If your loved one suffered from broken bones due to a fall in the nursing home, they are not alone. The Centers for Disease Control and Prevention (CDC) states that falls are the leading cause of fatal and non-fatal injuries for older Americans in the U.S.
The consequences of falls and the resulting injuries such as breaks and fractures are not only potentially devastating to the health of an elderly nursing home resident, they can also be extremely costly for the affected seniors and their families.
Falls are not the only way in which a resident could suffer from bone fractures and other injuries. Physical abuse by staff, other residents, or guests to the facility can also be responsible for bone fractures and breaks in a nursing home resident.
Physical abuse of a loved one resulting in such major injuries can be extremely upsetting for the entire family. Violence against the elderly can also cause mental scars that may never fully heal, with the resident potentially withdrawing, becoming depressed, and fearful.
If your relative or spouse recently suffered from bone fractures and breaks in an Atlanta nursing home, they could be the victim of abuse or neglect. Acting fast can be important to protect your loved one from any further abuse and injuries. An Atlanta bone fractures and breaks lawyer might be able to advise you and determine whether you have a case. Call Pintas & Mullins Law Firm now for a free consultation.
Causes of Fractures in the Nursing Home
In a nursing home context, residents can suffer from fractures for many reasons, including:
- Physical abuse
- Medication causing dizziness or nausea
- Lack of mobility aids such as walkers or wheelchairs
- Ill-fitting footwear
- Obstacles and tripping hazards on the floor
- Medical conditions
- Age-related deterioration
While some reasons for fractures are age-related and can impact all senior citizens, not only those in a long-term care facility, others are entirely preventable.
If your loved one fractured bones due to an environmental hazard like objects left on the floor by nursing home staff, or defects in flooring, the nursing home could be liable. A nursing home, just like any other property owner or responsible party, has to ensure that the premises are safe and in a state of good repair at all times.
Nursing home employees should also monitor their residents for any health deterioration, for example, muscle weaknesses, or vision problems, and other causes that could contribute to them being unsteady on their feet. Not doing so can be neglectful.
If your relative suffered from fractures due to physical abuse in the nursing home, the nursing home could also be liable. A nursing home is legally required under the Nursing Home Reform Act to ensure that all residents are free from abuse and neglect. A facility has to take concrete steps to keep residents safe, for example, by conducting background checks on all employees. Nursing home abuse is not only immoral, but it is also illegal, and you do have legal recourse if your loved one experienced abuse in the nursing home.
Finding out that your loved one suffered injuries from abuse in their Atlanta nursing home, the place where they should feel safe, can be extremely stressful and costly for the relatives.
We understand that you are looking for answers and possible compensation for your costs incurred in connection with nursing home abuse or negligence. An Atlanta bone fractures and breaks lawyer might be able to help you. Tell Pintas & Mullins Law Firm about your case today and find out if you could receive compensation.
Proving Nursing Home Abuse
If you are thinking of filing a personal injury or wrongful death lawsuit against a nursing home, you will need to show sufficient evidence to prove any neglect or abuse. Generally, you will have to prove the following elements in a case:
- The nursing home owed your loved one a duty of care.
- The nursing home’s breach in their duty of care resulted in your loved one’s injuries or death.
- The injuries suffered by this negligence resulted in damages.
A nursing home has the responsibility to keep residents safe, whether from abuse or any fall risks that can cause bone fractures.
Proving that the nursing home is responsible for any fractures or breaks of your loved one can be complex. You will most likely need extensive evidence such as medical records, statements from any witnesses that saw the abuse or neglect, as well as possibly expert witness testimony.
It can be quite challenging to build a case against a nursing home. An attorney might be able to help you with the aspects of a lawsuit. That way, you can focus on your loved one’s recovery.
For a free legal consultation with a Bone Fractures and Breaks Lawyer serving Atlanta, call (800) 842-6336
An Atlanta Bone Fractures and Breaks Lawyer Will Fight for You
Contact us if you think the nursing home is responsible for your loved one’s bone fractures and breaks. We can help you determine your legal options. If you have incurred costs for hospitalization, medical devices, or other expenses, you could receive compensation for your damages. If your loved one suffered egregious abuse leading to extensive injuries or death, you could potentially also receive punitive damages.
Do not let the nursing home get away with abuse or neglect of your loved one. Holding a long-term care facility accountable can help other residents. Taking legal action can also help to punish those who acted in neglectful or abusive ways and deter them from doing so again. We understand that taking action against a nursing home can feel overwhelming, and we are here to help.
We can help gather evidence to build your case and fight for you in court. You do not have to worry about incurring any costs as we will not get paid unless and until we win your case. Contact Pintas & Mullins Law Firm today so you can begin the process of getting justice for your loved one.