Injuries are not uncommon in nursing homes. Thousands of residents suffer all sorts of injuries yearly, including broken bones, traumatic brain injuries, spinal cord trauma, and more. Unfortunately, most of these injuries are caused by nursing home abuse.
While many incidents that lead to nursing home injuries are purely accidental, a vast majority occur due to physical abuse and negligence. When nursing homes fail to prevent this mistreatment, residents’ health, lives, and well-being are at risk.
Did you or a loved one sustain an injury from nursing home abuse? If so, the lawyers at Nursing Home Law Center, LLC, can help you obtain justice against all liable parties, including the perpetrator and the nursing home itself.
Contact our nursing home lawyers at (800) 926-7565 (toll-free phone number) for a free case review.
What Is a Nursing Home Injury?A nursing home injury is any physical harm a disabled or elderly person suffers while in a nursing home or long-term care facility. It can be caused by elder abuse, negligence, or nursing home neglect.
What is Nursing Home Abuse?The law defines nursing home abuse as any act that causes physical, emotional, or financial harm to a nursing home resident.
Common Nursing Home InjuriesNursing home residents suffer many kinds of injuries, including:
BedsoresBedsores, also known as pressure ulcers, are skin damage caused by prolonged pressure. These common nursing home injuries typically affect patients who are entirely immobile or cannot move without assistance. When pressure builds up in some body regions for an extended period, circulation is cut off, causing the skin to die.
Failure to relieve pressure from these patients’ bodies is the leading cause of bedsores in long-term care facilities. This problem often stems from neglecting medical needs, particularly failing to reposition immobile patients to prevent pressure buildup.
According to a 2004 Centers for Disease Control and Prevention report, about 2 to 28% of residents have pressure ulcers. These nursing home injuries have become more common with the rapidly aging population.
Bedsores are serious injuries that can cause infection, gangrene, and other potentially fatal complications.
Bedrail InjuriesBedrails are useful for repositioning, mobility, comfort, security, and fall reduction. However, they also create a risk of falls when nursing home staff do not monitor patients or use bedrails properly.
A nursing home resident can sustain injuries when they get caught in bedrails or fall from the bed. Falls typically occur due to a lack of monitoring from staff members or improper positioning of patients or bedrails. Incorrect bed height can also increase the risk of falls.
Minor injuries include scrapes, bruises, and cuts. Severe injuries may include strangling, suffocation, or cardiac arrest, usually occurring when a patient falls off the bed or gets caught between the rails.
Broken BonesPatients suffer broken bones or fractures in several ways, the most common being falls and nursing home abuse. Elderly nursing home patients are already prone to broken bones due to increased bone fragility, and a lack of care and attention increases that risk further.
Broken bones are particularly harmful to older nursing home patients. Due to the natural aging process, healing is slower and more difficult for older adults.
Furthermore, these injuries significantly limit the quality of life by causing pain, increasing frailty, and reducing independence even further.
Common bone injuries among elderly residents include broken limbs and hip fractures, usually caused by falls. Falls from a significant height is usually the most dangerous.
Traumatic Brain InjuriesA traumatic brain injury (TBI) affects brain function. It is often caused by a significant and sudden blow to the head, usually in falls. A mild head injury can cause a temporary change in how the brain works. A moderate to severe head injury, on the other hand, can cause permanent brain damage or even death.
Types of TBI include concussions, contusions, brain hemorrhages, intracranial hematomas, diffuse axonal injury, and more. These serious injuries can lead to severe complications, such as seizures, intellectual problems, coma, vegetative state, and brain death.
According to the Centers for Disease Control and Prevention (CDC), TBIs usually occur due to falls. However, some elder abuse cases can also lead to TBIs, especially those that involve assault.
Spinal InjuriesA spinal cord injury is damage to the spinal cord or the tissue and bones (vertebrae) surrounding it, often causing permanent changes in strength, sensation, and bodily functions. People that sustain spinal cord injuries may experience temporary or permanent and partial or total paralysis.
Aside from the loss of mobility, spinal cord injuries can lead to the loss of or altered sensations and bowel control, muscle spasms, changes in sexual function, nerve pain, and respiratory issues (coughing, difficulty breathing). The risk of extreme complications and death is higher for elderly nursing home patients.
In nursing homes, the most common causes of spinal injuries are falls. Fall accidents typically occur when patients fall from great heights or on a hard object, damaging their spinal cord.
InfectionsThe Centers for Disease Control and Prevention estimates that 1.3 million infections occur in nursing facilities yearly. Nursing home patients are at a greater risk of contracting infections because they interact with other people daily and often have compromised immune systems.
