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Recent Blog Posts
What Parties May Be Liable for Nursing Home Neglect or Abuse?
Nursing homes should be places of refuge for elderly and disabled individuals. Sadly, some nursing home residents suffer from neglect or even intentional maltreatment. A nursing home injury claim may allow an injured victim or the victim’s family to hold the liable party accountable for the neglect or abuse. A nursing home injury claim may also allow for the recovery of damages. Compensation for medical treatment, pain and suffering, emotional distress, and other damages may be available. However, in order to bring a nursing home injury claim, the liable party must be identified.
The Nursing Home Facility is Often the Liable Party
The party that is legally responsible for an injury or death is called the liable party. In many nursing home injury claims, the liable party is the nursing facility itself. Nursing homes have a legal obligation to provide competent care and assistance to residents. The following issues are examples of ways that nursing homes may be in violation of that obligation:
Special Concerns Regarding Nursing Home Residents With Alzheimer’s or Dementia
Alzheimer’s disease and other forms of dementia affect an estimated 50 million individuals across the globe. Nursing home residents suffering from Alzheimer’s disease or dementia may struggle to form memories, solve problems, and accurately interpret the world around them. Some sufferers become confused or even combative with other residents or nursing home staff. If your loved one suffers from dementia and is living in a nursing home, it is important to know some of the unique issues he or she may face. Nursing home staff should take special care to ensure the safety of residents with dementia. Failure to do so may result in the resident’s injury or death.
Wandering and Elopement
Nursing home residents who suffer from cognitive impairment due to dementia or a related illness are at an especially high risk of wandering and elopement. A confused resident may wander into a dangerous part of the facility and be seriously hurt as a consequence. Some residents even attempt to flee the facility or mistake the exit for an interior door. Tragically, some residents have died after eloping from nursing home facilities and succumbing to the elements.
Can Unsanitary Conditions or Lack of Hygiene Be Examples of Nursing Home Neglect?
Individuals with physical or cognitive limitations rely on nursing homes to provide the consistent care they need. Nursing home staff help with daily tasks like eating and bathing as well as medical concerns such as dispensing medication and treating injuries. Another essential responsibility of nursing home staff is maintaining a clean, sanitary environment. Failure to maintain a clean facility, sanitize equipment, and help residents with hygiene-related needs may all be signs of nursing home neglect.
Unsanitary Equipment in a Nursing Home Can Lead to Infection and Illness
Nursing home residents’ bodies are already weakened by age and/or disability. Exposure to viruses, bacteria, fungi, and other pathogens can be deadly. Nursing homes should be regularly cleaned and sanitized. Staff should ensure that equipment such as wheelchairs are kept clean and shared equipment is sanitized between residents. Kitchens and dining areas should also be kept clean and free of pests like insects or mice. Unsanitary conditions can lead to conditions such as:
What Types of Medication Mistakes Are Grounds for a Nursing Home Neglect Lawsuit?
Modern medicine has allowed people to live decades longer than we used to. Diseases that would once quickly kill an individual may now be cured by simply taking a couple of pills. However, in order for medications to be effective, they must be properly dosed and administered. Medication mistakes in a nursing home can lead to needless resident suffering and may even contribute to a resident’s untimely death. If your loved one was the victim of a medication error in a nursing home, you may wonder if you have grounds for a lawsuit. A nursing home injury claim may help you hold the negligent nursing home accountable for your loved one’s harm, however, a successful claim is only possible in certain situations.
Types of Medication Errors in Illinois Nursing Homes
Most nursing home residents rely on at least one or more medications to keep symptoms of medical ailments under control. Medications may be used to ease a resident’s pain, fight infection, avoid blood clots, treat abnormal heart rhythms, and much more. When a resident does not receive the appropriate medication, he or she may suffer from new and worsening health complications. Sadly, some medication mistakes are fatal. Some of the most common medication errors in nursing homes include:
What is Improper Wound Care in a Nursing Home?
Nursing home residents live in nursing home facilities because they have mental or physical disabilities that make independent living an impractical or unsafe option. Often, nursing home residents suffer from multiple illnesses and age-related health concerns at the same time which can make them especially vulnerable. It is for this reason that nurses, nurses’ aides, and other medical workers are on staff. When a nursing home resident develops a bed sore, falls, or is otherwise injured, nursing home staff must take appropriate steps to treat the wound. Improper wound care can lead to infection, sepsis, and even death.
Special Attention Must Be Paid to Sick and Elderly Residents
When a child scrapes his or her knee, he or she may put a bandage on the wound and forget about it soon after. The wound then heals on its own without complication. However, elderly and disabled individuals’ bodies do not heal as quickly from soft tissue injuries as those who are young and healthy. This is why it is crucial that nursing home staff properly treat resident injuries and carefully monitor the resident for signs of infection or other medical problems. This is especially true for residents who cannot advocate for themselves due to physical or mental impairments.
My Loved One Suffered a Fracture at a Nursing Home. Should I Be Worried?
One of the hardest parts of having a loved one in a nursing home is that you cannot always be present to monitor the quality of care your loved one is receiving. You may worry about the safety standards at your loved one’s nursing home or wonder how often they are understaffed. You may see horrific news stories depicting physical or sexual abuse of nursing home residents and fear the same thing happening to your loved one. When your loved one suffers a broken bone, you may wonder, “Are fractures a sign of nursing home neglect or abuse?”
