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Nursing home negligence is a serious allegation that can occur over a long period of time, or culminate in an acute event. Eventually, the issue can create the need for legal action to be taken against those who perpetrated the negligence. Your loved one may not be able to clearly communicate what is happening or may be too afraid to tell you openly. This blog will guide you through the process of opening a nursing home negligence case, so you can help protect those you love from poor treatment.
Nursing home negligence is any action or lack of action on the part of a nursing home or employees that causes harm or personal injury to the nursing home resident. When someone lives in a nursing home, they rely on the staff to act correctly and take care of those who are under their supervision. Negligence may also be caused due to a policy in effect or practice in use at the nursing home.
It’s important to pay close attention to signs of neglect or elder abuse and be proactive in addressing any issues with the correct authorities. This issue is more common across nursing homes than you might think. According to the Australian Royal Commission into Aged Care Quality and Safety, “Around 39.2% of people living in Australian aged care facilities experience elder abuse in the form of neglect.
If you find that your aged family member has been subjected to nursing home neglect, both they and you have the right to compensation through a negligence claim.
 Here are some examples:
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Keep in mind that not all harm is caused by negligence, so having a lawyer who can help you differentiate is key. It’s important for nursing homes to be vigilant to prevent elder abuse, but in some cases, a catastrophic injury could be purely accidental and non-preventable. Nursing homes have a responsibility to keep their nursing home residents safe, but the reaction to potential negligence should be calculated. The first step is to gather information and seek professional advice.
A nursing home has a duty of care that must be maintained and adhered to closely. Negligence includes:
Careless handling by a staff member can cause a nursing home resident to bang into a wall or a piece of furniture, slip, fall, or otherwise sustain an injury. Not only can the victim become mentally or physically wounded, mishandling can also lead to wrongful death.Â
Neglect of a resident concerning their personal and medical needs can include ignoring that they need help toileting or bathing, allowing them to stay unwashed or in dirty clothes, or not adhering to medication schedules for pain relief or other symptoms.
This can include negligence in the type of medication given to the resident, the dosage or number of medications given, the method of medication administration, the timing of medication administration, and failure to properly document all medications and administration processes.
A surgical error can cause infection, sepsis, amputation, disability, or even death. Surgical aftercare is often provided in the nursing home and is a point at which elderly patients are particularly vulnerable. Medical negligence is often seen in these nursing home situations.
Untreated, even the most minor infections can swiftly escalate into life-threatening illnesses. Medical neglect such as failing to treat an infection (such as a UTI or an ear infection) can lead to extreme illness and even death.
Residents can be put at serious risk due to any failure to accurately diagnose life-threatening illnesses and provide timely referrals to appropriate medical specialists. This can be considered physical abuse.Â
Many residents require supervision and help regarding bedding, personal care, showering and general hygiene. Failure on the part of the nursing home staff to provide oversight and assistance is a failure to discharge the duty of care.
Deliberate malnutrition of a resident is abuse, not neglect. However, if malnutrition isn’t deliberate, but goes unnoticed, a claim for negligence can be made. This can lead to emotional abuse as well.Â
Other negligence claims may arise from the nursing home, nursing facility, assisted living facility, or aged care facility-related issues, such as failing to ensure that adequate health and safety audits are undertaken.
What are your options if your loved ones were injured in a nursing home? You may well have a case for nursing home negligence, but you’ll need to take action as swiftly as possible. Time is of the essence with a neglect claim.
There is a statute of limitations which is typically three years from the date of discovery of the negligence, and up to 12 years from the date the negligence occurred. The first step if you suspect your loved one has been subjected to negligence from a long-term care facility is to contact a personal injury lawyer.Â
People who are incapacitated due to mental disorders or intellectual handicaps may have additional time to bring a case. You should gather all possible evidence of the neglect, including your loved one’s charts and take comprehensive photographs of any physical evidence (whether on their body or of conditions in the nursing home). Note anyone who may be able to provide more evidence or testimony, and alert your lawyer.
While there may also be a case to be made against a specific employee, most of the time the nursing home is the primary party held liable for harm or injury done to a resident. They have a duty of care to not only avoid causing harm, but to prevent it when at all possible.Â
While significant monetary damages are limited to the maximum payable for pain, suffering and general embarrassment (approximately $550,000), you may also be able to receive compensation for the following:
Successfully bringing a nursing home negligence case to court can be a complex and drawn-out process. You need a practiced lawyer on your side to help you navigate the claim and get the maximum possible compensation for your loved one or surviving family members. Gerard Malouf & Partners is a law firm that can help you understand this process in an initial, no-obligation, free consultation where we can provide you with legal advice from a nursing home abuse Lawyer.Â
Our nursing home abuse lawyers understand you are already undergoing extreme amounts of stress on behalf of your loved one. For more information, contact us.
Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.
Gerard Malouf & Partners already have an established track record of getting injured people in need the justice they deserve.Â
For decades, the team at Gerard Malouf & Partners have been leading the way and fighting for people just like you. Whether you’ve been wronged through a motor accident, public liability, medical negligence, workers’ compensation issue, or other dispute, our solicitors and barristers have a winning history you can rely on. If your back pain has negatively impacted your quality of life, it is time to take action.
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Commonly asked questions concerning motor vehicle accidents and claims for compensation.
Document incidents: Keep a detailed record of any incidents or signs of negligence you observe or suspect. This can include instances of inadequate care, unexplained injuries, medication errors, poor hygiene, neglect, abuse, or any other relevant issues. Note dates, times, locations, and any individuals involved.
Gather medical records: Request and obtain copies of the resident’s medical records from the nursing home. These records can help establish the level of care provided and identify any lapses or deviations from the expected standards.
Collect eyewitness statements: Speak to other residents, their families, and staff members who may have witnessed incidents of negligence or have information about substandard care. Document their statements and gather their contact information as potential witnesses.
Consult with an attorney: Seek legal advice from an attorney who specializes in nursing home negligence or elder law. They can evaluate your case, provide guidance, and help you navigate the legal process.
Engage experts: In some cases, it may be necessary to consult medical experts who can review the medical records and provide professional opinions regarding the level of care provided and whether negligence occurred. At GMP Law, we can assist our clients with gathering expert advice.
Document physical evidence: Take photographs or videos of any visible injuries, unsanitary conditions, inadequate facilities, or any other evidence that supports your claim.
Report the negligence: File a complaint with the appropriate authorities, such as the state’s department of health or a regulatory agency that oversees nursing homes. They may conduct an investigation and take enforcement actions if necessary.
Preserve communication records: Keep copies of any correspondence, emails, or other communications between you and the nursing home administration or staff regarding incidents or concerns related to negligence. These records can serve as evidence of your attempts to address the issue.
Consider legal action: If you believe you have substantial evidence of nursing home negligence, consult with your attorney about filing a lawsuit. They can guide you through the legal process, gather additional evidence, and represent your interests in court.
A no-win, no-fee lawyer can help you pursue your case without the financial risk that would usually be associated with a lawsuit.
Opting for a no-win, no-fee legal team means you will only be charged for their services if you succeed in your claim. This takes away a considerable amount of pressure, allowing you to proceed with a case without worrying about how to cover the costs if you lose.
Meet some of the diverse and dynamic compensation lawyers that support our clients with their Nursing Home Negligence claims.
Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.
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