Were You Injured at a Nursing Facility?

If you or a loved one has been injured while residing in a nursing facility, it’s essential to understand the rights you have and the legal responsibilities that the facility owes to you. Nursing facilities, by their very nature, have a heightened standard of care under the law. This means they must take extra precautions to ensure the safety, well-being, and proper treatment of their residents. When these facilities fail in their duties, and injuries occur, they can and should be held accountable. At Golden Coast Trial Attorneys, PC, we have extensive experience handling cases against nursing facilities and are here to help you understand your legal options.

The Heightened Standard of Care in Nursing Facilities

Nursing facilities are considered healthcare providers and are, therefore, subject to strict regulations and standards of care. These facilities are designed to serve vulnerable individuals, including the elderly and those with chronic health conditions, who often cannot care for themselves. Because of this, nursing homes must comply with federal and state regulations that govern resident care, including providing a safe environment, adequate medical attention, and basic necessities such as nutrition, hydration, and hygiene. When a facility fails to meet these standards, they may be liable for injuries caused by their negligence.

Residents and their families trust nursing facilities to provide a high level of care. Unfortunately, incidents of neglect, abuse, or substandard care can result in serious harm. Injuries in nursing facilities can arise from various forms of negligence, including improper supervision, medication errors, physical abuse, and unsafe premises. If you have been injured in a nursing facility, you may have multiple legal claims, known as “causes of action,” against the facility, its staff, or even third-party contractors.

Causes of Action You May Have Against a Nursing Facility

1. Negligence

One of the most common causes of action in cases involving nursing facility injuries is negligence. Nursing homes and their staff are required to exercise reasonable care to prevent harm to residents. This includes ensuring that the facility is free of hazards, such as wet floors, broken furniture, or unsafe walkways. It also involves providing proper supervision to prevent falls or other accidents, administering the correct medications in the appropriate dosages, and addressing residents’ medical needs promptly.

If a nursing facility fails in any of these duties, and that failure results in injury, the facility may be held liable for negligence. To prove negligence, you must show that the facility owed you a duty of care, breached that duty, and that the breach directly caused your injury.

2. Medical Malpractice

Another potential cause of action is medical malpractice. Nursing facilities employ healthcare professionals, including doctors, nurses, and aides, who have a duty to provide an acceptable standard of medical care to residents. When these professionals fail to provide appropriate treatment or make critical errors—such as misdiagnosing an illness, failing to administer necessary medication, or neglecting to monitor a resident’s health condition—they may be liable for medical malpractice.

Proving medical malpractice typically requires showing that the healthcare provider’s conduct fell below the accepted standard of care in the medical community and directly caused harm.

3. Abuse and Intentional Harm

In some cases, injuries may result from intentional harm or abuse. Unfortunately, instances of physical, emotional, or financial abuse in nursing facilities are not uncommon. Physical abuse may involve rough handling, hitting, or restraining residents inappropriately. Emotional abuse can include verbal threats, humiliation, or isolation. Financial abuse may involve exploiting residents for their money or property.

If you or a loved one has suffered such abuse, you may have a cause of action for assault, battery, or intentional infliction of emotional distress. Facilities can be held responsible for the actions of their employees if they fail to properly screen, train, or supervise their staff, or if they ignore signs of abuse.

4. Premises Liability

Another potential claim is premises liability. Nursing facilities have a legal duty to maintain their premises in a safe condition for residents and visitors. This includes addressing known hazards such as slippery floors, inadequate lighting, broken handrails, and faulty equipment. If the facility fails to correct or warn residents about these hazards, and an injury occurs as a result, they may be liable under premises liability laws.

To succeed in a premises liability claim, you must demonstrate that the facility knew or should have known about the hazardous condition and failed to take reasonable steps to remedy it.

5. Breach of Contract

In some cases, facilities may also be liable for breach of contract. When you or your loved one enters a nursing facility, you typically sign an agreement outlining the services the facility will provide. This contract may include provisions for specific medical care, nutritional support, therapy, and other essential services.

If the facility fails to provide the services it agreed to, resulting in harm or injury, they may be in breach of contract. This type of claim allows you to seek compensation for damages arising from the facility’s failure to fulfill its obligations.

6. Violations of Residents’ Rights

In addition to the claims mentioned above, nursing facilities can face legal action for violations of residents’ rights under state and federal laws. The Nursing Home Reform Act, for example, establishes specific rights for residents, including the right to be free from abuse and neglect, the right to participate in decisions about their care, and the right to a dignified existence.

If a nursing facility violates these rights, they can be held accountable through legal action, which may include claims for damages, injunctions, or regulatory penalties.

The Importance of Acting Quickly

It is essential to act promptly if you believe you have a claim against a nursing facility. Evidence, such as medical records, incident reports, and witness statements, is critical to building a strong case and should be gathered as soon as possible. Additionally, there are statutes of limitations that restrict the time you have to file a lawsuit. Consulting with an experienced attorney can help you understand your legal options and guide you through the process of seeking justice.

How Golden Coast Trial Attorneys, PC Can Help You

At Golden Coast Trial Attorneys, PC, we understand the complexity of nursing facility injury cases and the emotional toll they take on victims and their families. Our experienced team is dedicated to holding nursing facilities accountable for their actions and ensuring that residents receive the care and respect they deserve. We will thoroughly investigate the circumstances surrounding your injury, identify all potential causes of action, and pursue maximum compensation for your damages, including medical expenses, pain and suffering, and punitive damages if appropriate.

Contact Golden Coast Trial Attorneys, PC

If you or a loved one has been injured in a nursing facility, contact our office immediately for a free consultation. Call us at (833) 952-9669 or email us at [email protected]. You can also visit our website at www.GCTA.law to learn more about how we can assist you. Let us help you take the necessary steps to protect your rights and seek the justice and compensation you deserve.