Nursing Home Lawyer
When it comes to nursing home lawsuits, they can be civil or criminal lawsuits. The plaintiff (victim) is looking to hold the nursing home liable for any abuse or neglect that has happened to someone under the nursing home’s care.
Not every nursing home report of negligence or abuse goes to court, or even gets a lawsuit. Sometimes these issues can be settled without the law involved in such a public manner. Nursing home abuse victims may receive compensation for their suffering, without suing or going to court, especially if there is no argument from the nursing home.
However, if there is an argument about who is at fault—either the nursing home as a whole or workers within the nursing home—court may be the only way to get compensation, especially to settle on an appropriate amount regarding suffering and damages caused to a person.
Most civil lawsuits are usually settled before a jury, while criminal trials often end before the jury can deliver a verdict due to plea deals.
Reasons Nursing Homes Are Sued
The most common reasons nursing homes are sued are:
- Pressure ulcers
- Improper care
- Lack of hygiene
Elderly people are usually reliant upon caretakers and they may rely on wheelchairs and adaptive devices to get around. Sadly, even though this offers them some independence, it does not make them entirely safe. They cannot use these adaptive devices in certain weather, or in certain areas such as the shower. When they are unable to use their adaptive devices, they rely heavily on their caretaker to ensure they do not fall. Not all falls are preventable, but in cases where the caretaker is not paying attention, or anywhere near the person when they fall, or the fall is otherwise preventable and was caused by a spill, the person’s family may sue.
Pressure ulcers occur when an elderly person is left laying in one position for too long. When someone cannot move around themselves, they rely heavily on being shifted and rolled every few hours. This is entirely preventable, and most residents who require care such as this have a specific time frame every single day that they are moved around on. When this does not happen, it shows a direct link to the nursing home staff disregarding physician orders.
Improper care and lack of hygiene refers once more to physician orders on care, and it not being done correctly. Many elderly people in nursing homes depend heavily on their caretakers to provide hygienic care for them, and not doing so is a clear show of neglect on the nursing home’s part.
Other Reasons Nursing Homes Are Sued
Other types of abuse that happen in nursing homes, such as the following, may lead to a resident or that resident’s family suing the home:
- Sexual abuse
- Physical abuse
- Emotional abuse
- Not monitoring patients
- Delays in receiving medical treatment
- Errors in medication administration
- Financial abuse
- Financial exploitation
If you or your loved one suffer any of these negligence’s and abuses, reach out to a lawyer that deals with nursing home abuse lawsuit cases. Nursing home abuse lawyers like the ones at Davis & Brusca, LLC will have the experience to get the compensation that you deserve.