Unexplained infections or an outbreak of an infectious disease in a nursing home is a potentially devastating problem. With proper sanitation and precautions, there is no reason why a widespread disease outbreak should occur within a nursing home. This can be a clear sign that something is amiss and should be investigated. Dealing with an outbreak in a senior population can be seriously challenging and could put your loved one at further risk. It is imperative that nursing homes take the necessary precautions to prevent infections and to maintain a high standard of care.
If your loved one experienced a serious infection or an outbreak of disease while under the care and supervision of a nursing home and its staff, they could be entitled to compensation related to what happened. According to the National Institute on Aging (NIA), withholding access to health care and not meeting physical and social needs is a form of elder abuse. An outbreak means that your loved one was put in harm’s way. After all, seniors live in nursing homes because they need extra medical care. Most nursing home residents already have serious or chronic health needs to manage. An infection could have fatal consequences for them.
You can contact the office of a San Antonio infections outbreak and disease lawyer to learn more about your legal options. It is possible that you have more options for recourse than you may realize. Contact Pintas & Mullins Law Firm at (800) 842-6336 for a free consultation as soon as you can.
Example of Nursing Home Infections Outbreak and Disease
There are many different past examples of nursing home infections, outbreaks, and diseases. Some notable conditions include:
- Methicillin-resistant Staphylococcus aureus (MRSA)
- Resistant Gram-negative bacilli
- Vancomycin-resistant enterococci
- Seasonal influenza
- Swine flu
- Urinary tract infections
- Viral gastroenteritis
- Bacterial gastroenteritis
- Skin infections
- Soft-tissue infections
Many infectious diseases can be the culprit of a widespread outbreak in a nursing home. If your loved one experienced an outbreak that is not on this list, it is possible that you can still seek legal action on their behalf for this condition. Discuss the specifics of your potential case with a nursing home abuse lawyer to see what they would recommend in your case.
Statute of Limitations
According to the Texas Civil Practice and Remedies Code §16.003, nursing home abuse has a two-year statute of limitations in Texas. This is a time limit that you have to file your lawsuit. You cannot file a lawsuit outside of this window once it passes. As soon as the incident happens, it can be a good idea to speak with a lawyer to see what your legal options are. It can give you more information about what makes the most sense in terms of your next steps.
For a free legal consultation with a Infections Outbreak and Disease Lawyer serving San Antonio, call (800) 794-0444
One of the early steps that your nursing home abuse lawyer will take is to work with you to determine liability for what happened. Based on the research, one or more parties could be held liable for any injuries or suffering. You might be surprised that both the nursing home and the individual caregivers involved can be held responsible for what happened. It depends on what happened and what fell through in terms of the standard of care.
Nursing homes should have processes and supervision in place to ensure that none of the nursing home residents are abused. When this does not happen, it puts residents at risk. This counts as an issue that nursing homes had responsibility for.
In some cases, it is the individual caregiver or the company that a third-party contractor, such as a CNA, works for. The infrastructure and employment situation at every nursing home is different. Based on what systems and infrastructures are in place, the liability can change.
In the event that you are able to file a lawsuit against a company, there is a good chance that you may have to work with the company’s business liability insurance provider. Most companies maintain business liability insurance to protect them in the event that they are sued. This can be a good thing for victims, as there is a better chance of a settlement because many insurance providers try to settle cases as opposed to going to court.
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Medical Expenses and Other Forms of Compensation
There are several types of potentially recoverable compensation that might impact your case. This includes compensation for medical expenses, mental health care, physical therapy, rehabilitation, punitive damages, and pain and suffering. The exact types of compensation that can impact your case will vary based on what happened to your loved one. Your lawyer can give you a better idea of what you could expect, based on your case compared to past cases.
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Settlement vs. Trial
Settlements and courtroom trials are two possible paths for your legal case. Regardless of what happens over the course of your civil lawsuit, your lawyer can help. If you receive a settlement offer, your lawyer can help you to negotiate the amount and to ensure that it is a fair settlement.
A trial means that your case will be tried in front of a judge, who will determine the verdict and appropriate sentencing. Not all civil cases go to trial. Your lawyer will be able to help you throughout the trial process. They can help by detailing and presenting your case and handling all necessary paperwork associated with going to trial.
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Contact Us Today
The office of a San Antonio infections outbreak and disease lawyer can help you decide what legal action to take. Call Pintas & Mullins Law Firm at (800) 842-6336 today for your free consultation. You will not have to worry about paying for the consultation, and our team works on contingency, in the event that you want to pursue legal action. You will not have to pay for anything unless we win your case.
Call or text (800) 794-0444 or complete a Free Case Evaluation form