Cause of Resident Broken Bones and Fractures
Falling becomes a greater and greater hazard the more we age. Disabilities that impair mobility or vision and injuries to the feet can further increase the risk of falling. The CDC reports that one out of every five fall accidents results in a serious injury. Broken bones are a common result of nursing home fall accidents. Not every fall is a product of nursing home negligence or wrongdoing of some kind. However, there are many ways in which nursing home negligence may lead to a fall accident, including:
What You Should Know About Nursing Home Lawsuits
If you or your loved one were harmed by substandard care at a nursing home, you may be able to bring a civil action against the facility. A nursing home lawsuit may enable you to pursue justice for the maltreatment and seek financial compensation for damages. Substandard medical care, neglect, and intentional abuse may lead to a nursing home lawsuit. A personal injury attorney experienced in nursing home negligence and abuse cases can file a claim on your behalf and represent you throughout your case.
Do All Nursing Home Injury Claims Go to Trial?
If you are like most people, you probably do not know much about what a civil claim against a medical facility entails. You may even assume that all nursing home injury claims result in a courtroom trial. In reality, only a small percentage of nursing home negligence claims end up going to trial. Most are settled during out-of-court negotiations. A nursing home injury attorney can negotiate with the nursing home’s legal team on your behalf and fight for a satisfactory settlement.
What Are Some Signs That a Nursing Home Resident is Being Abused?
Nursing home residents deserve to be treated with compassion and respect. Sadly, some nursing home residents suffer abuse and neglect at the hands of the very people who are supposed to protect them. Nursing home abuse and neglect can take many different forms, and it is often difficult to recognize. Some residents stay silent about nursing home neglect and abuse because they fear retaliation. Others are uninformed of their rights and do not recognize that the poor treatment they are receiving is against the law. Residents with impaired cognition caused by dementia or Alzheimer’s Disease may be unable to report instances of neglect and abuse. For these reasons, it is important for everyone with a loved one in a nursing home facility to be watchful for signs of neglect and abuse.
Physical Abuse Symptoms in a Nursing Home
The most obvious signs of physical abuse in a nursing home are bruises, cuts, scrapes, and other injuries. However, many nursing home residents are frail or in poor health. They may bruise easily or receive minor injuries from everyday tasks. Not every injury is a sign of nursing home abuse, however, minor injuries like these are often the first sign of mistreatment in a nursing home. Residents may suffer from intentional abuse or they may be injured because staff were negligent when caring for the resident. If your loved one has an injury, staff should be willing to discuss the injury with you. If staff seem defensive or are uninterested in determining the cause of an injury, this may be a sign that they are hiding something.
Why Are Wandering and Elopement Such Serious Concerns in Nursing Homes?
Transitioning from an independent or somewhat independent life to a life lived within the bounds of a nursing home can be a major adjustment for elderly and disabled people. Nursing home residents who are struggling with nursing home rules and restrictions may even attempt to “escape” the facility. The threat of wandering and elopement is especially concerning when a resident has Alzheimer’s disease or another illness that affects his or her ability to think clearly. Residents who wander into unsafe areas of the nursing home or who leave the facility unnoticed may be seriously injured or even killed.
Wandering Around the Facility Unsupervised Can Be Very Dangerous
The term “wandering” refers to a resident roaming a nursing home facility unsupervised. The level of independence nursing home residents can enjoy varies greatly from person to person. Some residents are fully capable of getting out of bed and going to a communal space such as a dining hall on their own. Others need help moving safely from place to place. Staff should be aware of residents’ limitations and should provide assistance and supervision accordingly. The biggest concern when it comes to wandering is that a resident will get into an unsafe situation. Residents who wander may go into a kitchen area and burn themselves or slip and fall in a hidden corner of the facility where they are not discovered for hours.
Can I Sue a Nursing Home for Injuries Sustained During Resident Transfer?
The level of autonomy that a nursing home resident is capable of varies significantly from individual to individual. Most nursing home residents need help with at least one or more daily living tasks. Some residents are almost completely dependent on staff. They may be unable to get in and out of bed on their own or require help when moving from their bed to their wheelchair. Some residents cannot even sit up in bed on their own. Transferring a resident or moving a resident from one location to another must be done carefully. Serious injuries or death may be caused by improper transfers in a nursing home.
Procedures for Transferring Residents
Before moving a resident, staff should evaluate the resident’s current mobility, health concerns, weight, and other relevant factors and determine the best way to transfer the resident. There are tried and true methods nursing home staff should use when transferring a resident from one location to another. Staff should be trained on safe resident transfers and handling. Often, moving a resident requires cooperative teamwork of two or more people. Assistive devices such as bedrails, grab bars, transfer belts, and medical lifts may be used to aid in the transfer. Staff should move the resident slowly and carefully. They should take preventive measures to avoid injuring themselves or the resident when moving him or her. If a staff cannot safely transfer a resident on their own, they should ask for assistance from another staff member. When nursing home staff fail to take the appropriate steps during resident transfer, they may drop the resident or otherwise harm him or her.
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