Nursing homes are required to provide adequate care to every resident. Although many nursing homes are understaffed, they have a responsibility to ensure that the residents are in a safe environment. When a nursing home resident is injured due to the actions or lack thereof of nursing home physicians or staff, they may be eligible to recover compensation for their injuries.
If you suspect that your elderly loved one is being abused or neglected, you should seek guidance and advice from an Ocean Springs nursing home abuse lawyer. A diligent personal injury attorney could evaluate your claim, review medical records and speak to other medical professionals to help you recover compensation.
The duty of care owed to nursing home residents by the facility and its staff is to provide the standard care for the community based on the community standard. If a nursing home fails to adequately care for a resident, they could be considered negligent. Negligence is broadly defined as the duty owed to another nursing home that owes a duty of care to that resident not to obviously, intentionally harm but also may meet basic needs and care for that resident.
Basic needs include food, adequate shelter, adequate medical care, and adequate communication. The standard when the duty of care when it falls below the legal standard creates a liability in the nursing home against the residents.
A nursing home is also held to a medical negligence standard for medical personnel, but also a negligent standard with regard to regular staff members of the nursing home.
Many nursing home patients are unable to communicate details regarding the abuse or neglect that they have suffered. They may not even realize that they are being abused. For this reason, it could be important for loved ones to look out for common indicators of mistreatment, such as:
Nursing home residents could also be financially abused. To avoid financial exploitation, a trusted loved one, or a diligent attorney should manage their elderly loved one finances.
Although abuse is not always the cause of a nursing home resident’s decline, indicators of abuse or neglect could alert family members to the need for an investigation. A nursing home abuse lawyer in Ocean Springs could provide assistance in investigating the cause of the resident’s decline or injuries. Medical records are often a vital source of information regarding the care that the elderly resident has received and their needs that nursing home staff may or may not have met.
If an investigation reveals evidence of elder abuse or neglect, the patient or their family members may wish to file a nursing home abuse claim. A seasoned legal professional could assess damages and advise family members of their legal options.
Elderly residents may be eligible to recover economic and non-economic damages. Economic damages have a quantifiable monetary value while non-economic damages do not have a specific value. The plaintiff may be eligible to recover compensation for present and future medical expenses. Some individuals may require surgery or rehabilitative care due to injuries sustained from nursing home abuse. Surgical, rehabilitative, and other types of medical expenses may also be recoverable.
Nursing home residents may be eligible to recover compensation for non-economic damages such as pain and suffering, emotional distress, and the loss of the enjoyment of life.
Punitive damages are only awarded in cases involving particularly egregious conduct. Consultation with an Ocean Springs nursing home abuse attorney could help family members of an injured nursing home patient understand whether or not punitive damages may be warranted in their case.
Nursing home physicians and staff who subject patients to abuse or neglect should be held accountable for their actions. Your elderly loved one deserves justice for the injuries.
Contact an Ocean Springs nursing home abuse lawyer for an evaluation of your claim if you believe that a nursing home’s negligence or abuse led to your or a loved one’s injuries. Call today to get started.