Baton Rouge, LA – Nursing home patients can be hurt when the facility and its staff does not provide adequate care. When this lapse in care results in any kind of tangible harm or injury, legal action can be taken by the victim through a negligence lawsuit.
Negligence and the facility’s legal duty of care
Most civil cases that are filed related to accidents, neglect, or improper precautions are actually negligence cases. These are tort law actions that say a person or business violated its duty of care and caused injuries to the victim. There are four elements of negligence, and they can be related to specific problems found in a nursing home or assisted living facility. These four elements of are a duty of care, breach of that duty, causation, and damages.
Nursing home scenarios that show a breach of the standard of care
Understaffing or a lack of oversight by a physician can be one piece of evidence that shows the home breached its duty of care. Nursing homes are known to have issues with being understaffed, which also results in patients not being watched as closely as they should, or receiving regular care related to things like hygiene and medication. If the home routinely does not have enough employees working to meet the basic needs of the patients, this can be a serious problem.
Physical harm caused by staff members or improper visits from outsiders is another problem that is legally actionable. If an employee acted recklessly and hurt a patient in the home, or an outsider gained access to the facility for the purposes of stealing from or hurting patients, this is strong evidence that the home has legitimate security oversights. Inadequate security suggests that the patients in the home are not being protected properly.
Improper medication or treatment protocols can be disastrous in a facility for vulnerable patients. Sometimes there are mistakes where someone is given the wrong medicine or treatment regime. This can be dangerous or even fatal when dealing with patients who are very old, sick, or both.
Malpractice by a doctor or a nurse is possible in any healthcare setting as well. Sometimes, these professionals do make serious mistakes, despite their extensive training and regulation by state boards. Professional mistakes can result in high costs to the victim due to the need for additional medical treatment by outside professionals.
Talk with an attorney about nursing home problems in Baton Rouge
Many lawyers who handle personal injury and accident cases will be able to file negligence cases on behalf of a client. Miller, Hampton, and Hilgendorf is an acclaimed firm in the Baton Rouge area that deals with all matters related to nursing home mistreatment.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806