Families often do not make the difficult decision to place a loved one in a nursing home unless they feel that they cannot sufficiently provide for their needs. Nursing homes exist to care for those who have trouble caring for themselves, such as dependent adults and the elderly. While many nurses and aides go above and beyond to treat their residents with exceptional care, some do not follow even the most basic protocols for adequate care, and their abuse and neglect can lead to disastrous consequences.
Even worse, the nursing home industry downplays these incidents so they can keep their funding and good ratings.
Accidents happen, and staff errors will inevitably occur. Nursing home administrators have a responsibility to recognize these mistakes, identify the root of the problem, and work to correct it for the benefit of their residents. When they fail to do so, abuse and negligence may continue.
If your loved one fell at a nursing home as the result of staff negligence, a Kansas City falls lawyer can help you pursue compensation in your case. Contact Pintas & Mullins Law Firm today at (800) 842-6336 to speak with our legal team about your case.
Nursing Home Neglect Can Lead to Falls
According to the National Consumer Voice for Quality Long-Term Care, neglect is “the failure to care for a person in a manner, which would avoid harm and pain, or the failure to react to a situation which may be harmful.”
The organization adds that staff may neglect residents on purpose or unintentionally, such as when they do not have the appropriate training to handle resident needs. Examples of negligence include a lack of assistance with:
- Using the toilet or changing undergarments
- Eating and drinking
- Walking
- Washing hands, bathing, and other hygiene routines
- Calls for help
Many elderly nursing home residents lack the mobility required to take care of their needs on their own, but when they do not receive help from nursing home staff, they may attempt to get up by themselves. This can lead to falls, which can cause severe injuries and even death.
Falls Pose a Serious Risk to the Elderly
Anyone can suffer injuries as the result of a fall, but adults aged 65 and over have an increased risk of experiencing a serious complication, according to the Centers for Disease Control and Prevention (CDC).
Falls account for more fatal injuries and non-fatal trauma than any other cause of hospital admissions among those aged 65 and over, and they have a substantial economic impact on the healthcare system and the victims themselves. Pintas & Mullins Law Firm can help you recover damages for the fall injuries you or a loved one suffered at a Kansas City nursing home. Contact us at any time with more information about your case to get started.
For a free legal consultation with a Falls Lawyer serving Kansas, call (800) 794-0444
A Kansas City Falls Lawyer Can Help You Establish Liability in Your Case
Nursing homes have a legal responsibility to maintain the health and safety of residents to the best of their ability, and if you experienced neglect or suspect that your loved one may have, you may have the opportunity to hold them accountable for the harm they caused. A lawyer can investigate your case and help you take the appropriate steps to pursue financial recovery.
To establish fault in your case, you must first prove that the actions or failure to act of the nursing home staff meet the four criteria for legal negligence, which include:
- Duty of care: The staff had an obligation to protect your loved one from harm.
- Breach of duty: The staff breached their duty of care through a negligent act or a failure to act.
- Causation: The staff’s breach of duty led to your loved one’s fall injuries.
- Damages: The injuries of your loved one led you to incur significant damages.
Once you have established liability in your case, a Kansas City falls lawyer can help you pursue legal action in your case.
Kansas Falls Lawyer Near Me (800) 794-0444
Financial Awards in Nursing Home Abuse Cases
If someone you love suffered a severe or fatal injury after falling at a nursing home, you may qualify for financial recovery for your damages. The types and amounts of awards you may receive vary depending on the circumstance of your case. They may include economic damages, which refer to losses that the court can measure, such as fall-related healthcare expenses. In some cases, victims and their families can receive non-economic damages, such as pain and suffering for disability, disfigurement, or loss of consortium, as well.
In cases in which a judge finds the actions of the defendant particularly heinous, they may also impose punitive damages on the negligent party. These types of damages do not qualify as either economic or non-economic damages. Instead, they serve as an additional form of punishment and a potential deterrent to prevent similar situations from occurring in the future.
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Nursing homes have an obligation to properly train their staff, oversee all resident care, and swiftly resolve any issues that could have a detrimental effect on the health and safety of the residents in the facility. When they fail to do so, instances of neglect can lead to serious concerns such as falls and other accidents, which can cause the resident to suffer severe and sometimes deadly injuries.
If you or a loved one suffered a fall in a nursing home, Pintas & Mullins Law Firm can help you pursue financial recovery for your losses. Contact us today at (800) 842-6336 to speak with our legal team about your free case evaluation.
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