If an elder person is hurt while staying a nursing home or in some other medical facility, he has a right to file all sorts of claims regarding a personal injury. And one of them that could be appropriate can be a medical clime. The difference should be made between an elder abuse and medical neglect. Elder abuse is when a nursing staff intentionally hurts elder person, but the word neglect comes from negligence, like inaction or indifference.
Nursing homes have to show high standard of care and they are under the both federal and state law that protects the seniors. Considering the federal Nursing Home Reform Act of 1987, all nursing homes have the obligation to maintain safe homes and the abuse of the elders must not be present. If an Attorney General finds that there’s been some failure regarding regulations, even though the elder didn’t suffer any damage or injury, he has the right to file a complaint against the nursing home.
Any nursing home that failed to follow regulations and neglected their residents can be held responsible for medical neglect. In any case the plaintiff must prove the nursing home duties, failure to conduct those duties, injury, harm or death that was a cause of those failures and that nursing home didn’t follow the standard protocol of care.
There are other medical neglect cases, such as: failure to diagnose elder, overmedication or under – medication, failure to see if the patient is in the state of dehydration or malnutrition or if he doesn’t send him to the hospital when needed. Sometimes medical malpractice of the doctor or nurse can be the cause for medical neglect. If the patient suffers from bedsores or dehydration, he should be immediately transferred to the hospital, where he will receive the appropriate treatment. If in cases the medical neglect happens in nursing home but at the caregiver as well, the jury will divide the responsibility and they will be both reliable.
Damages that can be recovered are those through medical neglect claim and they are appointed towards nursing home. They can be previous and following medical costs, pain and suffering, rehabilitation and others. For more information and advice you can call Car accident attorney bronx.
These type of situations are most common for elder people. Nursing homes and other facilities that provide care of elder people should take full responsibility in protecting them and preventing these kind of situations to happen. When an elder is admitted to the facility the staff has to assess the risk of fall and provide a plan to manage that risk. If by any chance the fall does occur, the staff has to make an appropriate change to prevent that situation to happen again. For all information you can contact orlando Car accident attorney.
An adequate equipment can help a lot, such as: rails for bed, canes, chairs with wheels that have a lock and non – skid footwear.
All nursing homes should be able to prevent falls, with a usage of adequate equipment. If they don’t implement this equipment into their daily routine, the family of the elder should intervene. Some falls cannot be prevented but the majority of them can, with the help of highly trained staff. Since they fall under the federal, state and local regulations, all nursing homes should have their premises free of threat and dangers, they should have appropriate employees and a manager who should supervise them, an adequate medical treatment is required.
If by any chance member of your family falls during a stay in nursing home, you are going to ask yourself if he is receiving an appropriate medical care. You shouldn’t leave anything by chance, the right investigation will show the results. But if an elder person is seriously hurt and the neglect is shown to be the only result. He can file a lawsuit independently or through caretaker to recover economic or non – economic damage, like: previous or following medical costs, physical or emotional pain, rehabilitation and others. If in cases is proved some type of misconduct by a nursing facility, the elder will be able to seek punitive damage.
Every surgery brings great risk and they can even happen when an experienced surgeon is performing a surgery, who has great knowledge and expertise. Before every surgery, the patient usually reads and signs the consent regarding a surgery, which involves that he is aware of the risks and complications. If you ever need help necessary call los angeles Car accident lawyer.
Not every surgical error can be considered as medical malpractice. In order to surgical error be considered as medical malpractice, it must be shown that surgeon breached the standard protocol of care and the error must result with a harm or injury. If a patient was not injured in risky procedure and the surgeon and his team held the right standard of care, the patient won’t have the ground to file for the medical malpractice.
Surely, important question would be: what is the standard of care for surgery? In its general meaning, it would be high quality care that surgeon presented, who has the appropriate training and experience. Error and mistakes can happen during a surgery and if a surgeon acts reasonably he can be able to prevent further complication. But some mistakes cannot be prevented, even in situations where surgeon gives his best and uses his all knowledge and expertise. In those situations, the patient cannot seek the compensations, no matter how severe the final result was.
There are many errors during a surgery, some of them: cutting the wrong nerve, giving the wrong anesthesia, conduction a surgery on the wrong part of the body or in some cases leaving a surgical instrument inside of the body.
Why do these type of error happen? One of the main cause is wrong communication between medical staff. In some situation the surgeon doesn’t tell the right dose of medication to the nurse, or the wrong part of the body may be noted. In some cases, the surgeon isn’t enough prepared for the surgery, or he may not have an appropriate competence for that kind of a procedure. During the any type of the surgery, all the equipment must be sterilized and ready and surgeon must review patient medical records in order to prevent complications during a surgery.
Ben Rabinowitz is a dedicated trial lawyer at Schwartzapfel Lawyers P.C. who represents clients injured in auto accidents, slips and falls, construction accidents, workers' compensation, wrongful deat...