Common infections in nursing homes include urinary tract infections (UTIs), pneumonia, and gastroenteritis. These illnesses are caused by bacteria, viruses, or other pathogens entering the body, multiplying, and causing a reaction.
Infections can lead to complications, including sepsis, cardiac arrest, organ failure, and death. Patients need immediate medical attention once an infection develops.
Nursing home infections can spread rapidly due to poor sanitation, overcrowding, and a lack of disease control and prevention protocols.
Malnutrition and DehydrationA lack of food and water over a long period can lead to malnutrition and dehydration. Complications from these conditions include harmful weight loss, nutrient deficiencies, and increased risk of infection.
Furthermore, malnutrition and dehydration can limit nursing home patients’ ability to recover from other illnesses, reducing their quality of life. These conditions can also make patients more susceptible to fall accidents.
Abuse and neglect are the most common causes of malnutrition and dehydration in nursing homes, i.e., failing to provide adequate food and water. However, they can also be caused by medical negligence, such as not prescribing a proper diet to an ill resident or failing to make nutritional considerations for a patient taking certain medications.
Causes of Nursing Home InjuriesNursing home injuries are typically caused by:
Nursing home abuse or neglect has many possible root causes, such as:
Familiarizing yourself with the warning signs of abuse and neglect can help protect your loved one from nursing home injuries.
Be wary of the following physical signs in your loved one:
A nursing home resident who has suffered abuse may also exhibit emotional or psychological changes, such as:
Some signs of elder abuse mimic dementia, such as rocking, aggressiveness, and biting. Consult a professional if you are unsure whether your loved one is suffering from abuse or something else entirely.
Contact the police if you suspect your loved one or another nursing home resident suffers from abuse. It is also a good idea to seek legal help as soon as possible.
Taking Legal Action for Nursing Home InjuriesIf you have suffered a nursing home injury due to someone else’s negligence, you have the legal right to pursue damages. Long-term care facilities that fail to protect a residents from avoidable harm could be held responsible for victims’ losses under personal injury law.
The Burden of ProofBefore you can file a nursing home injury claim, you must prove the following:
Nursing home abuse cases often require substantial evidence to prove the negligence of the parties at fault. The following forms of proof can be helpful in your nursing home injury claim:
You must also show the extent of your nursing home injuries and other losses. The following documents can help:
Your lawyer will tell you what documents you need during your free legal case review.
Statute of LimitationsEvery state has a statute of limitations for personal injury cases, usually two to three years from the date of the underlying incident.
It is crucial to file your nursing home abuse lawsuit as soon as possible to avoid missing the deadline. Otherwise, the court will refuse to accept your case, and you may be unable to recover compensation.
Financial Compensation for Nursing Home InjuriesTaking legal action against nursing home abuse can help you recover financial compensation for your family’s losses, including:
The value of your settlement will depend on these damages and other applicable factors. Your lawyer will calculate your potential compensation during your free case review.
Out-of-Court SettlementsThe best way to take legal action against a negligent nursing home is to file a claim with the defendant’s insurance company. The insurer may offer you a settlement to compensate you for your losses. Your lawyer will help you negotiate with the defendant’s party to ensure you receive fair compensation.
Nursing Home Injury LawsuitMany nursing home injury cases end in settlements, but that is not always the case. Your lawyer may have to take legal action in civil court if:
The judge or jury will decide the verdict when you file a lawsuit. There is no guarantee that you will recover compensation as both sides have equal chances of winning the case. Hence, you need a skilled lawyer to build a strong lawsuit if you choose to go this route.
To avoid litigation, your lawyer can also help you explore other legal options, such as arbitration and mediation. These processes are less formal, less expensive, and take less time than a court trial.
Our team will discuss these legal options further during your free case review.
Why You Need a Nursing Home LawyerNursing home lawyers are well-versed in common nursing home injuries, their causes, and the possible liability of staff members and the facility itself. A nursing home lawyer can help you:
Nursing home injuries are often caused by abuse or neglect. Regardless of who is at fault, mistreatment violates a resident’s rights and may be punishable under personal injury law. Nursing homes that allow this harm to happen should be held responsible for victims’ injuries, trauma, and other losses.
Have you suffered abuse from nursing home staff, visitors, or residents? If so, the attorneys at Nursing Home Law Center, LLC, can help you seek justice against everyone at fault. Our lawyers defend the legal rights of abuse or neglect victims, including those who are physically, sexually, or financially abused.
Contact our experienced attorneys at (800) 926-7565 or use the contact form for a free legal case review. All confidential or sensitive information you share with our legal team will remain private under an attorney-client relationship.
Our nursing home lawyers handle all accepted cases on a contingency fee basis. This agreement ensure you don’t have to pay for our legal services unless we win your case.
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