No one places their loved one in the care of a nursing home expecting anything less than adequate care. From meeting their medical needs to seeing basic hygiene requirements, these facilities control every aspect of a resident’s welfare. Unfortunately, not every nursing home meets the standard of care for this task.
Malnutrition can be a harmful form of nursing home abuse. If your loved one has not received the care they need, let Pintas & Mullins Law Firm advocate on their behalf. To get started, call (800) 842-6336 to speak with a member of our legal team right away.
Signs of Malnutrition
It can take active steps to spot the signs of malnutrition. To understand the signs, it is first important to understand what malnutrition is. Malnutrition includes a variety of conditions that stems from the lack of necessary nutrients in the diet. Johns Hopkins Medicine defines it as a condition that involves the deprivation of vitamins, minerals, and nutrients required for the body to function as it should.
Malnutrition generally occurs when a nursing home resident does not consume enough essential nutrients in their diet. However, some medical conditions cause the body to excrete these nutrients before the patient can absorb them.
Seniors can be especially susceptible to malnutrition. Not only are their needs different from younger adults, but some of them lack the capacity to manage their nutritional needs independently. Some of the signs of malnutrition include:
- Unexplained weight loss
- Lack of appetite
- Depression
- Inordinate slow healing from injuries or wounds
- Diminishing muscle mass
- Fatigue
- Personality changes
- Frequent illnesses
- Frequent infections
If you have noticed any of these signs, it is in your best interest to seek medical treatment for your loved one immediately. If you determine that your family member has suffered negligent care, do not hesitate to contact the Pintas & Mullins Law Firm. Call right away to see how a Louisville malnutrition lawyer can help you seek justice.
Pursuing a Negligence Case Based on Malnutrition
Following a case of malnutrition, it may be in your best interest to pursue legal action against the nursing home on behalf of your loved one. Typically, these cases involve a claim of negligence on the part of the facility or its staff. Establishing negligence requires that you prove four elements: the existence of a duty of care, the breach of the duty, causation, and damages. Although it is clear that a nursing home owes its residents a duty of care, establishing the other three elements requires a mix of witness testimony and documentary evidence.
Malnutrition cases usually occur as a result of negligence. This could involve the nursing home failing to hire staff at the necessary levels or even fail to adequately train them. Individual caretakers could also act with negligence by failing to ensure residents can eat the food they are provided.
In other situations, a criminal act could result in negligence. This would involve an act of intentional abuse designed to deprive your loved one of the nourishment they need. You can pursue a civil case whether or not there is also a criminal investigation in place.
An important aspect of a legal claim is to pursue it right away. Any delay makes the collection of evidence more difficult. This only benefits the negligent party who is responsible for your loved one’s malnutrition.
For a free legal consultation with a Malnutrition Lawyer serving Louisville, call (800) 842-6336
Potential Awards in a Malnutrition Lawsuit
Your family should not face the financial burden of helping your loved one recover from malnutrition. Instead, we may be able to assist with holding the negligent party financially responsible for their actions.
These efforts begin with documenting the trauma that malnutrition has caused your family member. This includes more than just the physical toll malnourishment can have. We will also record any mental or emotional trauma that occurs as well. By carefully documenting the hardships your loved one has faced, we can increase the chances of obtaining a fair financial settlement.
Louisville Malnutrition Lawyer Near Me (800) 842-6336
Aggressive Approach to Challenging Cases
Nursing home residents deserve the best care available, and we will pursue those who fail to provide that care.
Nursing homes may have substantial assets to defend themselves. This typically means they have the support of insurance companies and lawyers. Our team will help you navigate the legal process, pursue the compensation you deserve, and aid your case in the following ways:
- Investigate the claim and speak with witnesses
- Ensure your loved one’s right to file suit is protected
- Draft necessary pleadings
- Negotiate potential settlements
- Represent your family during court proceedings
- Compile medical records and other necessary documents
There is no requirement that you take on the challenge of a negligence suit against a nursing home with legal counsel. However, it could be beneficial for you to seek the assistance of a Louisville malnutrition lawyer right away.
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Statute of Limitations in Kentucky
Kentucky Revised Statutes (KRS) §413.140 dictates that you have one year to file a personal injury lawsuit. If you do not file before then, you may be prohibited from pursuing any type of compensation by the state.
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How a Louisville Malnutrition Lawyer Could Help
If your loved one has been suffering due to malnutrition, they have the right to pursue a legal claim against the nursing home. The attorneys of Pintas & Mullins Law Firm understand what is at stake in these cases, and we will work tirelessly to obtain justice on behalf of your loved one.
If you are concerned about potential legal costs, rest assured we take cases on a contingency basis. That means if we are unsuccessful in our efforts, you will never owe us a fee. To further discuss your case, call us at (800) 842-6336 to speak with a team member today.
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