DAMAGES
If a senior citizen is injured while a resident in a nursing home or assisted living center, there are special special legal considerations that must be made when determining whether to bring a lawsuit on behalf of a loved one. Nursing home or assisted living residents may suffer mentally or physically due to the negligent or reckless conduct of nursing home staff.
Mental or Physical Suffering
Mental or physical suffering are common forms of abuse suffered by residents of nursing home facilities. Mental abuse often manifests itself in the form of fear. A nursing home resident may suffer mental abuse if they are afraid of retaliation for seeking help. Senior residents may have anxiety and worry that their injury will worsen as they wait for help.
Residents who have been physically abuse may fear future surgeries to treat their injuries. As a result, mental anguish may lead to the loss of enjoyment of life. Seniors who have suffered physical injuries while a resident at a nursing home or assisted living center may have permanent disfigurement or a shortened life expectancy despite other health problems. Seniors should be protected from under staffed, inadequate care and/or abusive facilities.
Punitive Damages
Generally, in order to prove punitive damages are warranted, the nursing home resident must prove there was malicious or reckless conduct on the part of the nursing home facility or staff. This type of wrongful conduct may be demonstrated when the nursing home knew of the problems in the facility but did nothing to correct the problem and protect its residents. For example, a finding of inadequate staffing of employees, inadequate criminal background checks for staff members or employees not caring for known patient health issues properly may warrant punitive damages.
When nursing home staff members do not care for residents properly serious injury or death can occur. Nursing home injuries can be categorized into the following areas: restraint injuries, decubitus ulcers (bedsores), severe dehydration/malnutrition, exposure to the elements (wandering around the facility, elopement/leaving the grounds) and physical abuse or assault (hitting, pushing, force-feeding, unsanitary environment, using unnecessary physical restraints).
Many injured nursing home residents are elderly, have health issues and shorter life expectancies. Punitive damages may be more common in a nursing home injury cases because of the egregious behavior and victims who cannot protect themselves. Arbitration awards or judgments against nursing homes that are punitive damages are usually for mental anguish, pain and suffering experienced by the injured person, medical expenses and the loss of affection and companionship by the surviving spouse or children.
Damages Recoverable by Survivors, Heirs or Dependents
In an action against a nursing home where the resident has died, the resident’s survivor(s) may bring an action and recover damages. This is known as a wrongful death claim. Some damages may be loss of consortium or affection, loss of parental advice and guidance, mental anguish of the survivor and funeral expenses. Due to the growing number of elderly persons in the United States, there has been an increase in lawsuits and damages against nursing homes by loved ones or survivors of injured seniors.
A recurring theme in nursing home cases is under staffing. Lack of staff or under trained staff with elderly residents who require 24/7 care can be a recipe for tragedy. Inadequate or poorly maintained facility can also injure senior residents.
Burke, Harvey & Frankowski’s lawyers investigate and evaluate potential claims for nursing home neglect and abuse across the Southeastern US, including Alabama, Florida, Georgia, Mississippi, Tennessee and Texas.
If a friend or loved one has suffered a serious injury as a result of nursing home abuse or neglect, then contact us to request a free consultation. Our nursing home lawyers have experience handling complex injury claims and can review the circumstances surrounding the treatment to determine if your loved one and family may be entitled to compensation.
