Many families would prefer to care for their aging loved ones themselves, but due to busy lifestyles or other limitations, they cannot provide them with the level of care they need. Choosing a nursing home for a loved one often presents a challenge, as families want to ensure that the facility always meets their needs. When they fail to do so, serious illnesses and injuries can result.
Comprehensive data compiled by ProPublica found that, of the more than 1,200 nursing homes in Texas, nearly 1,000 received citations for infection-related deficiencies. As of October 2020, facilities throughout the state paid a total of almost $16 million in fines for these and other violations.
The nursing home staff has an obligation to provide quality care to every resident at all times. Overlooking even basic assistance may constitute neglect, which can result in harm to the residents or the spread of infection. When an infection turns septic, the resident may end up fighting for their life.
If someone you love developed sepsis as the result of nursing home neglect, a Dallas sepsis lawyer could help you seek financial awards. Contact Pintas & Mullins Law Firm today at (800) 842-6336 to speak with our legal team about your case.
Nursing Home Neglect
While family and friends often notice obvious signs of nursing home abuse, neglect might take longer to recognize. Neglect can occur over an extended period of time, and your loved one might not exhibit indicators until their condition begins to worsen. The National Consumer Voice for Quality Long-Term Care defines neglect as failing to care for an individual to prevent harm or the failure to react to a potentially dangerous situation. Nursing home neglect examples include failure to help with:
- Body positioning
- Using the toilet or changing undergarments
- Eating or drinking
- Bathing or washing hands
- Calls for help
When nursing home staff fails to provide assistance with basic hygiene, the residents’ risk of infection increases, resulting in an increased risk of sepsis. Neglect can occur unintentionally, such as when nurses or aides do not receive proper training or have too many residents to care for at once. However, nursing homes have no excuse for inadequate care, and a lawyer can help you hold them accountable for the harm they caused.
The Prevalence of Sepsis in Nursing Homes
Living in a nursing home can increase a person’s risk of infection, which may also make them more vulnerable to sepsis. Because residents typically have close contact with many people, including other residents, visitors, and staff, they may also come into contact with many different types of illnesses brought into the facility. Without the appropriate health and safety measures, an infection can spread quickly.
For a free legal consultation with a Dallas Sepsis Lawyer serving Dallas, call (800) 794-0444
The Dangers of Sepsis
Sepsis starts with an infection anywhere in the body, from a urinary tract infection to pneumonia. Most cases of sepsis or septic shock result from bacterial infections. The Mayo Clinic explains that sepsis occurs when the body responds to an infection by releasing certain chemicals, but the body does not have a balanced response to the chemicals. The result is impaired blood flow to vital organs and limbs.
Approximately 40% of those who develop sepsis do not survive, but early diagnosis and treatment could improve the odds. If someone you love developed sepsis as a result of nursing home neglect, an attorney could be able to help you pursue legal action. Contact the team at Pintas & Mullins Law Firm at any time, and we will respond as soon as possible to discuss your case with you.
Risk Factors for Sepsis
In addition to advanced age, some factors that can put an individual at a higher risk for developing sepsis include:
- A weakened immune system
- Existing illness
- Wounds or burns
- Invasive treatment devices, such as catheters
If your nursing home failed to protect your loved one from developing an infection that caused them to go septic, a Dallas sepsis lawyer could help you seek financial recovery.
Dallas Dallas Sepsis Lawyer Near Me (800) 794-0444
Proving Negligence in Your Case
You can hold the nursing home responsible for the harm they caused you, but you must establish liability in order to file a claim against them. A lawyer could help you with this process by proving that the actions of the facility staff meet all four criteria for negligence:
- Duty of care: The nursing home had a responsibility to protect the health and safety of your loved one.
- Breach of duty: The nursing home breached its duty of care by acting in a reckless manner or failing to react to a situation that could cause harm.
- Causation: The breach of duty resulted in the injury of your loved one.
- Damages: The injury resulted in significant damages.
In order to prove negligence, your lawyer may gather evidence from the nursing home, your loved one’s doctors, and others involved in the case to support your claim. This may include the chart from the facility, medical records, staffing information, the facility’s history of complaints, and other pertinent information.
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Fighting Back Against Insurance Company Tactics
When a nursing home causes injury to a resident as a result of neglect, their liability insurance policies should cover the victim’s damages. Unfortunately, insurance companies work for a profit, and they are motivated to save money. Adjusters could try to blame the claimant or undervalue their injuries to avoid providing them with a fair settlement amount.
If an insurance adjuster reaches out to you with a cash settlement offer, you have a right to reject it and contact a Dallas sepsis lawyer to handle negotiations on your behalf.
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Pintas & Mullins Law Firm Could Help
Sepsis can lead to lasting injuries and even death, and its effects often continue beyond the initial incident. If you trusted a Dallas nursing home with the care of your loved one and their neglect caused the development of sepsis, the lawyers at Pintas & Mullins Law Firm could help you seek compensation. We are not discouraged by tough cases, and you do not owe us any fees unless we achieve financial recovery for you. Contact our legal team today at (800) 842-6336 for your free case evaluation.