If your loved one suffers malnutrition in a nursing home, you have options to pursue a claim. A Philadelphia malnutrition lawyer can investigate the case and determine the right course of action. At Pintas & Mullins Law Firm, we can ensure a positive outcome due to our past success in similar cases. Call us at (800) 842-6336 for an evaluation of your case.
The federal and state laws mandate nursing homes to provide adequate nutrition to all residents. Many of these cases are avoidable, but they continue to occur due to negligence.
Continued deprivation of essential nutrients can cause severe health consequences to an elderly adult.
Recognizing Your Loved One Suffers Malnutrition
Aging comes with several body changes. Older adults are more susceptible to malnutrition due to activity level, calorie requirements, and chronic health issues. Staff members in nursing homes must attend to all residents with diligence to prevent exposure to complications.
Understanding the signs of malnutrition can help you identify the issue and take action before the situation worsens. Although detecting malnutrition in adults can be challenging, you can observe your loved one for some obvious and noticeable changes.
According to the Journal of Parenteral and Enteral Nutrition, the common signs of malnutrition to watch out for include:
- Refusing to eat during mealtime
- Constant fatigue
- Pain in the joints or bones
- Frequent sickness
- Brittle nails
- Sudden weight loss
Negligence in a Nursing Home Malnutrition Claim
A nursing home resident may suffer malnutrition due to medication’s side effects or underlying health issues. However, if the care providers fail to discover the resident’s conditions and provide the necessary solution, it could signal negligence.
The nursing home should hire qualified professionals who can examine a resident and provide treatment. Well-trained employees can recognize malnutrition signs and act immediately to prevent severe complications.
In a nursing home malnutrition claim, you will need to show that your loved one suffered malnutrition because of the facility’s negligence. A Philadelphia malnutrition lawyer can help you identify how the nursing home neglected your loved one, including:
- Failure to pay attention to malnutrition signs
- Failure to provide adequate nutrition
- Failure to offer the required minerals, protein, and vitamins
- Improper supervision during meals
- Failure to assist residents who cannot feed themselves
- Failure to develop a personalized diet plan according to the resident’s needs
- Failure to offer the necessary medical treatment
- Failure to develop proper health and safety policies
- Failure to monitor the resident’s medication to know whether its side effects could result in malnutrition
- Failure to inform the resident’s physician about eating problems
- Inadequate staff members in the nursing home to care for all residents
- Failure to monitor a resident for sufficient intake of food
A senior citizen in a nursing home relies on the care providers to meet basic needs, including substantial nutrition intake and proper hydration. If the staff members responsible for caring for your loved one neglect their duty, the person can suffer physical harm and other damages.
A Philadelphia malnutrition lawyer can gather evidence to determine the liable parties and hold them accountable for their actions.
For a free legal consultation with a Philadelphia Malnutrition Lawyer serving Philadelphia, call (800) 842-6336
Damages You Can Recover in a Nursing Home Malnutrition Claim
Damages in a nursing home malnutrition claim may include economic and non-economic compensation. Economic damages involve the cost of medical treatment and other expenses.
If your lawsuit is successful, the several types of damages you may recover, depending on the severity of the consequences, include:
- Medical and physician bills
- Loss of capacity to earn
- Mobility and prosthetics equipment
- Psychological and physical therapy
- Cost of hospitalization
- Burial and funeral expenses if the malnutrition led to the death of your loved one
You may also recover psychological and emotional damages, including:
- Disfigurement and scars
- Permanent disability
- Pain and suffering
- Wrongful death
- Loss of companionship
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Statute of Limitations
In Philadelphia, the complainant in a nursing home malnutrition claim has two years from the time of discovery to file a lawsuit under 42 Pa. Cons. Stat. §5524(2). If you suspect nutritional negligence in a nursing home, act immediately before the liable parties try to compromise evidence.
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The Significance of Our Philadelphia Malnutrition Lawyer
Malnutrition claims can be complicated, and after your loved one suffers malnutrition, you will want to make their physical recovery your main focus. This is why some victims seek legal assistance when filing a claim or lawsuit.
We can collaborate with a medical professional to evaluate your claim and determine what happened. When we discover the nursing home staff members failed in their duty to provide the required standard care, we can seek to hold them responsible for damages caused.
We understand some residents may have problems chewing food. In such a case, the Nursing Home Reform Act requires the facilities to offer ground-up or liquid nutrition. Employees should monitor residents for adequate intake of fluids to prevent hydration. We will review the situation to determine whether the care providers took the necessary steps to prevent malnutrition.
Providing proper nutrition is not challenging. Nursing home staff members need to monitor all residents and respond according to their needs. When we can prove the nursing home’s negligence caused your loved one to suffer malnutrition, our legal team can negotiate for a settlement.
We have handled similar cases for our clients in various ways, including:
- Thoroughly investigating the malnutrition claims and determining liability
- Making the at-fault parties pay for their negligent actions
- Helping clients throughout the legal process to fight for their rights and obtain a fair compensation
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Contact Pintas & Mullins Law Firm for Your Malnutrition Claim
Malnutrition in a nursing home can cause pain and suffering to the affected resident. The law requires these nursing homes to provide standard care, and no one should suffer due to the staff’s failure to perform their duties. If such a situation happens to your family member, our Philadelphia malnutrition lawyer can help you pursue compensation for damages.
Call Pintas & Mullins Law Firm today at (800) 842-6336 for a free consultation.