Accidents happen, but some accidents are preventable. Nursing home facilities must provide a safe environment for their residents. If staff members neglect their duties, the results can be devastating for your loved one.
If you are suspicious that your loved one’s accident could have been avoided, you might be able to seek justice. Nursing homes can be liable for injuries suffered, especially if staff members failed to keep the facility in proper condition. If the environment played a part in their injury, you might be able to seek reimbursement.
A Fort Worth nursing home accident lawyer from Pintas & Mullins Law Firm could fight on your behalf to get compensation for negligent accidents. Contact us at (800) 842-6336 and speak to one of our representatives.
What Causes Accidents in Nursing Homes
The elderly are at a high risk for falls, slips, and other accidents due to decreased mobility. Their injuries are also more likely to be severe because of their fragility. However, certain situations can increase the risk of accidents.
Slips and falls are one of the most common injuries for nursing home residents. Falls can occur because of low mobility and eyesight. Because of this, walking areas should not be littered with objects or hazards. Facilities should also equip stairs and other areas with handrails and other safety precautions.
A nursing home can be responsible for injuries suffered from environmental hazards. Hazards could include:
- Pinched carpeting
- Loose tiles
- Uneven flooring
Medication accidents can also occur in nursing homes. A medication error can consist of over- or under-medicating as well as administering the wrong medication. Polypharmacy that results in harmful drug interactions and side effects may also occur if your loved one’s nurse is not paying close enough attention.
Some residents need more supervision than others. Seniors with memory issues may wander and forget where they came from. Understaffed special care units may fail to keep residents safe, and residents with dementia or Alzheimer’s could become seriously hurt without adequate care.
Workers in understaffed nursing homes may have demanding loads. For instance, a worker may perform a task that requires two people. As a result, a resident may suffer an injury from being dropped or mishandled. According to Texas’ Health and Humans Services (HHS) Department, knowingly doing a two-person job alone could be a form of elderly abuse.
Inadequate training and hiring incompetent employees can also increase the risk of accidents. Caretakers may not know how to best handle residents, causing injury. Seniors could also suffer serious food allergies if food workers do not know how to handle dietary issues.
Another problem with understaffed facilities is poor response time. A resident could be in pain for hours after an accident, and untimely medical attention can aggravate injuries. A delay could also mean death.
Don’t hesitate to contact a Fort Worth nursing home accident lawyer at Pintas & Mullins Law Firm to get help sorting out the details of your loved one’s accident.
Who Is Responsible for Nursing Home Accidents
Nursing homes can be financially responsible for injuries. Like other property owners, nursing home owners are subject to premise liability. Premise liability means they are responsible for taking reasonable care of the property and providing a safe environment for residents.
Nursing home accident lawsuits are personal injury cases in which you must prove that the owner was negligent. An owner is negligent if they know the premise is unsafe and fail to fix it. For instance, a nursing home could be responsible for a slip and fall if liquid was on the floor for hours or days.
Your Fort Worth nursing home accident lawyer will need to present evidence of the nursing home’s negligence. The best type of evidence for an accident case will depend on the cause. Photos of the nursing home could show how the facility is poorly kept. Security camera footage or testimony from witnesses can strengthen your case. Fellow residents could testify to the conditions, and other residents’ families could share their similar experiences.
Medical records may also detail a high number of accidents, and they may show a trend of specific accidents. Records can also show if the number is increasing in frequency, especially compared to nearby facilities.
For a free legal consultation with a Fort Worth Nursing Home Accidents Lawyer serving Fort Worth, call (800) 794-0444
Personal Injury Lawsuits
According to Texas Civil Practice and Remedies Code §74.251, you have two years to file a healthcare liability claim. Keep in mind that a personal injury lawsuit is a civil suit, meaning you are seeking payment. Civil cases cannot press criminal charges for abuse.
The compensation from a nursing home accident case can help you and your loved one recover the costs associated with the accident. The funds can help transfer your family member to a new facility. You may also be able to sue for additional treatment if your loved one requires long-term care as a result of the accident.
Fort Worth Fort Worth Nursing Home Accidents Lawyer Near Me (800) 794-0444
How a Fort Worth Nursing Home Accident Lawyer Could Help
The team at Pintas & Mullins Law Firm works on a contingency basis, meaning there are no upfront costs. Our payment comes from your settlement. We are not paid unless you are.
Our legal team can help you file as quickly as possible. They can also help gather evidence to support your claim.
When you file a claim against a nursing home, you will most likely work directly with the nursing home’s insurance company. The insurance company representatives’ job is to negotiate the lowest settlement for damages. A lawyer can counter for you, saving you the stress of arguing your loved one’s value with strangers.
At the end of the negotiations, you will have a choice to accept or decline the settlement. If you refuse, you are pursuing a lawsuit. Your attorney could also help guide you through that process.
Please speak to one of our representatives at Pintas & Mullins Law Firm by calling (800) 842-6336.