Filing a Medical Negligence Claim in Cases of Nursing Home Abuse
Anyone who has their loved one in a nursing home wants to believe they are receiving the best care possible. But if something isn’t right, would you know what to look for? And what can you do about it? How would you even go about filing a medical negligence claim?
Abuse can take many forms–physical, verbal/emotional, and sexual. In addition, neglect, whether intentional or not, is another form of abuse. Physical abuse can involve assault and battery such as kicking, hitting, pinching, slapping, pushing, shaking, or beating. Verbal/emotional abuse can come in the form of berating, degrading, threatening, or using words to invoke fear. Sexual abuse can be in the form of rape, sexual assault, or harassment. And neglect may involve deprivation of food or water, denial of care for medical needs, unnecessary physical restraint, or prolonged seclusion. In addition, there have also been cases of unauthorized use of medications, sedatives, or psychotropic drugs in order to subdue or take advantage of a patient.
So what are the signs of abuse or neglect? A few things you may look for in your loved one that may be an indication of verbal, emotional, or sexual abuse would be withdrawal from communicating with family and friends, unwillingness to speak in the presence of staff members or especially a particular staff member, unusual or sudden changes in behavior, a desire to be alone, or instances of wandering. Signs of physical abuse may be bed injuries, bruises, wounds, or cuts that are at varying stages of healing, fractures or falls, or unexplained or unexpected death. If you think you may be dealing with neglect in the care of your loved one, you may notice dehydration, malnutrition, bed sores, infections, or unsanitary conditions. If you see one or more of these signs and there is not a decent explanation for them, you may be dealing with nursing home abuse.
Let’s say you recognize the signs of abuse in the care of your loved one. What can you do about it? Because a nursing home is considered a medical provider, they are responsible for any medical malpractice that may occur in their establishment. But these cases aren’t always easy to prove. The first thing you will want to do is to gather the medical records of the patient to see if anything there can be used as evidence. There has to be something recorded to back up any claims against the establishment. In addition to the medical records, the inspection surveys completed every year may give insight into any patterns of abuse or neglect that have been reported on the establishment in the past. Because these cases are so complex, you will want to talk to an attorney and file a medical negligence claim. You will need the expertise of a professional to guide you through the process of making things right for your loved one.
Suspect nursing home abuse? Know the steps to take before filing a medical negligence claim and Reynolds in Frisco, Texas provides free consultations and can help you through the process of filing a medical negligence claim. Call them at 214-891-6606.
Reynolds & Reynolds Law Firm | Medical Negligence Claims Frisco Tx | 214-891-6606