Idaho Nursing Home Abuse & Neglect Lawyers

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When a loved one is placed in a nursing home, family members want to know that he or she is receiving care and protection. The sad truth is that Idaho nursing homes have a history of deficiencies that cause injury, pain and suffering in residents. The statistics of nursing home deficiencies in Idaho only confirm this unfortunate reality.

Medicare regularly inspects and surveys of every nursing home in Idaho to identify any deficiency or violation resulting in substandard care. The federal agency has found that nineteen (24%) of the 79 Idaho nursing facilities have fallen below the national average after investigating claims of resident harm and reviewing medical records. If your loved one was mistreated, neglected, abused or died unexpectedly while residing in a nursing facility in Idaho, we encourage you to contact the Idaho nursing home abuse attorneys at Nursing Home Law Center to discuss your compensation claim during a free case review.

In Idaho, over 34 percent of nursing homes had deficiencies that resulted in actual harm and jeopardy to residents in 2008. Over 63 percent of nursing homes had accident-prone environments, and over 45 percent of nursing homes had deficiencies in the quality of care provided to residents. In over 30 percent of nursing home facilities, residents were discovered to have developed pressure sores. These statistics show that even though federal nursing home reform laws exist, that nursing homes seem to take a blind approach in actually abiding by it.

One of the other disturbing statistics in Idaho is that in over 26 percent of nursing home facilities, residents are given unnecessary drugs to control their behavior or for other reasons. Some nursing homes administer chemical restraints as a form of punishment, and this is an act that is clearly prohibited by law. If you believe that a nursing home is administering chemical restraints as a form of punishment or to control a patient’s range of motion, then you should get in touch with a nursing home abuse lawyer as soon as possible. A nursing home abuse lawyer can thoroughly investigate the practices of a nursing home for your loved one’s safety.

Idaho Nursing Home Neglect Laws and Regulations

Idaho Nursing Home Abuse LawyersThere are several statutes that protect the rights of nursing home residents in Idaho. The “Adult Abuse, Neglect and Exploitation Act” and “Adult Protective Services” acts clearly outline the rights of residents in Idaho. When a loved one has been the victim of physical, emotional, sexual or financial abuse, it is necessary that the abuse be reported to the appropriate authority. Workers who report abuse to the appropriate authorities may be granted immunity under the statute. Directors who receive these reports of abuse are then obligated to make a thorough evaluation of the reports. The district attorney must also be notified of any reports of abuse that are made.

The failure to report a suspicion of abuse is a misdemeanor crime in Idaho. This means that workers may have to serve up to six months in jail, pay a fine of up to $1,000 or both.

It is important for family members to be aware of when abuse may be impacting a loved one. There are certain signs that can alert family members that a loved one may be the victim of abuse, and they are:

  • Open wounds on the body
  • Cuts and scratches
  • Bruising throughout the body
  • Swelling
  • Fatigue
  • Anxiety and depression
  • Sleeplessness
  • Fractured and broken bones
  • Dehydration and malnutrition
  • Infection
  • Wandering
  • Head injuries
  • Bed sores
  • Weight loss
  • Isolation from others

When family members recognize any of these signs of abuse, they should report them to the appropriate authority and also get in touch with nursing home abuse lawyers.

Investigate Potential Neglect and Abuse Today

Nursing home abuse lawyers are available to investigate potential neglect and abuse today. The investigation process may involve visiting a nursing home, documenting any injuries on a loved one and making note of current patterns of behavior in nursing homes. In addition, nursing home lawyers may wish to interview workers in the nursing home to help build your case.

Get Help from Idaho Nursing Home Abuse Lawyers Today

Idaho nursing home abuse lawyers will assist you in all aspects of handling a report of abuse for your loved one. They will take the time to research and investigate your case. Call now to schedule an initial consultation with a nursing home abuse lawyer in Idaho. Our attorneys are here to help families and residents throughout the State of Idaho in such areas as:

  • Boise City
  • Caldwell
  • Coeur d’Alene
  • Idaho Falls
  • Lewiston
  • Meridian
  • Nampa
  • Pocatello
  • Twin Falls

Idaho nursing home neglect is a serious incident, and attorneys are available to help you.

Idaho Lawyers Serving Victims of Bed Sores, Pressure Sores & Decubitus Ulcers

When residents of a nursing home or assisted living facility are unable to reposition themselves, they are often susceptible to developing a bedsore. Immobility is a common factor in developing and advancing bedsores (pressure sores; decubitus ulcers; pressure ulcers).

A key component to preventing a developing pressure sore is to implement a two-hour readjustment or “turning” schedule as a part of the resident’s health care plan. This ensures that any pressure on the body that touches the bed, chair or other body part is alleviating before it causes any damage to underlying tissue.

Within just a couple of hours, decubitus ulcers develop on any bony area of the body where pressure is continuously applied. This is because the pressure restricts oxygenated blood to the skin, which can cause permanent damage. If the pressure is not alleviated and oxygen cannot flow into the tissue, the area can become ulcerated and the skin can die. When this occurs, a shallow crater usually forms, exposing underlying tissue and fat.

