Nursing Home Infections Lawyer

Choosing to move to a nursing home can be a challenging stage in a person’s life. Whether you are facing persistent medical needs that require close attention or you have a loved one who is entering that stage of life, nursing homes are viable options for those in need of ongoing care. 

Unfortunately, nursing homes are not always as safe as they should be. Elderly individuals are vulnerable to infections because of their weakening immune systems and other health conditions. Infections in nursing homes are a serious concern for residents and their family members. 

Understanding Infections in Nursing Homes

One of the most frequent issues in assisted living facilities is preventing and treating infections. A nursing home infection could be an isolated incident, putting just one patient at risk. 

However, with so many vulnerable individuals in close proximity, a nursing home infection can quickly spread to others and lead to an outbreak. This puts a significant strain on the care abilities of nursing home staff. 

Nursing home residents who are exposed to infections could face severe consequences. Patients with weakened immune systems struggle to cope with disease symptoms, often facing more severe consequences as a result. 

If they do not receive quality medical treatment, they could be at risk of dying. Many nursing home negligence cases occur because the nursing home failed to prevent or control a spreading infection.  

Common Types of Infections

Nursing homes are rampant with many types of infections, including:

• Urinary Tract Infections (UTIs): Frequent among catheter users
• Diabetic Wound Infections: Occur when diabetic residents’ weakened immune systems can’t fight off infections in wounds
• Skin and Soft Tissue Infections: Include cellulitis, pressure ulcers, fungal infections, and impetigo
• Staph Infections: Caused by bacteria entering the body through cuts or orifices
• Pneumonia: A severe respiratory infection common in elderly populations
• Sepsis: A life-threatening response to infection that can affect multiple organ systems
• Influenza: Highly contagious and potentially severe in older adults
• Bloodstream Infections: Can lead to serious complications if not treated promptly

Contributing Factors

A nursing home infection can spread quickly if proper prevention control is not implemented immediately. These diseases, which may be transmitted through the air, physical contact, or food, can cause outbreaks due to understaffing, inadequate hygiene practices, and lack of proper infection control. 

Staff members must be vigilant in isolating and treating infected patients promptly to prevent a facility-wide crisis. 

Recognizing Signs and Symptoms of Infections on Nursing Home Residents

Whether you live in a nursing home or visit a family member who does, knowing the signs of common infections could save a life. You should look for these signs and symptoms of infections so proper medical care can be implemented immediately to prevent the disease’s spread. 

Early Warning Signs

The sooner an infection is diagnosed, the easier it is to treat the patient effectively. If the patient has a fever, chills, cough, abrupt changes to their mental status, skin redness, or swelling, this could indicate that a common nursing home infection has set in. 

Inform a staff member at the care facility immediately if you experience these symptoms or if your loved one is displaying these early warning signs. 

Specific Symptoms for Common Infections

A resident suffering from an infection will likely experience symptoms that can help identify the type of disease. Here are some common symptoms for various infections that occur in care facilities.

• Urinary tract infection – Symptoms may include pain while urinating, a frequent urge to urinate, off-color urine, general discomfort, and an inability to empty the bladder. 
• Staph infection – Symptoms may include painful boils, abscesses, bone pain, swelling, shortness of breath, a fever, chills, extremely low blood pressure, red skin, and nausea. 
• Infected pressure ulcers – Some symptoms are pus drainage, a foul smell, pain, redness and tenderness around the ulcer, warm skin, bleeding, swelling, and a fever.
• Sepsis – Symptoms may include clammy skin, a fever, chills, shortness of breath, faster heartbeat, extreme pain, disorientation, and low urine output. 
• Bloodstream infection – Symptoms may include hypothermia, a rapid heart rate, rapid breathing, lightheadedness, nausea, sensitivity to light, and confusion. 

Importance of Prompt Medical Attention

Timely medical intervention is essential to protect the health of vulnerable residents. The sooner the disease is correctly identified, the sooner treatment can begin. The longer an infection is ignored in a nursing home resident, the more likely there are to be serious health consequences, such as organ failure, septic shock, secondary conditions, and even death. 

Once you notice warning signs or symptoms in yourself or a loved one, notify the nursing home facility staff immediately. 

Legal Implications of a Nursing Home Infection

Care facilities are responsible for upholding resident rights and protecting their health. When a nursing home fails to provide an expected standard of care, including infection prevention and control, there may be legal implications for the nursing staff, administrators, and the facility. Here are some elements that may lead to a nursing home infection lawsuit.

Nursing Home Negligence

Negligence occurs when a failure to use reasonable care harms another person. Nursing home neglect is involved in many personal injury lawsuits because residents are owed a certain level of care, and facilities often fall short. If the victims in these cases suffer legal damages, they have the right to file lawsuits against the nursing home. 

With preventable infections, the nursing home may be liable if staff members fail to take proper precautions to prevent, control, and treat the disease. 

