Medical Malpractice Attorneys
  • Toll Free 1-800-529-9120

Nursing Home Neglect

 

Nursing Home Neglect Victim AttorneysNursing Home Neglect and Abuse is an unfortunate occurrence that has become widespread. In order to protect our elderly, both state and federal governments have enacted laws to protect nursing home residents. Although it mainly affects the elderly who are sick or infirm, it may happen at any age when a person is a resident in a nursing home for rehabilitation or custodial care.

Nursing Home Neglect and Abuse occurs when the nursing home’s care or treatment of a resident falls below the standard of care resulting in injury. This may also be known as a violation of the resident’s rights, such as their right to receive adequate and appropriate health care and protective and support services. Typical cases of Nursing Home Neglect and Abuse may include:

INJURY TO RESIDENT FROM A FALL OR FRACTURE

Commonly, the result of a fall is a fracture to the resident’s hip, pelvis, femur, skull, elbow, wrist, etc. If there is trauma to the head, the result may be a concussion, cranial hemorrhage, paralysis, loss of vision, or death. The nursing home resident may fall out of bed or during a transfer to the bathroom or wheelchair. Sometimes a fracture occurs during physical therapy due to inadequate or improper treatment or care. Usually, the nursing home resident has an underlying medical condition (physical or emotional) or medication that weakens their balance or gait.

Nursing Home Neglect Victim Attorneys

A nursing home should initially and periodically assess whether the resident’s condition, or change of condition, has placed the resident at high risk for falls. Failure by the nursing home to timely assess the resident’s condition may result in an unnecessary fall and constitute evidence of neglect. Many times a resident will fall more than once before a serious injury occurs. If this occurs, the nursing home’s failure to timely implement fall prevention measures into the resident’s plan of care may constitute gross negligence or recklessness. If the resident is at risk for falling out of bed, the nursing home should attempt to prevent falls or trauma by putting up bed rails, placing a soft mattress next to the bed, or lowering the bed. If the resident is at risk for falls during transfers to or from the bathroom, wheelchair, or bed, the nursing home should attempt to prevent falls by providing one or two person assistance to help the resident during transfers and utilizing proper call bell techniques. Other fall prevention measures regarding falls from the wheelchair include a wheel chair seat belt, an adequate foot rest, a seat cushion, or a lap buddy.

After an injury occurs, the failure by the nursing home to provide reasonable access to emergency medical care may result in aggravation of the injury and constitute evidence of neglect. If you or a loved one has a case involving injury from a fall in a nursing home, then click here for a free case evaluation by our staff of trained legal professionals.

BED SORE, PRESSURE SORE, OR DECUBITUS ULCER

Commonly the same, these sores or ulcers are unacceptable and are frequently the result of the nursing home’s failure to assess, prevent, or treat a resident for breakdown of the skin. There are four stages of sores or decubitus ulcers: Stage I, Stage II, Stage III, and Stage IV. Without proper care and treatment, an early Stage I decubitus ulcer may ultimately progress to a severe Stage IV ulcer where the surrounding skin and connective tissue has eroded and the underlying bone is exposed.

Nursing Home Neglect Victim Attorneys

These sores or ulcers are typically seen on the legs, heels, buttocks, and other bony prominences of the body. With severe skin sores or ulcers, systemic infection or multi-system organ failure may develop leading to death. Failure by the nursing home to provide reasonable and timely access to a doctor or wound care center for treatment may constitute evidence of neglect. Failure by the nursing home to implement physician orders regarding wound care such as medications, ointments, dressings, and relief of pressure off of the affected area of skin may constitute evidence of neglect.

A nursing home should initially and periodically assess whether the resident’s condition, or change of condition, has placed the resident at high risk for skin breakdown. Failure by the nursing home to timely assess the resident’s condition may result in the unnecessary development of a sore or decubitus ulcer. Inadequate resident nutrition, hydration, or hygiene by a nursing home, or a nursing home’s failure to regularly turn or rotate a bed-ridden resident’s position, are all factors that may contribute to skin breakdown. Many times, there are hospital photographs that show the degree of skin breakdown which may be helpful in proving a case of nursing home neglect.

If you or a loved one has a case involving a bed sore, pressure sore, or decubitus ulcer from a nursing home, then click here for a free case evaluation by our staff of trained legal professionals.

MALNUTRITION OR DEHYDRATION

The effects of malnutrition or dehydration can lead to serious complications regarding the health and well being of a nursing home resident. The nursing home is responsible to monitor changes in body weight and follow the standard of care in providing adequate nutrition and hydration to a resident.

Many factors can lead to weight loss or dehydration including an inadequate diet or inability to independently eat, chew, or swallow. When this occurs, the nursing home needs to react to implement preventive measures (such as a special diet or assistance with eating) to prevent further weight loss or dehydration.

The standard of care may require that the nursing home monitor the resident’s caloric intake, fluid intake and output, and bowel and bladder activity. Failure to monitor these parameters may constitute evidence of neglect. The resident’s sodium, potassium, calcium, albumin, and other electrolyte levels should be also watched to detect dehydration and malnutrition. As dehydration or malnutrition progresses, an infection may arise in the bloodstream referred to as sepsis or septic shock that can be life threatening.

If you or a loved one has a case involving dehydration or malnutrition from a nursing home, then click here for a free case evaluation by our staff of trained legal professionals.

IMPROPER HEALTH CARE

Commonly, this is seen as a failure by the nursing Nursing Home Neglect Victim Attorneyshome to follow doctor’s orders regarding medical care and treatment of a resident. Other instances occur when there is a failure by the nursing home to notify the physician of a significant change in the resident’s condition (such as a fall), or to provide access to emergency medical care when necessary. Medication errors or unnecessary sedation or use of restraints by the nursing home may also constitute evidence of neglect as improper health care.

If you or a loved one has a case involving improper health care by a nursing home, then click here for a free case evaluation by our staff of trained legal professionals.

INADEQUATE SUPERVISION

Broadly construed, inadequate supervision can overlap with any of the above categories. In this instance, inadequate supervision involves a resident with Alzheimer’s disease or dementia who has wandered away from the nursing home resulting in injury or death. Some residents have a history of wandering from the nursing home, yet the nursing home continually fails to provide adequate supervision or implement other protective measures such as a security alarm or window lock.

If you or a loved one has a case involving inadequate supervision from a nursing home, then click here for a free case evaluation by our staff of trained legal professionals.

PHYSICAL ABUSE

Commonly, physical abuse and/or sexual abuse of a resident is caused by the intentional act of a nursing home employee or another resident in the facility. Physical abuse may also occur when restraints or sedatives are used in an inhumane fashion. Failure to protect a resident from the physical or sexual abuse of another person, or from the self infliction of harm, may constitute evidence of neglect, or recklessness if there is a pattern or history of behavior that was ignored by the nursing home.
If you or a loved one has a case involving physical or sexual abuse in a nursing home, then click here for a free case evaluation by our staff of trained legal professionals.

Points of Pride

  • One of the few medical malpractice law firms in the United States where all the lawyers are board certified physicians or doctors
  • Over 40 years of combined experience in medical malpractice law
  • Our lawyers are board certified or trained in various medical specialties: internal medicine, gastroenterology, obstetrics and gynecology, and dental surgery
  • Other well-respected law firms throughout the country have consulted with our firm on medical malpractice cases involving serious injury
  • Our law firm will consider medical malpractice claims that have been previously declined by other law firms

IN ADDITION

  • We offer free initial consultation
  • No fees or costs to you unless we make a recovery
  • Experienced representation with compassion and integrity
Free Consult(800) 529-9120

Please enter your contact information below