While a bone fracture or break is a painful and costly hassle for most people, these injuries can have devastating consequences for elderly patients. Not only do those over the age of 60 heal more slowly than younger patients, breaks and fractures leave them at an increased risk of injury and illness.
While accidents do happen, negligence on the part of a nursing home facility and its staff is often responsible for bone fractures and breaks. Whether due to a lack of funding, inadequate staffing, or improper training, a facility that neglects its patients could hold liability for any resulting injuries and related expenses.
If you suspect that your loved one’s injuries are the result of abuse or neglect, you might be able to prove negligence and receive financial compensation for your losses. A Louisiana bone fractures and breaks lawyer can act on your behalf to fight for the compensation you deserve.
Contact the legal team at Pintas & Mullins Law Firm today. Call (800) 842-6336 for a free consultation and start working on your case.
Bone Fractures and Breaks in Seniors
Based on recent reports from the Centers for Disease Control and Prevention (CDC), one of every five falls results in broken bones or a head injury. Falls currently rank as the most common cause of traumatic brain injuries (TBIs) in this population.
As with any injury, breaks and fractures vary in severity. Yet, regardless of severity, if your loved one’s injury could have been prevented, you might be able to receive financial awards to help with medical bills, therapy, and more.
Most Common Types of Fractures
- Simple fractures: The bone breaks but does not tear the skin.
- Compound fractures: These fractures have an accompanying open wound, which exposes bones to infection and contamination, leaving sufferers at risk for blood clots in the affected area.
- Compression fracture: The discs in the back separate or slip, often worsened by common bone density conditions like osteoporosis. Compression fractures are the most common type among elderly patients.
Common Causes of Bone Fractures
Signs of a bone break or fracture include swelling, pain, bruising, discoloration, and deformity. If you notice any of these symptoms in a loved one and believe the injury is from abuse or neglect, you might want to enlist the help of a broken bones nursing home lawyer. They can provide legal direction and help you with your case.
Causes of Bone Breaks and Fractures
- Slips and falls: One of the most common causes of bone breaks and fractures, slips and falls can be the result of poor supervision, inadequate precautionary measures, improper infrastructure (e.g., rails along the walls, walkers for at-risk residents, etc.), understaffing within the facility, and insufficient staff training.
- Malnutrition: Malnourished bones are far less able to withstand even minor falls or pressure. Whether the result of intentional abuse or an act of negligence, failure to ensure every resident is properly nourished constitutes a breach of duty of care.
- Trauma: Traumatic injuries can include accidents and personal injuries. Assault can also be the result of intentional nursing home abuse or gross negligence on the part of the facility.
Fractures, Breaks, and Legal Liability
Broken or fractured bones do not always signal abuse or neglect but can speak to negligence. As the guardians of your loved one’s well-being, you have the right to employ legal action to hold a negligent nursing home accountable for its conduct. Under the Code of Federal Regulations Title 42 §483.10, nursing home residents have a bill of rights to ensure their dignity, comfort, and safety. A facility’s failure to recognize and respect these rights could mean you and your family can seek compensation for any resulting injuries.
Furthermore, Louisiana Revised Statutes (RS) §14:403.2 states that anyone who witnesses nursing home abuse or neglect can be held legally responsible if they fail to report what they have witnessed. For those who report these incidents, the same statute provides legal protection from retaliation.
Louisiana is one of a few states that operate with a one-year statute of limitations, per the Louisiana Revised Statutes (RS) §9:5628. Medical malpractice claims, however, can be held to a shorter statute of limitations. A Louisiana bone fractures and breaks lawyer can advise you on the specifics of your case and might be able to work with you even after the statute of limitations has expired.
Call Pintas & Mullins Law Firm to discuss the specifics of your case during a free consultation.
A Louisiana Bone Fractures and Breaks Lawyer Can Help
Similar to any personal injury claim, the outcome of your nursing home abuse case rests on the ability to prove that an individual or facility breached a stated and accepted duty. You must also prove that this breach directly resulted in an injury that caused financial losses and emotional pain and suffering.
You may be entitled to compensation that covers:
- Emotional pain and suffering
- Loss of wages as a direct result of your loved one’s injury
- Medical treatment costs
A Louisiana personal injury lawyer can act as your advocate. They can gather evidence (such as medical records, photos, and video footage, if applicable), advocate for your rights, and litigate your case in court, if necessary.
A nursing home injury lawyer can help you pursue legal action on behalf of your loved one and file a claim or lawsuit for financial compensation for losses associated with the injury. Call (800) 842-6336 to discuss the incident involving your elderly loved one with Pintas & Mullins Law Firm. We will travel to you, regardless of where you are located, and collect our fees only if you collect a settlement.