Suing A Nursing Home: Here’s Everything You Need To Know

Suing A Nursing Home Here’s Everything You Need To Know

According to the reports of NCBI (National Center for Biotechnology Information), approximately 1.5 million older adults in the US live in nursing homes. It is the perfect place for elders who are not severely sick to require hospital care yet need assistance from somebody at all times. Kids who tend to stay busy in their work schedule; thus, they cannot take care of their parents’ health often seek help from nursing homes. 

It is not an easy decision to make. However, considering the health of your elder parents (or anyone as a matter of fact), it is an ideal option available. You trust the trained caregiver and nurses to take care of elders and meet their needs. 

Unfortunately, that’s not always the case. Sometimes, negligence on the part of caregivers or nurses can cause a devastating loss. Surely it is challenging to cope with the loss; still, such circumstances require you to consult a Texas wrongful death legal team (or someone local to you) to file a lawsuit. Here’s everything you need to know before you sue a care home. 

What Exactly Is Nursing Home Negligence? 

To define simply, nursing home negligence is a failure to offer professional care in accordance with the laws to the patients and elders. It can vary from not providing appropriate medical equipment to inexperienced staff. Sadly, negligence often results in injury or wrongful death of the patients. That’s why it is essential that you file a suit and get legal compensation.

What Can A Victim Or His Family Do? 

There are a few things that you can do if you or any of your loved ones have been injured or died due to nursing home negligence. First of all, you must call a wrongful death attorney and describe to them your situation. If there are any visible signs of injury, you must take its picture for the documentation process as well as to use the photographs as evidence. 

It would also be wise to talk with other people residing in the living facilities. Ask about their experience with the organization. Do they feel hurt or scared? Are they provided with good facilities? Do their complaints get resolved? Collecting insights using these questions will help you make your case stronger. Nevertheless, make sure to keep an attorney with you to formulate an appropriate plan to collect evidence and get justice. 

Different Types of Neglect

Before you proceed with filing a lawsuit, it is essential to learn about common types of negligent actions in nursing care homes. 

  • Failure to prevent accidents (including falling) resulting in bruises, fractures, and more. It could also be due to inadequate staff. 
  • Failure to prevent bedsores due to poor-quality mattresses. 
  • Failure to keep the patient well-occupied and entertained for better mental stimulation. It affects a patient’s mental alertness, leading to stress and depression. 
  • Failure to provide appropriate hydration and nutrition to assist with healing and recovery. 
  • Failure to provide a clean and well-sanitized environment. It increases the risk of infections and diseases, leading to a weak immune system. 
  • Failure to provide adequate medical care, including not giving medication on time, not cleaning wounds, and changing bandages frequently, and not following or meeting professional standards. 
  • Failure to give proper attention or affection to the patients makes them feel lonely. 
  • Failure to prohibit violence or harassment of any kind. 
  • Failure to provide utmost safety, including fire protection. 

Bear in mind that every nursing home needs to comply with certain standards of safety and care. Failure to meet any of these standards is likely to make them accountable for injury and wrongful death. So, it would be best if you got in touch with an attorney. 

What Rights Do Patients Have?

It is the responsibility of every nursing home to keep the best interest of patients in their minds. According to the set standards, a patient has the following rights during their stay in the nursing home:

  • To be treated with dignity and respect. 
  • To dress appropriately.
  • To handle all personal needs, including going to the bathroom. 
  • To administer medications. 
  • To get a nutritious and proper diet. 
  • To make sure of their comfort. 
  • To change their badges frequently.
  • To get a bath at least once a week. 

If the caregiver or nurse does not comply with these standards, it will be considered negligence. So, it would be best if you took appropriate action. 

To Sum It All Up

Losing someone close to you can break your heart and makes it challenging to think logically. However, you must take the right steps to provide justice to the patient. Consult a wrongful death attorney and file a lawsuit to get rightful compensation.

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