Baton Rouge, LA – There are a number of offenses committed by nursing homes that are legally actionable. This is because the facility has an affirmative duty to take various precautions and prevent illness or death among those under their care. Situations routinely emerge where a patient in a nursing home gets hurt because the home did not take preventive actions such as implementing safety measures or altering the person’s medication regimen.
Nursing homes must satisfy a high burden when it comes to caring for patients
Some courts have found that an exhaustive amount of precautions should be taken by the facility’s staff and administrators. Louisiana’s Department of Heath keeps a large list of requirements. There are examples of nursing homes being found negligent for not giving a patient a body alarm or panic button, failing to change their prescribed medications, not providing personal assistance from a physical therapist, or failing to accompany the patient to the bathroom. Keep in mind that the burden placed on a home which is in the business of caring for elderly and sick individuals will be higher than a general caretaker in other settings. The patient may also have a history of consistent problems with one issue that should be addressed. A failure to foresee and protect the individual against problems associated with this issue may be actionable as well.
Aside from the medical problems associated with any one particular resident, the home’s owners also have a general duty to keep residents safe from all kinds of hazards. This can include both physical obstacles that are likely to result in people slipping and falling, as well as viral infections that spread due to a lack of sanitation and cleanliness.
How to begin investigating an incident and possibly file a lawsuit
The first step is for a victim or their family to contact a local attorney who deals with nursing home abuse cases. They will begin a process to gather information based on the story, along with requesting various types of records from the facility. After collecting evidence, the lawyer will have to review local laws related to negligence and intentional harm, and see if the facts of any particular incident can meet all of the elements for a cause of action. For example, in a negligence case there must be evidence that the breach of a duty of care was the actual cause of the victim’s injuries.
Nursing homes can be sued after some mistakes
Speaking with an attorney who dedicates their practice to cases involving nursing home neglect, abuse, and deaths is the best option for someone who has experienced these kinds of problems. Miller, Hampton, and Hilgendorf is a firm that helps clients with various lawsuits related to injuries and accidents in the state of Louisiana.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806