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Bedsore Liability in Nursing Home Cases

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How is bedsore liability determined in nursing home cases

When a nursing home or hospital breaches the legal obligation to prevent injuries, they can be held liable for damages. This can include compensation for medical expenses, pain and suffering, and loss of quality of life.

The process of determining liability and the amount of a settlement varies from case to case. However, there are some common factors that can affect how your case progresses.

The Duty of Care

When a nursing home admits a resident, it assumes a duty to ensure that the patient meets their basic needs and is safe from harm. This duty of care is based on federal and state regulations, as well as industry standards for long-term care facilities.

If your loved one is injured at a nursing home, you may have a legal claim against the facility. To make a successful case, you must show that the facility breached its duty of care.

The breach must have proximately caused the injury. In other words, it must have been the direct cause of the resident’s injury or death.

Proving that the nursing home’s negligence is the proximate cause of your loved one’s injuries requires an experienced attorney. Your attorney will work to gather all the evidence necessary to prove your claim, including obtaining nursing home records and reports.

Inadequate Staffing

If a nursing home is understaffed, they may not have enough nurses on duty to provide all of the care that patients need. This can have a serious impact on a patient’s health and well-being.

The nurses that are able to attend to residents can help them with meals, bathe them and help them use the bathroom, among other tasks. These duties require a high level of skill and expertise, which is often not available when a nursing home is understaffed.

Nurses are also needed to reposition and move patients who have limited mobility, as this helps reduce pressure on the skin. If the patient is not moved on a regular basis, they can develop bedsores that can be difficult to heal.

If you have a loved one who has developed a bed sore or other type of nursing home injury, you should contact an experienced lawyer to discuss your options for compensation. Your attorney will be able to determine if negligence was involved and whether you have a case.

Improper Inspection

If you have a loved one in a nursing home, and you notice them suffering from undetected symptoms or deteriorating condition before a medical crisis occurs, it is important to immediately notify the facility. You should also seek the advice of an attorney who specializes in personal injury law and vulnerable adult abuse cases, as you may have a case for restitution.

Like any other product, a nursing home must undergo inspections to ensure that it is providing safe, quality care. But these inspections are often not as effective as they should be, and they can lead to a number of hidden costs with little added value.

Poor Training

When a nursing home does not invest the time required for employees to learn proper patient care, there is an increased risk of bedsores and other injuries. For example, nurses and healthcare assistants should be trained in repositioning patients to reduce the likelihood of pressure ulcers.

When this training is not done, then it can be a sign of neglect or negligence on the part of the nursing home. This can be a very strong basis to file a claim against the facility.

When a victim is able to prove the nursing home did not do their duty of care and that a bed sore occurred, then they may be eligible to sue for compensation. They may also be able to recover punitive damages which are designed to punish the defendant for their actions.

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