Falls and Fractures
As we age, we may become more prone to injuries. This is especially true if we have certain medical conditions that may make us weak or more susceptible to suffering certain types of harm. As part of their obligations to residents, nursing homes are required to ensure that residents are provided with the appropriate care, assistance, and attention that they require. This may involve assistance with moving from room to room, dressing, navigating stairways, or getting in and out of bed. When nursing home staff fails to provide this level of care and assistance, residents may suffer serious injuries, such as falls and fractures. The dedicated Stuart nursing home negligence attorneys at Donaldson & Weston have counseled injured residents throughout Martin, St. Lucie, and Palm Beach Counties. If you or a loved one has suffered a fall or fracture as a result of a nursing home’s negligent care, we are prepared to help you fight for the compensation that you deserve.Understanding Liability in a Nursing Home Injury Case
Falls are some of the most common injuries to take place at nursing homes. According to the U.S. Centers for Disease Control, many nursing homes fail to accurately report the number of falls that occur on their premises each year. The agency receives, however, around 100 to 200 reports of falls each year from average-sized facilities that have 100 beds or more. If you suffer a fall at a nursing home, you can file a personal injury claim against the facility to recover compensation for your injuries and damages.
The first step in establishing liability for a fall or fracture is to show that the facility failed to use appropriate care and caution. In general, nursing home facilities must follow a specific set of guidelines that are established by the Florida Department of Health. For example, each facility must retain a physician, nurse, and dietician who are each appropriately certified. Additionally, Florida statutes provide nursing home residents with a list of broad rights, in addition to outlining responsibilities that the facilities must meet. These include providing basic rights like a clean, safe, and homelike environment. Also, residents have the right to receive adequate health care, be free from abuse, and receive appropriate support services. If a nursing home facility fails to abide by Florida’s specific guidelines and requirements, the facility has likely acted negligently.Obtain Compensation for Your Injuries and Damages
After proving that the facility was negligent, you must show that this negligence was the cause of your injuries. This means that you must show that you would not have been injured but for the facility’s lack of due care. Since this can be a difficult step to establish, it is critical to obtain as much evidence regarding the facility’s lack of care and the incident as possible. This includes documenting events, obtaining witnesses’ contact information, and possibly obtaining a second opinion from an expert medical professional.
The last step of the lawsuit requires the plaintiff to provide documents substantiating the amount of damages that they are seeking in the lawsuit. This might include emergency medical fees as well as surgeries, physical therapy, medications, and other care provided immediately following the injury. If the injury is severe and results in a permanent disability, you may also be entitled to recover compensation for your anticipated future medical care needs. A knowledgeable elder law attorney can help you ensure that you request the full amount of compensation to which you may be entitled.Schedule a Free Consultation with a Nursing Home Abuse Lawyer in Stuart
Elder abuse in any form is devastating and inexcusable. We trust nursing home facilities to provide diligent, professional, and attentive care to us in our aging years, or to our elderly loved ones. If you or someone you love suffered a fall or fracture as a result of a nursing home facility’s negligence, the lawyers at Donaldson & Weston are prepared to help you assert your legal rights. We are passionate about holding negligent caregivers responsible for physical, sexual, financial, or emotional abuse and providing our clients with the personalized legal counsel that they deserve. Our team has counseled individuals in many areas of South Florida, including in Stuart, Jupiter, and Port St. Lucie. To schedule your free consultation, call us now at 772-266-5555 or contact us online to get started.