Nursing Home Neglect Lawyer

When Nursing Home Neglect Results in Injury or Death

The State has taken a special interest in the care and safety of vulnerable residents of long-term care facilities. The  Department of Health provides detailed rules and regulations pertaining to the operation of nursing homes.

If your loved one was seriously injured or passed away in a nursing home as a result of any of the following, contact an attorney.  Our personal injury law firm offers free initial consultations.

Rules and Regulations for Nursing Home Operation

Among the rules for nursing home operation described in  Administrative Rules Chapter 4658 are the following:

“A nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.”

Nursing home administrators are responsible for reporting to the family “a significant change in the resident’s physical, mental, or psychosocial status, for example, a deterioration in health, mental, or psychosocial status.”

Nursing homes must provide to their residents:

adequate care and kind and considerate treatment

clean skin, freedom from odors

checking of incontinent residents every two hours

clean linens or clothing each time the bed or closing is soiled

a shampoo at least weekly

assistance with oral and dental care

changing of bed linens weekly or more often as needed

Experienced  Nursing Home Neglect and Abuse Lawyers

Our law firm has successfully tried a number of cases involving nursing home neglect. Our clients or their family members had suffered serious injury, harm or death involving the following ailments and accidents:

Bedsores or decubitus ulcers (pressure ulcers)

Death or serious injury as a result of staff dropping the resident

Medication errors

Preventive Measures

Perhaps your mother, father, husband, wife or other family member has not yet entered a long-term care facility and you wonder how to prevent such injuries. Among other precautions, we urge you to record the long-term care facility resident’s skin condition and general state of health upon entry into the facility — and careful monitoring throughout the course of your loved one’s stay in a nursing home.

 

Personal Injury Attorneys

After more than three decades of law practice, our personal injury lawyers receive most new business by word of mouth. Our law firm has earned a strong reputation over the years for honest, zealous and effective advocacy of people who have been seriously injured and those who have lost loved ones in fatal accidents.

Dedicated Representation in All Types of Injury Cases

Our injury lawyers handle claims arising from all types of injury cases, including auto accidents and accidents involving pedestrians and bicycles. We also handle a variety of medical malpractice claims, including birth injuries and surgical errors. Whether you or a loved one has suffered a spinal cord injury or a traumatic brain injury, we are prepared to fight to get you the full and fair compensation that you deserve.

Why Choose Our Law Firm?

Past clients and other lawyers alike recommend the legal services of  for many reasons, including:

They appreciate the way we work on our clients’ cases personally — not farming the work out to paralegals or junior attorneys.

They know that we give our clients very personal service — even sharing our cellphone and home phone numbers in order to stay accessible and ready to communicate with clients as needs arise during a case.

They know we are dependable and have a proven track record of successful outcomes for more than 35 years.

They know that we stay up to date and available by the latest communication media, including text messaging.

Our clients’ large settlements and verdicts are well known.

Unlike many other personal injury law firms, we welcome medical malpractice cases, including complex and challenging claims, and lawsuits involving medical negligence.

In addition to handling sophisticated and complex injury and malpractice cases, we are also honest in telling people directly when they do not have a strong case. With our years of experience, we are confident that we can recognize a nonviable injury claim when we see one. Our potential clients always appreciate our candor and the knowledge behind honest case evaluations.

Medical Malpractice – An Overview

Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Negligence by a medical professional could include an error in diagnosis, treatment or illness management. If such negligence results in injury to a patient, a case could arise against the doctor if his or her actions deviated from generally accepted standards of practice; against the hospital for improper care, such as problems with medications, sanitation or nursing care; or against local, state or federal agencies that operate hospital facilities.

Medical malpractice laws are designed to protect patients’ rights to compensation if they are injured as the result of negligence. However, malpractice suits are often complex and costly to win. While theoretically you can seek compensation for any injury caused by negligence, regardless of its seriousness, time and money make it unrealistic to sue for an injury that is minor or heals quickly. Therefore, if you believe you have a medical malpractice claim, it is important to consult with an attorney  in our firm who can help you determine whether your claim is worth pursuing.

Theories of liability in malpractice cases

Negligence

Most medical malpractice cases proceed under the theory that a medical professional was negligent in treating the patient. To establish medical negligence, an injured patient, the plaintiff, must prove:

The existence of a duty owed by the health care professional to the plaintiff (for example, a doctor/patient relationship)

The applicable standard of care, and the health care professional’s deviation from that standard, which is deemed a breach of the duty owed to the patient

A causal connection between the health care professional’s deviation from the standard of care and the patient’s injury

Injury or harm to the patient

One of the most important aspects of a medical malpractice action is establishing the standard of care to be applied to the health care professional. To find a medical professional legally at fault, it must be shown that his or her conduct fell below a generally accepted standard of medical care. To establish the standard to be applied, the plaintiff must present expert testimony not only as to the standard of care applicable, but that also establishes that the defendant failed to meet the standard. In cases where the defendant’s violation of a standard of medical care is so apparent as to be comprehensible to the average person, expert testimony may not be required.

Another element of medical malpractice actions, causation, is sometimes difficult to establish. Specifically, the plaintiff must show that his or her health care provider’s deviation from the applicable standard of care resulted in his or her injury. This is challenging because sometimes there may be other factors that contributed to the plaintiff’s eventual injury.

Informed consent

In many situations, the failure to obtain a patient’s “informed consent” relative to a procedure or treatment is a form of medical negligence, and may even give rise to a cause of action for battery. Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must inform the patient of all potential benefits, risks and alternatives involved in any surgical procedure, medical procedure or other course of treatment, and must obtain the patient’s consent to proceed.

Breach of contract or warranty

Although doctors very rarely promise specific results from procedures or treatments, in some cases they do, and the failure to produce the promised results may give rise to an action for breach of contract or breach of warranty. For example, a plastic surgeon may promise a patient a certain result, which result may be judged more easily than other types of medical results, simply by viewing the patient. Similarly, if a patient is not satisfied with the outcome of a procedure and the physician had guaranteed or warranted a certain result, the patient may attempt to recover under a theory of breach of warranty.

Potential defendants in medical malpractice cases

Medical malpractice can be committed by several types of health care professionals, including doctors, surgeons, nurses, technicians and other hospital workers. In a case where a hospital employee commits malpractice, the hospital itself may be held liable under the legal doctrine of “respondeat superior.” Under this theory, an employer may be held liable for the negligent acts of its employee if the employee was acting within the scope of his or her employment when the negligent act or omission occurred. This doctrine is important to plaintiffs in medical malpractice cases because it helps ensure there will be a financially responsible party to compensate an injured plaintiff.