Injuries sustained at nursing homes are a major problem. According to statistics, 25% of nursing homes in the United States are cited for causing serious injury or death every year. At least 5,000 deaths every year are caused by negligence and injuries in nursing homes.
Injuries sustained at nursing homes are a major problem. According to statistics, 25% of nursing homes in the United States are cited for causing serious injury or death every year. At least 5,000 deaths every year are caused by negligence and injuries in nursing homes.
10% of residents of nursing homes suffer from bed sores. Residents of nursing homes fall at two times the rate of other elderly people. According to a 2010 research, up to 50% of all nursing home attendants have admitted that they have neglected or abused elderly patients.
Types of Damages
A party that complains against a nursing home needs to ensure that they have evidence of the suffering and losses that resulted from the conduct of a nursing home and should provide as much information as they can on the following types of damages:
- Reasonable and necessary medical expenses
- Actual expenses from the past for doctor, nursing, laboratory and hospital fees, prosthetic devices, medications, etc.
- Anticipated expenses for the future
- Harm from conditions resulting from prolonged immobilization
- Pain and suffering as a result of physical injuries
- Pain and suffering the patient is likely to suffer in the future
- Subjective pain like “phantom pain” that may not be obvious to others
- Harm from loss of sleep
- Mental anguish
- Past and future inability to enjoy life
Types of Mental Suffering
A nursing home resident (or their surviving family members) may be awarded monetary damages for pain, disfigurement, suffering, and impaired enjoyment of life. Such damages are awarded for physical as well as mental pain. The types of mental suffering for which a resident may recover damages includes:
- Fear of an injury’s consequences while waiting for help
- Fear that the victim experiences in between realizing an incident that will probably cause an injury is going to occur and the time that the incident occurred
- Fear that the victim experiences after getting injured about what else could have occurred
- Anxiety regarding physical health and well-being in the future
- Fear that surgery may be required in the future due to the victim’s injuries
- Fear of being more vulnerable to future injury
- Post-traumatic stress disorder
Punitive Damages
Apart from the damages mentioned earlier, a nursing home resident may also be awarded punitive damages in cases where it is shown that the conduct of the nursing home was reckless or malicious. In cases like these, there is sometimes an argument that the resident of the nursing home was deprived of their statutory rights.
If you or a loved has suffered injury or harm due to nursing home negligence, you should immediately seek the help of a medical malpractice attorney at RMFW Law at 212-344-1000. You can discuss the steps required to begin legal action against the nursing home and the staff members during this free consultation. That is right, the first meeting is free.
What do you have to say? What is your side of the story? Lashing out at everyone who works there does not make sense since some of them may be on your side. You need to legal help to being formulating your case. This is not something you can do on your own. Call RMFW Law at 212-344-1000 today!
