 |  | |||||
 | Home | About Us | Injured-Need Help? | News | Contact Us | Free Legal Consultation |
Legal Claims Against Nursing HomesWhen a nursing home resident suffers an injury at a nursing home, that resident, or the resident's family member, may have several claims against the nursing home. A team of experts will evaluate the medical records of your loved one to determine if a medical mistake or negligence caused injury or harm to your loved one. Although the precise claims the injured resident or the family member may have will depend on the circumstances surrounding the injury, the following is a list of potential claims: NegligenceIn its broadest sense, negligence is carelessness. When a nursing home or its employee is negligent or careless and a resident gets hurt or sick, the nursing home can be sued for negligence and may be required to pay money damages. Oftentimes, the negligence seen in a nursing home is part of a "pattern of negligence." This "pattern of negligence" may stem from corporate greed. Simply put, to increase profits, many nursing homes decrease staff, provide less training for the staff employed, cut management and oversight personnel, and hire employees who are not properly trained. When this happens, nursing home residents can fall victim to malnutrition and dehydration; bedsores; elopement and wandering issues; inadequate security; broken bones or other injuries due tofalls; injuries related to improper restraints ; emotional abuse; physical abuse; and sexual abuse. It is important to contact a lawyer immediately if you or your loved one is injured in a nursing home. An investigation needs to get underway as soon as possible so the lawyer can evaluate the injury and the evidence to determine who is responsible. Depending on the circumstances of the case, the nursing home, the nursing home administrators, and the director of nursing may all be responsible for the injury. Additionally, you or your loved one may be entitled to punitive damages. Punitive damages are awarded over and above those damages awarded to compensate an injured nursing home resident for medical expenses and pain and suffering. Punitive damages are a punishment for outrageous conduct. It is also important to contact a lawyer as soon as possible because the statute of limitations requires that a negligence case be filed within two years from the date of the injury. Medical MistakeA medical mistake is a form of negligence involving the carelessness of a health-care professional. Many times, nursing home residents are subjected to various medical mistakes. A common form of medical mistake found in a nursing home is overuse or under-use of medication. This may be the result of corporate greed. In other words, to increase profits, many nursing homes decrease staff, provide less training for the staff employed, cut management and oversight personnel, and hire employees who are not properly trained. As a result, a nursing home resident may become the victim of a medication error. Nursing home residents are entitled to accurate pharmaceutical services. They are also entitled to supervised medical care by a physician and sufficient nursing care. When an injury results because of substandard medical care, a nursing home resident may have a case against the nursing home, the medical director and/or physicians, the nursing home administrators, and the director of nursing. If you or your loved one suffered an injury in a nursing home because of a medical mistake, it is important to contact a lawyer immediately. An investigation needs to get underway as soon as possible so the lawyer can evaluate the injury and the evidence to determine who is responsible. Additionally, you or your loved one may be entitled to punitive damages. Punitive damages are awarded over and above what will compensate an injured person for medical expenses and pain and suffering. Punitive damages are a punishment for outrageous conduct. It is also important to contact a lawyer as soon as possible because the statute of limitations requires that a negligence case, including a medical mistake case, be filed within two years from the date of the injury. For more information on medical mistakes claims, click here. Medical Assistance FraudMost nursing homes accept Medicaid and/or Medicare. When a nursing home accepts federal medical assistance, it must comply with federal laws governing nursing homes. This means that it must comply with the Nursing Home Reform Act. When a nursing home that accepts federal medical assistance fails to comply with the Nursing Home Reform Act, an injured resident can bring a claim for medical assistance fraud. Put our experience to work for youWhen a loved one as been a victim of nursing home abuse or neglect, you need an experienced law firm that will work hard to protect your loved one's rights. The attorneys at Edgar Snyder & Associates have been helping injury victims and their families for over 25 years. In addition, our highly-rated law firm has represented more than 30,000 injured people and has answered over 350,000 injury-related legal questions. Let us put this experience to work for you. | |
Nursing home abuse resources:
Nursing home legal information:
 Search | |
Copyright 2002-2009 NursingHomeAbuseResourceCenter.com is sponsored by the Law Offices of Edgar Snyder & Associates, A Law Firm Representing Injured People. Attorney Edgar Snyder & Associates has offices throughout Western Pennsylvania including locations in: Erie,PA; Johnstown,Penna; Ebensburg, Pennsylvania and Altoona, PA. All of our lawyers are licensed to practice law in the state of Pennsylvania. We also have attorneys licensed to practice law in the states of West Virginia, Ohio, Maryland, New Jersey, and Virginia. Although this website is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, New Jersey, Maryland, and Virginia, if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States. |