According to the website https://www.seniorliving.org/, U.S. nursing homes received 94,499 citations in 2023. 8.1% (7,654) of these citations were related to abuse, neglect, or exploitation.
The National Council on Aging (NCOA) reports that as many as five million older Americans experience abuse every year, many of them residing in nursing facilities. According to a Lexington nursing home negligence attorney, a nursing home that does not deliver proper supervision or fails to implement necessary safeguards can face liability for injuries or deaths sustained from falls by residents.
Let’s find out what families can do to seek justice in a case of an injury in a nursing home.
Understanding Nursing Home Negligence
When it comes to nursing home care, you must think about what amounts to negligence. Neglect occurs when a resident is not afforded needed care and suffers injury or harm. This scenario may include a lack of supervision or neglect in cleaning or in medical attention.
Nursing home staff must provide respect and give undivided attention to your loved ones. Not doing so can lead to a wrongful death situation.
The safety of your loved ones should be prioritized. Their health indicators should be properly monitored. Following these tips goes a long way in building support structures that let your loved ones feel appreciated and secure in the nursing home.
In the worst-case scenario, you may need a wrongful death lawyer if you have lost a family member to a recent accident. Whether the death was immediate or it stemmed from an injury suffered during an accident, a lawyer can be an integral resource as you move forward, according to wrongful death attorney Frank Santini.
Common Causes of Fatal Negligence in Nursing Homes
Negligent acts are often a result of systemic factors, although occasionally these implicate human error. Understaffing is one of the primary causes of concern, as it deprives residents of much-needed attention. Caregivers become overloaded and may overlook significant changes regarding their patient’s health status.
Undertrained employees won’t know what to do when an emergency arises. Not cleaning properly can also foster disease and death. Medication errors are not uncommon and may even result from miscommunication or plain negligence. These always have disastrous consequences.
Neglecting to assist a resident in moving around the facility can result in a severe fall. This negligence creates a risk for older relatives who are confined to nursing homes, so families should be cautious as to how the staff cares for their elderly family members.
Legal Rights of Families Affected by Nursing Home Negligence
If you lost a loved one as a result of a nursing home’s negligence, you should know what your legal rights are. You may be able to collect money to pay for medical expenditures, pain and suffering, and mental distress. More than just a matter of money, pursuing a claim also holds the facility accountable.
You should file complaints with state regulatory agencies so they can look into the matter further. You should also think about getting in touch with a lawyer to see whether you can file a wrongful death claim. It won’t be easy, but many families have been through the process and found help for their cause. Your voice will matter and help bring about justice and change.
Steps to Take After a Loved One’s Death Due to Negligence
The loss of a loved one after a nursing home malpractice incident can traumatize a family. The victims are then left to contemplate their next course of action. Nobody should suffer alone. Family and friends should be at hand for reliable support whenever needed.
Collect all documentation relevant to the caregiving of your loved one, including medical records and incident reports. These papers would give more context about the incident. Consult an expert malpractice attorney who focuses on nursing home cases if you feel that something is wrong.
You should not forget to take care of yourself as you take care of others.
Seeking Justice: Legal Avenues for Compensation and Accountability
After you grieve and gather the paperwork, plan how you will pursue justice. The nursing facility should be held responsible for being careless. Contemplate hiring a competent lawyer who specializes in wrongful death claims to assist you in exploring the legal system and figuring out if you have a strong case.
You might want to file a lawsuit to obtain money for your loved one’s death and for the emotional pain it caused you. You may also report the facility to any regulatory agencies, which could investigate and apply some changes to avert more resident protection issues.
