There is no difference between a fracture and a broken bone. Both refer to the same type of injury. Broken or fractured bones could signal the neglect of an elderly adult in a nursing home.
If your loved one lives in a nursing home or skilled care facility and recently suffered a broken bone, seek immediate medical attention. Afterward, a nursing home abuse and neglect attorney may help you through the legal process while keeping your rights in mind.
Healing Broken Bones in Elderly
Bones break for different reasons and in different ways. The National Institutes of Health (NIH) notes that falls, bone fragility, osteoporosis, and cognitive impairment can lead to minor and severe fractures. A bone breaks due to repeated stress, traumatic injury, or too much compression. When you break or fracture a bone, it will not heal until you stabilize, immobilize, and rest it. Bones generally take at least six to eight weeks to heal after a fracture. In an elderly person, healing time can be even longer.
Recovery Complications for Seniors with Broken or Fractured Bones
Broken bones heal in stages and might not ever fully recover. Some people who have experienced broken bones report chronic pain for months or years after the break happens, according to the NIH. It may take additional weeks for an elderly person with a broken bone to heal, and he or she may never fully heal from the fracture.
Another risk after a broken bone heals includes the chance of repeated injury. Anyone with a history of osteoporosis, falls, or a cognitive disease risks another fall. Making the decision to put your loved one into a nursing home is difficult, and news of a broken bone can devastate your family. If your loved one suffered a broken bone as a result of nursing home neglect, it may help to go over your case with a nursing home attorney.
Legal Remedies Available for Nursing Home Neglect
Your legal options will vary when you seek compensation for neglect in a nursing home. If you think your loved one suffered a broken bone as a result of neglect in a nursing home facility, different legal options may apply to your case.
Nursing home cases usually take place in a civil court. When dealing with nursing home neglect, your options for filing a claim may include any of the following: negligence, wrongful death, medical malpractice, or breach of contract.
Other possible claims may apply to your case as well. In civil court cases, the victim must file a claim with evidence that a liable party caused the injuries or losses suffered by the elderly loved one. You may help your case by seeking the advice of a nursing home neglect lawyer.
Protection for Elder Abuse and Neglect
Previous cases of elder abuse have led to the current laws and regulations in nursing homes. These laws aim to protect our loved ones so that caregivers and nursing home staff provide a universal standard of care for all older Americans. A nursing home attorney can help you understand how which specific nursing home law a caregiver violated, which led to your elderly loved one’s fracture.
Examples of nursing home laws caregivers may have violated include:
- Nursing Home Reform Act.
- Social Security Act.
- Older Americans Act.
- Long-Term Care Ombudsman Program.
- State-specific Adult Protective Services.
- State-specific Elder Abuse Laws.
Ultimately, the burden of care, compassion, and safety are legal responsibilities. The NIH reports that some studies suggest that elder abuse may occur as frequently as child abuse. If you have any doubts about the standard of care in your loved one’s nursing home, seeking legal representation may help you determine if you qualify for compensation after a loved one suffered a fracture.
Contact a Nursing Home Abuse and Neglect Attorney for Help
When you make the decision to move your loved one into a nursing home or skilled care facility, you expect a high standard of care. No one wants to hear that their loved one suffered abuse or neglect in a nursing home. If elder neglect or abuse does happen, understanding the case and how to move forward with legal action might be easier to manage with legal representation.
The nursing home lawyers at Pintas & Mullins Law Firm can help you and your family take action to seek compensation for your loved one’s pain and suffering, medical bills, and more. You can call us at (800) 842-6336 for a free consultation.