Nursing home residents can fall victim to all manner of illnesses due to their age and the condition of their immune systems. However, nursing home caretakers have an obligation to provide their residents with the care they deserve either to recover or at least remain comfortable.
Should a nursing home fail to provide your loved one with the care they need to recover from an infection, you can take legal action against the specific parties you believe to be liable for your loved one’s losses. To take action against the party you believe to be liable for your loved one’s losses in an untreated infection case, you can contact My Nursing Home Lawyer at (800) 842-6336.
Common Nursing Home Infections
In the era of COVID-19, watching for signs of illness in your loved ones is more important than ever. Nursing home residents, in particular, not only live in environments that can see the significant transmission of such illnesses but also are more likely to experience the more severe symptoms that come with the more common illnesses.
While nursing home caretakers may not be able to prevent your loved one from contracting an illness, it is the responsibility of the attending staff to see to it that your loved one has everything they need in order to recover. Failure to provide treatments and care can be classified as forms of negligence and abuse in a court of law.
Some of the most common infections that can plague nursing homes include:
- Viral infections, such as COVID-19, pneumonia, myelitis, croup, rabies, warts, and hepatitis
- Bacterial infections, ranging from pneumonia to tuberculosis
- Fungal infections of the fingernails, lungs, mouth, or intestines
Symptoms to Watch for in Your Loved One
If you believe a loved one may be suffering from an untreated illness, you will want to keep an eye out for signs that not only give away that illness but also signs that might also give away neglect. These signs can include:
- Bruises or other physical wounds
- Sudden onset of anxiety or depression
- Self-isolating behaviors
Responding to Untreated Infections in a Nursing Home
The failure to treat a party suffering from an infection in a nursing home can constitute negligence, and you may choose to bring your case to court or to the attention of an attending legal professional. The Centers for Medicare & Medicaid Services (CMS) elaborates on this right, noting that caretakers in nursing home facilities are required to attend to residents’ medical needs as well as their nutritional and hygienic needs, especially if those parties are not able to care for these needs on their own. Families, too, should be notified if their loved ones fall victim to an illness, regardless of how that illness progresses.
The failure to provide residents with an ordinary degree of care constitutes a violation of a resident’s right to a standard of care. Should you choose to gather evidence of this violation and bring it to an attending legal professional, you may have the opportunity to fight for compensation based on your loved one’s losses.
Your avenues for compensation may be economic and noneconomic, depending on the severity of your loved one’s condition. Economic damages can range from the cost of medical treatments needed to restore your loved one to health as well as the replacement of any medical aids they may have lost or damaged. Non-economic damages, comparably, can include the emotional distress that close family members and spouses underwent as a result of a loved one’s infection.
For a free legal consultation with a Dallas Untreated Infections Lawyer serving Dallas, call (800) 794-0444
Legal Steps You Can Take to Fight for Compensation
When it comes to seeking compensation, you have a few different options available to you. In some cases, if a nursing home recognizes that its caretakers failed to provide your loved one with the attention they needed while suffering from an infection, you may receive a settlement offer. Settlement offers allow you to avoid going to court while also placing the responsibility for your loved one’s losses on a particular party. You do not, however, have to accept a settlement offer without considering its value in full. You can calculate your potential compensation with a Dallas untreated infections lawyer on your own time, and compare your calculations to determine whether or not the settlement meets all of your needs.
If you do not receive an offer, however, you have two options that might allow you to pursue compensation: a demand letter and a complaint.
Writing a Demand Letter
Demand letters can help you fight for compensation without going to court, so long as the party who receives the demand letter is open to communication. In your letter, you should outline what damages you believe your loved one has suffered and, in turn, what compensation you believe you may be entitled to on your loved one’s behalf.
Filing a Complaint
Comparatively, complaints allow you to take an untreated infection case to court, so long as you submit the necessary documentation within Chapter 12 of Texas’ Code of Criminal Procedure. Your complaint can outline the same information as your demand letter, but you should deliver it to a judge instead of to the party you believe to be liable for your losses.
Dallas Dallas Untreated Infections Lawyer Near Me (800) 794-0444
Talk About Your Case with a Dallas Untreated Infections Lawyer
Should you choose to pursue a case after a loved one’s neglect, you do not have to worry about any affiliated legal fees. We operate on contingency and will not send you a bill for the services you request unless you receive compensation for your loved one’s losses.
Nursing home residents are particularly susceptible to illnesses of all sorts, and it is the responsibility of their caretakers to ensure that they have the medications and treatments they need to recover or remain comfortable. Failure to provide these may allow you to file for compensation, based on the losses your loved one has endured.
If you want to learn more about the process of filing a case against a party who may have neglected your loved one, you can contact My Nursing Home Lawyer at (800) 842-6336.