When people entrust their loved ones to the care of a nursing home, they expect that the nursing home and its employees will provide their loved ones with the medical care and treatment that they require. Sadly, however, this does not always happen, and nursing homes and their employees behave negligently. These actions or inactions, in turn, can lead to nursing home patients becoming injured or ill as a result.
If your loved one resides at a nursing home and they have suffered an illness or injury due to nursing home neglect, you may be in a position to take legal action against the nursing home –or against a negligent nursing home employee.
The skilled team of St. Louis nursing home negligence attorneys at Dixon Injury Firm can investigate what went on at the nursing home and can bring the necessary claim on behalf of your loved one. Our goal is to make sure that your loved one receives full and fair compensation for everything they went through following the nursing home’s act of negligence.
Please contact us today to find out more about how we can help you recover compensation for nursing home negligence on behalf of your loved one.
Common Examples of Nursing Home Neglect
You expect nursing home employees to treat residents with a high degree of respect and care and nursing homes to comply with all regulations and guidelines. When they fail to act reasonably under the circumstances, and a nursing home patient suffers an injury or illness as a result, then the employee and the nursing home can both be liable.
Nursing home neglect can take different forms. In general, neglect occurs when an employee fails to meet the patient’s needs or fails to provide the patient with the necessary and proper care that they require.
Some common types of nursing home neglect include:
- Failing to monitor patients – When staff does not monitor certain patients appropriately—especially those who have dementia and other serious illnesses—they can fall to the ground and injure themselves while they are unsupervised.
- Failing to provide a resident with their medication – Nursing home staff members are responsible for providing patients with the correct medications, in the correct dosage, and at the proper times of the day. When staff mix up medications or do not give the medication to the patient at the appropriate time of day, the patient can suffer a serious illness or other complications.
- Failing to maintain the nursing facility properly – During the COVID-19 pandemic, proper sanitation procedures and cleanliness are never more important—most especially at nursing homes where many patients are at high risk for developing COVID-19 and other serious illnesses. Nursing home employees are responsible for making sure that patient rooms, bathrooms, and common areas are in a reasonably safe and clean condition at all times—and that floors are free of spills, debris, and other trip-and-fall hazards. When nursing facilities are not maintained properly and kept clean, serious accidents can occur that lead to patient injuries. Fall accidents are especially serious in nursing homes, and elderly patients can suffer a hip injury, broken bone, soft tissue contusion, or head injury in a slip and fall accident.
- Failing to respond to patient needs and complaints – Nursing home employees are responsible for responding to patient needs, including providing food and medication to patients. Nursing home employees must also respond to patient complaints and emergencies promptly. Failing to do so can result in the resident suffering a heart attack, stroke, or some other emergency medical condition. Nursing home employees are also responsible for bathing patients regularly since failing to do so can lead to conditions like bedsores and pressure ulcers.
- Failing to provide residents with the proper medical care – In addition to providing for residents’ daily needs, nursing homes are responsible for providing their residents with all of the medical care that they require, including medical procedures and physical therapy. After all, the reason why many individuals reside at nursing facilities and convalescent centers is that they cannot care for themselves. When nursing homes and their employees fail to see that residents have access to the care that they need, residents can suffer a serious illness that can lead to further complications.
If your loved one has become injured or ill due to one or more of these types of neglect at a nursing home, the skilled St. Louis nursing home negligence attorneys at Dixon Injury Firm are ready and willing to help. Our legal team can explain all of your legal options for moving forward and can help you pursue compensation for your loved one’s injury or illness.
Common Signs of Nursing Home Neglect
In many instances, residents of nursing homes are prime candidates for abuse and neglect because they do not have family members and friends around to monitor their situations. Consequently, the neglect can sometimes go on unchecked until a family member or friend finally discovers it. Fortunately, observable signs and symptoms sometimes accompany nursing home abuse and neglect.
These signs of neglect include:
- Cuts, bruises, scrapes, or abrasions on the nursing home resident’s body
- Unpleasant smells emanating from the patient’s body or room
- Pressure sores on the resident’s body (usually from a lack of cleanliness or bathing)
- Social withdrawal or overall depressed mood (if the patient did not exhibit those symptoms previously)
- Sudden fits of anger or aggressiveness from the resident
- Sudden illness
If you have exhibited any of these signs or symptoms in a loved one who resides at a nursing facility, you should speak with a knowledgeable St. Louis nursing home negligence lawyer at Dixon Injury Firm as soon as possible. Our legal team can look into the situation and determine if you might be in a position to assert a claim for negligence against the nursing home. If so, we can pursue the claim on behalf of your loved one, and if necessary, litigate it in the Missouri state court system.
Who Can Be Held Responsible for Negligent Acts That Occur in St. Louis Nursing Homes?
