Due to a lot of reasons, elderly patients or any patients who are suffering from some severe health issues and fail to take care of the regular activities on their own opt for nursing homes.
They pay nursing homes for taking care of the patients and helping them do their regular tasks. All the residents of a nursing home require personal attention and care.
In case the nursing home or the staff fails to offer you the care you have been promised or has done something that causes harm to the patient or elderly resident, they or their family member can file a lawsuit claiming compensation.
Here, in this article, we will guide you with that.
Here, we will also like to tell you that filing and winning a personal injury lawsuit is not that easy. After all, you are fighting with an organizational entity. Of course, they will have a lot of resources and legal support.
Fighting a lawsuit against an organizational entity is a big deal. So, let’s have a proper understanding and start the discussion about what nursing home neglect actually is.
What Is A Nursing Home Neglect?
Nursing home abuse or neglect takes place when someone harms an elderly resident intentionally. It also can be unintentional; the same also can be harmful.
In case of neglect, the nursing home staff might fail to ensure the following.
- Change the resilience bedding or clothes.
- Care of bedsores or wounds.
- Assist residents when they require or ask for assistance.
- When helping patients, comply with safety standards.
- Provide residents with enough water and food.
- Keep the nursing home safe and also clean.
What Are The Rights Of A Patient In A Nursing Home?
For any nursing home and its entire staff, the best interests of your elderly loved one should be the top priority. The ultimate care which is required to be provided by the staff of the nursing homes or any of the assisted care facilities should include the following things.
- Handling and taking care of all the requirements of the patient, such as helping them to go to the bathroom.
- Checking the skin of the patient, whether any changes are occurring, such as sores or lacerations.
- Treating all the residents with respect and dignity.
- Feeding the residents with nutritious meals for meeting dietary requirements.
- Routinely change the patient’s bandages.
- Administering medications.
- Ensure that the patient is clean and also living in a hygienic environment.
- The resident must be bathed at least once a week with mild soap and water.
- Ensure the utmost comforts of the elderly.
- Turning the patient at least every 2 hours in order to protect the skin from breaking down.
Filing A Nursing Home Negligence Lawsuit
In case the patient or elderly resident is not getting any of the above-mentioned things, the patient or their family members can file a lawsuit of nursing home negligence in court with the help of an experienced attorney.
You need to ensure you are providing the essential legal documents, such as;
- The name of the involved parties.
- Relevant facts related to the incidents of neglect.
- An explanation of how exactly the resident was hurt.
Essential Elements Of The Nursing Home Abuse Negligence Case
To win financial compensation, a nursing home lawsuit must show some specific elements that exist. In order to prove the following elements, you must need the assistance of your attorney.
- Establish how the nursing home staff or facility owes the nursing home resident, patient, or the victim of the case, a duty of care.
- The lawyer also needs to prove that the defendant has breached the duty of care. It means either the nursing home or the staff failed to perform something or have done something that they are not required to do as per the law.
- As a result of the breach of care, the nursing home resident suffered injuries.
- The injuries result in certain damages like medical bills along with other expenses.
Get An Nursing Home Negligence Attorney
Only complaining about 911 about nursing home negligence is not enough for getting the expected compensation. You need to file a lawsuit with proper documentation and also need to prove that the incident has actually happened and harmed the individual.
This is why hiring an attorney is a must here. You need to ensure that you are choosing the best one possible with proper skills, knowledge, and experience in handling similar cases.