If nursing home abuse and neglect result in a resident suffering from a preventable infection, the victim or their family members could have grounds to sue the assisted living facility. To win nursing home infection lawsuits, plaintiffs must prove several elements. 

Duty of Care

Nursing homes have a legal duty of care to protect the health of residents and uphold professional standards of care. A nursing home infection lawsuit must demonstrate that the victim was owed this duty of care because they were staying in a nursing home when the infection occurred. 

Residents have the right to a safe and healthy environment in their nursing homes, including services that prevent infection. 

Breach of Duty

Next, you must prove that the nursing home fell short of the expectations within their duty of care. Did the staff fail to treat infections, isolate the infected patient, or manage an outbreak? Were they consistently monitoring the patient to ensure their condition did not worsen? Nursing home abuse lawsuits are only successful if plaintiffs prove the duty of care was breached. 

Causation and Damages

The final elements that must be present in a nursing home neglect case are causation and legal damages. Causation is the link between the breach of duty and the harm suffered by the plaintiff.

For example, if a resident contracted an infectious disease and the staff failed to monitor them, the patient’s condition may worsen and lead to additional suffering. The plaintiff must prove that the staff did not provide proper care, directly causing the patient’s condition to worsen. 

Legal damages are also required if you want to seek justice. Even if you were not treated properly for infectious diseases, there may not be legal consequences that would require compensation. 

You must demonstrate that you suffered from medical bills, physical pain, emotional trauma, loss of quality of life, or other legal damages. This will affect the amount of compensation you can earn from your nursing home abuse and neglect lawsuit. 

The Role of a Nursing Home Infections Lawyer

Nursing home infection lawyers can be essential in seeking compensation for legal damages. Suppose you or a loved one has suffered because of medical malpractice in a nursing home. In that case, you need legal guidance to navigate the complex claims process. 

Going through this process alone will make it far more challenging to prove your claim and earn fair compensation. Here are a few ways that nursing home abuse lawyers can help with your claim. 

Case Evaluation and Investigation

First, determine if you have grounds for an abuse and neglect claim. While many nursing home residents may believe they’re eligible for a lawsuit, the circumstances of each case vary. Nursing home abuse attorneys can evaluate your case to determine its merit and recommend the best course of action.

If a lawsuit is in the cards, your legal team will thoroughly investigate your situation. They will examine the circumstances surrounding your infection to determine if the nursing home is liable. Your lawyer will also assess the value of your damages to find a fair compensation amount. 

Gathering Evidence

One of the most critical steps in the claims process is gathering evidence. Typically, the burden of proof in a civil claim is proving that the defendant “more likely than not” behaved negligently and caused harm to the plaintiff. Though this standard of proof is lower than a criminal proceeding, it still requires substantial evidence. 

Nursing home abuse lawyers are experts at gathering relevant evidence to support claims of abuse and neglect. Your legal representative will help you collect medical records, incident reports, expert opinions, witness statements, and other data to support your claim and increase your chances of winning compensation. 

Negotiating with the Nursing Home and Insurance Companies

Nursing homes and their insurance companies will look to pay out as little as possible to victims in personal injury claims. They will use every tactic in the book to undermine your case and lowball you with the settlement. Nursing home abuse and neglect attorneys will level the playing field by negotiating on your behalf.

Litigation and Trial Advocacy

Most lawsuits involving a nursing home facility will be settled outside of court. However, in rare circumstances when the nursing home refuses to acknowledge the plaintiffs’ suffering, these cases could proceed to trial. 

Fortunately, the attorneys who helped you file your claim can also assist with litigation. They will prepare you for the trial, protect your rights during the proceeding, and keep you on track to be compensated for your losses. 

Compensation for Victims of Nursing Home Infections

Whether you develop sepsis, skin infections, or other severe injuries during your time in the nursing home, you can pursue compensation for legal damages if the harm was caused by nursing home staff negligence.

Types of Damages

The primary damages in your case will be economic or non-economic. Economic damages in a nursing home infection case may include lost income, hospital bills, and future medical expenses. In a wrongful death lawsuit, family members could also pursue funeral costs and loss of financial support. 

Non-economic damages include physical pain and suffering, emotional distress, PTSD, and loss of enjoyment of life. If a family member is filing a wrongful death suit, they may also claim compensation for loss of companionship. 

Punitive Damages

If your nursing home abuse and neglect claim involves gross negligence or intentional misconduct, a judge may allow punitive damages, an additional compensation designed to punish the defendant further. 

Contact a Nursing Home Infections Lawyer

Nursing Home Law Center is dedicated to guiding you through your legal options. Whether you developed sepsis because of poor sanitation or were exposed to a disease because staff did not provide you with personal protective equipment, you have the right to hold the negligent party accountable. 

Our team will guide you through the claims process and ensure you have the best chance of winning compensation. 

Contact our team today to discuss your case during a free consultation. Call us at 800-926-7565 or complete the contact form.