Nursing Home Malpractice and Nursing Home Abuse

Posted by Richard P. Hastings | Sep 20, 2015 | 0 Comments

Medical malpractice is the deviation from the acceptable medical standard of care which causes results in some type of harm to the patient. It can and does happen in a health care facility including nursing homes. Nursing home malpractice is any intentional act or negligence committed by a nursing home professional and/or staff member that potential causes physical, economic, or psychological harm to the residents.

Malpractice can occur if the care provided deviates from accepted standards of practice in the community and causes injury or death to the resident. While most facilities attempt to provide competent care, there are instances when the quality of care is not up to standards, and as a result medical malpractice occurs. General neglect is the most common nursing home malpractice and could include:

  • Failure to assist in personal hygiene;
  • Failure to provide appropriate medical care;
  • Failure to provide appropriate food, clothing, and shelter;
  • Failure to prevent or treat malnutrition and dehydration;
  • Failure to prevent falls; and
  • Failure to provide a safe environment.

Any act or failure to act perpetuated by staff member that causes harm to a resident could be considered nursing home malpractice. Signs of or symptoms of these problems can include:

  • Bedsores; 
  • Pressure sores;
  • Infections;
  • Dehydration;
  • Malnutrition;
  • Unexplained ailments;
  • Undetected or misdiagnosed medical conditions;
  • Slip and fall accidents;
  • Medication errors;
  • Inappropriate physical restraint;
  • Untreated pain; and
  • Inadequate staffing, inexperienced or under-trained staff, negligent supervision, and patient isolation.

When the minimum standards governing the nursing home industry not met, the party responsible can be held accountable for any damages caused by the malpractice. Elder abuse in a nursing home is also a malpractice. There are different types of elder abuse: physical abuse, financial abuse, sexual abuse, emotional abuse, neglect and health care fraud.

A victim of nursing home malpractice can file a claim for malpractice. The claim must be made within the statute of limitation which varies from state to state. The victim must generally prove four elements in a nursing home negligence claim:

  • (1) a duty of care was owed by the nursing home;
  • (2) the home violated the applicable standard of care;
  • (3) the victim suffered a compensable injury; and
  • (4) the injury was caused in fact and proximately caused by the substandard conduct.

The burden of proving these elements is on the victim. Sometimes nursing home malpractice can also result in the death of the resident. In such cases, the survivors of the deceased resident can file a claim for wrongful death against the nursing home and its staff. To prove a nursing home malpractice case, expert testimony may be need to provide that employees of the nursing home failed to render care and treatment that meets the prevailing standard of care in the industry, and that this breach of the standard of care caused the resident's injury or death.

If you suspect you are a victim of medical malpractice or nursing home malpractice for any reason, it is recommended that you seek legal advice immediately. If you have any further questions, contact Hastings, Cohan & Walsh, LLP at 888-244-5480.

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Sample

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.

Let Us Fight for You

Local Presence. Statewide Coverage.

When you choose Hastings, Cohan & Walsh, LLP you will receive the one-on-one attention and individualized support that you deserve. Our Connecticut personal injury attorneys will not treat you as just another case number nor will we hand your case off to a paralegal.

Unlike other law firms, we will personally handle each legal aspect of your case, walking with you every step of the way. We aim to provide the highest quality representation possible. We have extensive experience and training in a variety of aspects of personal injury law. We obtain the knowledge and skill-set necessary to maximize your compensation.

440 Main Street
Suite 2

Ridgefield, CT 06877
203-438-7450
Mon, Tue, Wed, Thu, Fri: 08:30am - 05:00pm

Menu