Advancing stages of decubitus ulcers are often life threatening. In the final stages of a developing bedsore, muscle, tendons, ligaments and bone can be exposed. The open wound makes the area highly susceptible to a serious bone infection (osteomyelitis) and/or blood infection (sepsis). In severe cases, patients can die quickly from the infection.

Call (800) 926-7565 Toll-Free for a No Obligation Consultation
Poorly Trained Medical Staff

Idaho Nursing Home NeglectBecause the demand for nursing home beds in Idaho has risen dramatically over the last few years, so too has the need for quality medical staff of registered nurses (RNs) and licensed practical nurses (LPNs). The limited availability of highly trained professionals leaves nursing homes to hire unskilled caregivers. Many of these poorly trained caregivers have not received proper training to ensure that every patient at the facility is provided quality medical care. As a result, many patients develop a bedsore through neglect or improper monitoring.

The medical team at a nursing facility must perform specific tasks to minimize the potential of every patient developing a bedsore. These include:

  • Perform a skin assessment of every patient upon admittance to set a baseline of their skin’s integrity

  • Note any existing bedsore during the skin assessment and take appropriate action to start healing protocols immediately

  • Ensure that the patient remains hydrated and consumes a healthy nutritious diet

  • Closely monitor the patient to ensure they are constantly clean and dry

  • Never allow patients to lie in their own urine, feces or sweat because excessive moisture can degrade the integrity of the skin

  • Strictly enforce a two-hour “turning” schedule ensuring that every patient is repositioned to alleviate pressure on bony prominences including the shoulders, head, hips, ankles, heels, buttocks, spine, sacrum and elbows

A Sign of Neglect

Many times, families are told by the medical staff that bedsores are to be expected as a part of the aging process. However, claiming bedsores just happen as a common occurrence in a nursing facility setting is untrue. Typically, these comments by the nursing facility administrators are usually a tactic for shielding the organization against potential litigation.

All too often premature death occurs from an infected bedsore acquired at the facility. Any advancing stage of a developing bedsore in a nursing home is usually an obvious sign that neglect and mistreatment is occurring at the facility. When family members detect a bedsore, it is essential to take immediate action to protect their loved one from further harm. It is essential to hire an Idaho bed sore attorney to stop the pain and abuse.

A skilled lawyer can hire a medical team with specific training in treating difficult decubitus ulcers. They provide their services in cities all across Idaho including:

  • Boise
  • Nampa
  • Pocatello
  • Idaho Falls
  • Meridian

Fill in the form here to make contact with a reputable Idaho bed sore attorney to stop the neglect now. These experienced lawyers at Rosenfeld Injury Lawyers LLC work on contingency, meaning no upfront fees are required to obtain financial compensation for your loved one and ensure that they receive the best medical care possible.

Call (800) 926-7565 Toll-Free for a No Obligation Consultation
Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 2 years from date of occurrence. (Idaho Stat. Title 5 (Proceedings in Civil Actions in Courts of Record), Chapter 2 (Limitation of Actions), §5-219 – Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries)
  • Medical malpractice – 2 years.  In cases involving a foreign object, the cause of action accrues when the injured party knows or should have known of the injury, and the cause of action may be brought within two years of act complained of or one year following the date of accrual, whichever is later. (Idaho Stat. Title 5 (Proceedings in Civil Actions in Courts of Record), Chapter 2 (Limitation of Actions), §5-219 – Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries)

DAMAGES CAP

  • $250,000 cap on non-economic damages per claimant in personal injury and wrongful death actions. The cap will be adjusted annually beginning July 1, 2004 based on the average annual wage. The limit does not apply to causes of action arising out of willful or reckless misconduct, or felonious actions or punitive damages. (§6-1603)
  • Punitive damages – Capped at $250,000 or an amount equal to three times compensatory damages contained in the judgment.(§6-1604 – Limitation on punitive damages)

Wrongful Death

STATUTE OF LIMITATIONS</h3strong

  • 2 years. (Idaho Stat. Title 5 (Proceedings in Civil Actions in Courts of Record), Chapter 2 (Limitation of Actions), §5-219 – Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries)

DAMAGES CAP

  • $250,000 cap on non-economic damages per claimant in personal injury and wrongful death actions. The cap will be adjusted annually beginning July 1, 2004 based on the average annual wage. The limit does not apply to causes of action arising out of willful or reckless misconduct, or felonious actions or punitive damages. (§6-1603)
  • Punitive damages – Capped at $250,000 or an amount equal to three times compensatory damages contained in the judgment. (§6-1604 – Limitation on punitive damages)

State Resources

Nursing Home Care State Law
  • Rules of the Board of Examiners of Nursing Home Administrators  (§24.09.01)

Related Articles Nursing Home Abuse & Neglect Resources
Client Reviews
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric