Nursing Home Injuries

While laws regulating the standard of care for elder care facilities may vary state to state, almost every state recognizes certain injuries to be indications of nursing home abuse and negligence, violating the rights of and causing harm to the resident.

If the resident is of sound mind and has not been declared incompetent, the resident is the primary person to file a nursing home abuse lawsuit against the healthcare facility for the substandard care received. If the resident is not of sound mind, a family member or close friend or person with power of attorney may file the suit on the resident’s behalf.

If the resident is deceased, a family member, such as a spouse or child, may file a lawsuit for the wrongful death of the resident.

Nursing home injuries generally fall into six primary categories:

1. Restraint injuries

These injuries are the most prevalent in nursing home abuse cases. Restraining devices can include bindings for hands and feet, vests, neck supports, bed rails, etc. Some residents will be put in restraints for their own protection. An injury or death caused by the use of restraints can indicate gross negligence on the part of the staff for not properly supervising the resident while in restraint. Such injury or death can also indicate gross negligence on the part of the care facility for not providing enough staff to adequately supervise residents in restraints.

2. Decubitus ulcers (pressure sores)

Nursing home abuse suits filed regarding decubitus ulcers are some of the most disputed of all elder care cases. Vascular disease, diabetes, and other circulatory disorders are common in the elderly and can contribute to the development of the resident’s pressure sores. A careful analysis must be made, therefore, as to when the pressure sores developed and whether it can be proved that the sores appeared while the resident was already in the healthcare facility. Medical evidence supports the position that pressure sores can be prevented, even in patients with compromised circulation.

3. Severe dehydration and malnutrition

Dehydration and malnutrition go hand in hand. One will generally not exist without the other. These are not difficult concepts to understand, but they can be very difficult to prove. Was the resident given enough food to eat and water to drink? The resident’s records and charts may help prove the case. However, extensive investigation will be required.

4. Exposure to the elements

Relatives of residents often are unable to visit frequently. They must, therefore, place an enormous amount of trust in the healthcare staff to monitor the resident and provide care and comfort. This trust is betrayed when a resident is found to have wandered away or was improperly allowed outdoors. Evidence showing that a resident was allowed to wander and suffer or die due to prolonged exposure to the elements has been especially compelling to juries.

5. Falls and fractures

Falls are common among the elderly and the resulting injuries can have a significant impact on a resident’s health. Hip fractures are the most common form of injury from a fall. Hip fractures have a long recovery period, frequently require surgical intervention, and can result in long-term disability. In a case of this nature, it will be important to know if the staff-to-resident ratio was adequate to provide needed supervision of residents. Was the resident’s physical condition properly assessed by the staff regarding vulnerability to such falls and injury? If the patient was vulnerable to falls, did the staff take the proper precautions (use of appropriate restraints and/or supervision) to prevent them?

6. Physical mistreatment and assault

To present a strong case in a suit charging physical mistreatment and assault by a staff member or fellow resident, it will be important to prove that the mistreatment or assault was “foreseeable.” For example, if the injuries incurred were the result of mistreatment by a staff member, it would be important to know if a proper background check on that staff member was conducted before hiring him or her. If the assault was by a fellow resident, was the facility aware of that resident’s tendency to violent behavior? What steps were taken after the assault to prevent further violent behavior?

An injured victim has nothing to lose and much to gain by contacting us for a free legal consultation concerning an injury claim. You may contact us by telephone at (847) 577-1123 or by e-mail at rfw@injurylawattys.com for a free consultation.