What Types Of Injuries Do You See In Nursing Home Abuse Cases?
There are several types of injuries common in nursing home abuse. Some examples include bed sores, dehydration, malnutrition, uro-sepsis, septic conditions, administration of the wrong medicine, incorrect administration of the correct medication, wrong dosage, physical abuse, failure to properly notify the doctor of a problem which could be addressed before injuring the patient, failure to notify the family of a problem being experienced by the family member, neglect of a patient, and failure to follow a care plan for a patient.
Who Could Be Potentially Liable In These Types Of Claims?
Potentially liable are the nurses, nurses’ aides, the nursing home itself, the administrator, and the director of the nursing home can also be held culpable. The nursing home is responsible for the actions of its employees.
What Evidence And Witnesses Are Important In Nursing Home Negligence Or Abuse Cases?
There are several different witnesses and pieces of evidence that are important to have in nursing home negligence and abuse cases. The employees of the nursing home may witness the malpractice. However, they are generally prohibited from talking to the family’s attorney. Eyewitness testimony by the family is helpful in establishing what happened to their family member. Photographs of injuries and wounds are extremely helpful. Copies of letters to the nursing home administration registering complaints and asking for help are also beneficial. Daily logs of what the family observes are critical to establishing an accurate timeline.
What Is The Statute Of Limitations On These Types Of Cases As Well In Louisiana?
The statute of limitations on these cases in Louisiana is one year from the date that you knew or should have known of the alleged medical malpractice, but no event any later than three years from the date of the malpractice in nursing home cases. It is imperative you file a claim as soon as you know that malpractice has occurred or may have occurred. Survival actions, which are causes of action for the patient’s pain and suffering that the surviving family inherits upon the patient’s death must be brought within one year of the date of the incident that gives rise to the claim. Wrongful death, which is the claim each family member has for his or her loss of the patient, must be filed within a year of the death.
Can I File A Nursing Home Abuse Case On Behalf Of a Loved One If They Are Unable To Do So Themselves?
Yes, you can file an abuse case against a nursing home on behalf of a loved one if they are unable to do so. This can be done under a power of attorney or by a court appointment. Furthermore, a spouse or major child may file a claim on their behalf even if there is no formal power of attorney or court appointment in place. If there is no spouse or children then the parents or siblings of the victim may bring the claim.
For more information on Nursing Home Abuse/Negligence Claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 332-8188 today.