What Qualifies As Nursing Home Negligence?
What we look for in terms of qualifying a case as a nursing home neglect is whether the nursing home and the staff has violated any safety rules in terms of following proper hiring procedures, training staff, and supervising their staff to give proper care to our loved ones. Unfortunately, in terms of commonality, these cases are more frequent than folks think. There are falls, bedsores, misconduct, mishandling of patients, and this happens every day in our country.
What Are Common Types Of Abuse Or Neglect In These Cases?
Oftentimes, the most common type of abuse or neglect is malnutrition. We see an exorbitant amount of bedsores because of our clients not being turned regularly, or forced to sit in their own bodily fluids, for extended periods. We also see many falls.
Are Nursing Home Negligence Cases Criminal Or Civil In Nature?
We represent folks on the civil side when it comes to nursing home neglect cases. We bring a lawsuit for compensatory, and money damages. There is a punitive aspect of some cases. Oftentimes we are involved, and recognize that the nursing home has not properly disclosed the abuse to licensing agencies, such as the Department of Human Services. Our firm gets involved in notifying these agencies. They come in and provide their punitive measures for these nursing homes violating these safety issues that were reported. Nevertheless, in terms of our law firm here at Feller & Wendt, we prosecute the civil case, but there is a punitive nature in all of these cases.
Who Can Potentially Be Held Liable In Nursing Home Negligence Cases?
In many of our nursing home cases, obviously, the facility itself is negligent, but most of our local nursing home facilities have parent companies, that are nationwide companies. Therefore, we sue the local facility, we sue the parent companies, and they are all considered liable under Utah law. Oftentimes, if there is a healthcare worker involved, and they have committed or violated one of those safety rules, they can be held liable for the harm caused to one of these residents living in these facilities.
How Important Are Evidence Or Witnesses In A Nursing Home Negligence Case?
Evidence is critical in these neglect cases, absolutely critical. Some of the best witnesses in these cases are family members. We often look to family members to identify what their expectations were in these cases, and what these nursing homes promised to these family members by way of care. Those are the best witnesses in these types of cases. In addition, former employees are quite willing and desire to disclose the lack of hiring protocols, lack of training, and supervision these facilities offer. Therefore, in terms of evidence and witnesses, these are the types of folks we want to speak to. They give us the best insight to us in terms of prosecuting a case.
What Damages Are Available In A Nursing Home Negligence Case?
Damages in these cases all depends on the harm that was caused. For instance, we represent a family right now who lost a loved one because of the nursing home violating the safety rules. In that particular case, we are seeking wrongful death damages, the loss of companionship in society, and what their loved one provided for them on a daily basis. They have lost because of nursing home negligence. Other cases where the client did not pass away, but violations occurred, there is pain and suffering, that is available. The nursing home is required by law to compensate for harm, pain associated with bedsores, and the medical bills associated with remedying these issues.
If there is a fall, resulting in a break of a limb, thereby necessitating surgery, the nursing home is responsible for those medical costs, as well as the mental and emotional anguish caused by that accident. Oftentimes, and what many folks do not recognize is when our loved ones are advanced in their age, they experience the fall as a result of nursing home negligence. That really exacerbates their current state of health and accelerates the declination in terms of their life expectancy. We often notice that when one of our clients who has fallen and broken a leg, or hip because of negligence, their health deteriorates, and really shortens their lifespan. Those are all things that we look for in terms of helping these families get compensation from these nursing homes.
For more information on Nursing Home Negligence In Utah, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 499-5060 today.