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Nursing Home Negligence and How to File A Claim


There are many people who reach the final stretch of their lives without anyone being able to take care of them and meet their needs. When it is time to leave home and enter a residence, there are many doubts that arise around the good care of our loved ones. Fragility and lack of security, characteristics present in many of the elderly, make the senior citizen group one of the most vulnerable in society. Physical or emotional violence, abuse of the elderly, diseases that have not been treated correctly, infections, poor administration of medications, and more are cause for concern. That makes it vital for you to know what the most frequent problems in nursing homes are and how to know if your loved one has been a victim.

Most Common Negligence in Nursing Homes

Although there are a variety of things that can constitute abuse or neglect in a nursing home, the most common claims in these types of residences include the following:

  • Lack of attention or vigilance – Many of the patients in these residences need special care because they have reduced mobility. If these patients are not monitored or are not helped in certain situations, they may fall, causing injuries or even death.
  • Incorrect medical review – The doctors and nurses in a care facility don’t treat patients the same way as hospital staff do. They simply monitor patients. If a patient begins exhibiting symptoms or other health issues beyond their care capabilities, they need to contact the hospital and have them treated there instead. Therefore, when this obligation is breached, the internal physician or nursing staff of the residence does not detect alterations in the patient’s health and does not refer him to the corresponding service. There may also be negligence.

Nursing Homes and Medical Malpractice or Negligence

When it comes to negligence in the nursing home, such as abuse of the elderly by the facility can be claimed as medical malpractice in some situations. For this to be possible, it is necessary to have the clinical history and the evidence that can prove that the injury or even death as a consequence of malpractice.

In these cases, it is also essential that a medical expert assesses all the documentation. This professional will determine if the correct protocols and treatments were performed. The joint action of a medical expert and your attorney will be able to determine the possible existence of medical negligence and the viability of the claim.

At this point, the attorney will let you know if the claim is viable or not and why. Considering the claim viable and having accepted the report that we sent indicating the amount to claim, we will begin the procedures to protect your rights.

Contact an Experienced Attorney Today

If you feel that you are or your loved has been neglected by a nursing home or long-term care facility, or has been the victim of medical malpractice, you need to reach out to the attorneys at Pike & Lustig, LLP as quickly as possible. Our West Palm Beach personal injury attorneys will help ensure that your rights are protected. Contact us today to schedule a consultation.




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