We often move a loved one to a nursing home in the hopes and expectations of giving them the best possible medical care and attention. But it can very easily become our worst nightmare in case of physical or emotional abuse as a result of unintentional or intentional trauma. In such a scenario, it is important to hold the nursing home liable for their negligence and hire a nursing home abuse lawyer to help.
With increasing lifespan, the number of nursing homes is also increasing. In New York state, there are approximately 633 nursing homes with nearly 105,000 elderly patients residing in them. Annually, the New York Health State Department receives around 1600 complaints of abuse and negligence from nursing home patients or their loved ones. A nursing home negligence lawyer is equipped to handle such situations of neglect and abuse.
What constitutes nursing home abuse?
Largely, nursing home abuse can be categorized as physical, emotional, financial, or sexual. And, one of the most common signs of physical abuse is bedsores.
Bedsores as a result of nursing home negligence
Bedsores, also known as pressure ulcers, are essentially damaged skin due to prolonged pressure on the soft tissue of the skin. They are quick to occur, quite painful, and difficult to treat. Bedsores often affect a person whose mobility is restricted and is unable to turn their side on the bed or the wheelchair, and are most often found on tail bone, shoulder blades, ankles, and heels.
Elderly and those in need of special medical care and attention are more prone to bedsores. This is so because their skin is too thin, movement may be restricted or other underlying medical issues. But with the right care, bedsores can be prevented. If bedsores happen in nursing homes, they can be a sign of neglect.
Is the nursing home responsible for bed sores?
Preventing bedsores are one of the main responsibilities of caregivers and staff in a nursing home. There are set protocols in place to avoid bedsores, including good nutrition, maintaining hygiene, ensuring movement, etc. However, if you or your loved one gets bedsores as a result of neglect, you can sue the nursing home for negligence. A nursing home abuse lawyer can help you get the compensation you deserve.
Suing a nursing home for bed sores
A nursing home can be sued on various grounds in case of bedsores. Some of the common claims in case of bedsores as a result of negligence in a nursing home are:
- Personal injury: Most often, the patient or their loved one, file a personal injury claim against the nursing home in case of bedsores.
- Medical malpractice: Since the doctors and health care staff are expected to provide a certain standard of medical care, one may file a claim against the nursing staff/doctor for medical malpractice. This could include not taking proactive steps to avoid bed sores or failing to diagnose them at an early stage.
- Neglect: Neglect is a common legal claim related to bedsores in a nursing home. If the staff failed to follow standard procedures, such as, frequently turning the patient, ensuring hygiene, etc., they may be sued for negligence if the patient suffers from bedsores.
- Wrongful death: Though rare, if left untreated, bedsores can be fatal. In such a scenario, one can sue the nursing home for wrongful death.
Your nursing home abuse lawyer would be best placed to advise you on the claim to file as per the facts of the case. Moreover, the lawyer will ensure that you’re compensated beyond the medical costs incurred. They will file a claim which will cover for the physical, mental, and emotional trauma caused to you and your loved ones as a result of the nursing home’s negligence.
If you or someone you know has been abused or neglected in a nursing home and needs a winning law firm, contact us today. Reach out to Siler & Ingber by either calling us on 1-877-529-4343 or completing our online form on this page to schedule a free consultation and case evaluation with one of our experienced nursing home abuse lawyers.
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301 Mineola Blvd. Mineola, NY 11501
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