How Do I Know if Nursing Home Negligence Has Occurred?
As a legal matter, negligence occurs when a person or organization has a duty to another person, and such person or organization fails to take an action.
Determining whether a nursing home is negligent is highly fact-specific. A thorough investigation must be undertaken. As an example, if an unattended resident falls while walking down the hallway, there may be a question as to whether the nursing home should have provided a wheelchair or a staff member to assist the resident.
To answer this question, often the resident’s medical history must be reviewed to determine whether the nursing home or healthcare facility should have realized that letting the resident for unattended posed a significant risk of injury to the resident. If the resident’s medical history suggests that he or she should not have been left to walk unattended, the nursing home or care facility may be legally liable for the injuries and damage that results from the resident’s fall. On the other hand, if the resident was in good health and there was no reason to suspect that a fall might occur, nursing home or care facility may not be negligent.
Other examples of negligence may be more clear-cut. If a resident is unable to get out of bed or otherwise similarly immobile, nursing home and care providers should understand that the resident will be in need frequent assistance and their body to a new position so that bedsores do not develop.
When we represent individuals would have been injured at nursing homes and other health care facilities, we need to conduct a careful investigation to determine whether a probable cause of negligence exists. If a loved one has sustained injuries that may be due to nursing home or health care negligence, please call us. We will meet with you on a no obligation basis so that you can learn about our firm and how we represent individuals in nursing home and healthcare facility negligence actions.
When we represent clients in nursing home injury cases, we typically do so on a contingency fee basis. This means that there are no fees that will be owed to us unless and until we recover for our client.