Deciding to move a loved one into a nursing home may be a difficult decision. Everyone wants the best for their elderly relatives, and hope they receive respect and good care in a nursing home. Unfortunately, this may not always be the case. Nursing home abuse and neglect, although immoral and illegal, may happen.
Sometimes injuries may be one result of nursing home neglect or abuse. Examples of injuries from neglect include:
- Head injuries
- Preventable infections
- Injuries caused by wrong medications
- Malnutrition or dehydration
One of the main causes of injuries in nursing homes are falls. According to a Centers for Disease Control and Prevention (CDC) report from 2012, about 1,800 elderly adults living in nursing homes die of fall-related injuries each year. Those who survive, according to the CDC, may suffer from reduced mobility and reduced quality of life as a result of any falls. The injuries suffered in falls, such as traumatic brain injuries or a fractured pelvis, may be catastrophic or even fatal for the elderly person.
If your loved one is dealing with injuries suffered in a nursing home, or died from their potential injuries in San Francisco, California, the nursing home may be responsible and you may be entitled to compensation. Speaking with a San Francisco nursing home injury lawyer may help you better understand your legal options.
The team from Pintas & Mullins Law Firm does not charge fees upfront, and we only take our fee from your settlement if you win your case, so there is no need to worry about out-of-pocket costs if you hire us. Contact Pintas & Mullins Law Firm for a free case evaluation.
Many Injuries may be Preventable
If your loved one suffered an injury by accident, or if they were wilfully neglected or even abused by nursing home staff, the nursing home may potentially be held accountable. Some injuries are preventable, and a nursing home is responsible for keeping its residents safe from harm. Some injuries nursing home staff may potentially be able to prevent include:
Slips and falls
Nursing homes may prevent falls by ensuring there are no tripping hazards and all spillages are promptly cleaned up. Staff should identify residents that may be prone to falls and aim to minimize risks of falling.
Good personal hygiene may prevent bedsores. Turning a bedridden resident at regular intervals may also help.
Malnutrition or Dehydration
Having enough staff to assist residents with eating and drinking regularly, as well as monitoring their weight, may help prevent nutritional deficiencies.
Spread of Infections
Good hygiene practices and isolating sick residents may help prevent the rapid spread of infections.
These are just some examples in which a nursing home may be able to keep residents safe with simple protocols and procedures. Not doing so may be considered nursing home neglect, which is illegal. If you believe that your loved one is a victim of nursing home neglect, speaking to a San Francisco nursing home injury lawyer may be helpful.
Nursing Home Liability
If you are thinking about taking legal action, you may need to prove that a nursing home breached its duty of care to your loved one. There are many ways in which a nursing home may be negligent. A nursing home may, for example, put profits before the interests of the residents by saving on staff wages. Other ways in which a nursing home may be negligent include:
- Not training staff adequately
- Hiring negligently
- Not keeping premises free of hazards
- Not adhering to health and safety policies
- Failure to provide correct medical treatments
- Not supervising residents appropriately
Nursing homes should ensure the staff they hire have the correct qualifications, and are also vetted with background checks. Understaffing may be a serious problem in nursing homes, as residents may find their basic needs unmet if there are not enough staff members to assist them with eating or personal hygiene. Overworked and rushed staff may result in disastrous consequences and put residents at risk, through medication errors, bad hygiene, and malnutrition.
Nursing home residents are protected by law. The California Advocates for Nursing Home Reform (CANHR) list laws and regulations that apply to nursing homes in the state of California. These rights include, among others, the right to an environment that enhances a resident’s quality of life, as well as the right to have adequate staff numbers available for their needs. Nursing homes should also be free from abuse and neglect.
If your loved one suffered any preventable adverse health effects or injuries, you may be able to file a personal injury case against a nursing home. Call Pintas & Mullins Law Firm to find out how our team may be able to help you go after the compensation you may be entitled to.
For a free legal consultation with a Nursing Home Injury Lawyer serving San Francisco, call (800) 842-6336
Acting Quickly may be Important
If your loved one has suffered from neglect in the nursing home, it may be in their best interest to take timely action. Potential compensation recovered in a court case, for example, to help cover medical expenses or pain and suffering, may help your loved one heal and move on from their ordeal.
It may also be important to be aware of the statute of limitations set by California Courts for personal injury cases, which is two years from the day on which the personal injury occurred. If you are considering filing a personal injury claim against a government entity, you may only have six months. If your loved one has passed away from their injuries, you may file a wrongful death lawsuit within two years from the day on which the death occurred.
Let Us Work with You
Nursing home law may be complex. The nursing home may fight any claims with a team of lawyers. Our team may be able to help you take a nursing home to court, and assist with all aspects of building your case, leaving you free to spend more time with your loved one and help them heal. We do not shy away from tough cases.
A San Francisco nursing home injury lawyer may fight for your rights and compensation you may be entitled to. Call Pintas & Mullins Law Firm for a free case evaluation. We work on a contingency-fee basis.