resulting injuries can have a significant
impact on a resident's health. Hip fractures are the most common form of injury from a
fall. Hip fractures have a long recovery period, frequently require surgical intervention,
and can result in long-term disability. In a case of this nature, it will be important to
know if the staff-to-resident ratio was adequate to provide needed
supervision of residents. Was the resident's physical condition properly assessed by the
staff regarding vulnerability to such falls and injury? If the patient was
vulnerable to falls, did the staff take the proper precautions (use of appropriate
restraints and/or supervision) to prevent them?
Physical
mistreatment and assault
— To present a strong case in a suit charging physical
mistreatment and assault by a staff
member or fellow resident, it will be important to prove that the
mistreatment or assault was
"forseeable." For example, if the injuries incurred
were the result of mistreatment by a staff member, it would be
important to know if a proper background check on that staff
member was conducted before hiring him or her. If the assault was by a fellow resident, was the
facility aware of that resident's tendency to violent behavior? What steps
were taken after the assault to prevent further violent behavior?
Who can file a
nursing home abuse lawsuit?
If the resident is of sound mind — has not been declared
incompetent— the resident is the primary person to file a
nursing home abuse lawsuit against the healthcare facility for the substandard care received. If the resident is not of sound mind, a family member
or close friend or person with Power of Attorney may file the suit on the resident's
behalf.
If the resident is deceased, — a family member, such as
a spouse or child, may file a lawsuit for the wrongful death of the resident.
Free Consultations
You may contact us by telephone toll
free at (800) 709-1123
Use our online consultation form or by e-mail.
R. F. Wittmeyer, Ltd.
1635 N. Arlington Heights Rd., Suite 104
Arlington Heights, Illinois 60004
(847) 577-1123
Fax (847) 577-2827
E-mail: rfw@injurylawattys.com
     
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