Anyone who a nursing facility employs can be fully or partially responsible for an act of negligence that occurs. Potentially responsible individuals include doctors, nurses, nursing assistants, administrators, dietitians, and others employed by the nursing home.
All of these employees are required to demonstrate a reasonable standard of care when they are caring for and treating nursing home residents. For example, the law typically holds a nurse to the standard of care of a hypothetical ‘reasonable nurse’ who is acting under the same or similar circumstances. When a nursing home employee behaves in a neglectful manner and violates the required duty of care, and an accident or injury occurs to a resident, the resident can pursue monetary compensation in the form of damages.
If you suspect that one or more nursing home employees have committed an act of neglect against your loved one, it is important to recognize that you may have legal options available. The knowledgeable St. Louis nursing home negligence attorneys at Dixon Injury Firm can take the necessary legal actions to pursue monetary compensation and damages for your injured or ill loved one.
Consequences of Nursing Home Neglect
When nursing home employees behave in an abusive or neglectful manner, serious injuries and illnesses can befall nursing home residents. In some instances, nursing home residents may suffer serious and debilitating injuries, such as a head injury, back injury, or hip injury, suffered in a slip and fall accident.
Moreover, when staff do not properly clean and maintain nursing homes and patient rooms are not maintained, residents can suffer from serious illnesses, including COVID-19. Unsanitary conditions can lead to the spread of germs in the nursing facility, resulting in patient illnesses. In the case of COVID-19, when one patient in the nursing facility contracts the illness, many other patients in the facility will likely also become ill.
If your loved one has become injured or ill due to nursing home neglect or abuse, the knowledgeable St. Louis nursing home negligence lawyers at Dixon Injury Firm are ready to help. Our legal team will promptly investigate the situation and pursue monetary compensation on your loved one’s behalf.
Filing a Claim for Negligence against a Nursing Home
If your loved one has become injured or ill as a result of nursing home neglect, you might be in a position to file a claim or lawsuit against a nursing home employee or against the nursing home itself. Filing a claim against a nursing home can be an uphill battle since insurance companies are going to try and do everything that they possibly can to limit their exposure and monetary payout. Therefore, if you are contemplating filing a claim for nursing home neglect, get a knowledgeable St. Louis nursing home negligence attorney by your side every step of the way.
Your lawyer can assist throughout the process by filing a claim on your loved one’s behalf and fielding settlement offers from the insurance company. If the insurance company does not offer sufficient compensation, you have the option of filing a formal lawsuit in the Missouri state court system.
Once the case is in litigation, settlement negotiations may continue, after which the case may settle. Otherwise, you will have the option of taking the case to a jury trial or an alternative dispute resolution proceeding, such as mediation or arbitration. Our knowledgeable legal team will explain all of the options that are available to you and your loved one and will pursue the compensation that your loved one needs for their injuries.
Victims of nursing home neglect have five years from the date of the incident, illness, or injury in which to file a personal injury claim or lawsuit. Therefore, as soon as you learn about the neglect, seek legal representation right away. Your attorney can ensure that the five-year statute of limitations is complied with, safeguarding your loved one’s right to monetary compensation.
Types of Compensation Stemming From Nursing Home Neglect That Your Loved One Can Pursue and Recover
If your loved one has suffered an injury or illness due to nursing home neglect, you may pursue monetary compensation in your case, by way of a claim or lawsuit against the nursing home, for:
- Medical expenses
- Compensation for pain and suffering
- Compensation for loss of the ability to use a body part (such as in a slip and fall accident that occurred on nursing home premises)
- Loss of enjoyment of life
If your loved one passed away due to abuse or neglect by nursing home staff, you may have a personal representative appointed to your loved one’s estate and have them file a wrongful death claim.
The experienced St. Louis nursing home negligence lawyers at Dixon Injury Firm will make it their priority to get your loved one the compensation they deserve. We seek justice for injured nursing home residents and hold facilities accountable for preventable mistreatment and injuries that occurred.
Speak With a Knowledgeable St. Louis Nursing Home Negligence Attorney About Your Legal Matter Today
The skilled legal team at Dixon Injury Firm has the knowledge and experience to pursue your nursing home neglect claim or lawsuit to a favorable conclusion. If the insurance company refuses to provide your loved one with the damages they deserve for the injury or illness sustained, our legal team can file a lawsuit in the Missouri court system and pursue compensation on your behalf. We can take your loved one’s case to trial or pursue alternative dispute resolution through mediation or arbitration.
For a free legal consultation and case evaluation with a knowledgeable St. Louis nursing home negligence lawyer, please call us today at (314) 208-2808 or contact us online for more information about how we can help.
The Dixon Injury Firm
9666 Olive Blvd #202,
St. Louis, MO 63132