Articles Posted in Nursing Home Negligence

"class action lawsuit", injury, "assumption of risk"With all 50 states now re-opening in one form or another, businesses, nursing homes, medical facilities and others are bracing for what will surely be an onslaught of lawsuits over the illnesses and deaths due to the coronavirus.  And we have all heard horror stories of healthcare workers who were, virtually, forced to work in high risk areas without the protection of masks, gloves, etc.  We have even heard about at least one funeral home that had bodies of the deceased stacked up outside in the hot sun, decaying.

So, as the Plaintiffs are “Lawyering UP” to file their individual or collective lawsuits, the Plaintiffs will have to prove: (1) that there was a duty of the Defendant to protect the Plaintiff from the harm suffered, (2) that the Defendant breached that duty, (3) that the injuries suffered by the Plaintiff were proximately caused by the negligence of the Defendant, and (4) the damages suffered by the Plaintiff as a result of the Defendant’s negligence.  And as Plaintiffs prepare to file their lawsuits, potential Defendants are seeking protection from government officials, seeking immunity from lawsuits.

In injury law, one of the things we look at is whether the injury (or death) was “foreseeable”.  About a month ago, a friend who is a healthcare worker informed indicated that she would be traveling to New Orleans to provide healthcare for coronavirus patients.  But then she was informed that the facility would NOT be providing masks for the healthcare workers.  As a result, she refused to go.  And over the last few months, there have been many similar reports.  Now, for certain many facilities will argue that masks, gloves, etc., were in limited supply at the time.  However, the steps the facility took to protect its healthcare workers and patients will need to be litigated.

trial-resized-600-300x201In life, certain people may not see eye to eye, and unfortunately, this holds true in attorney-client relationships as well. An attorney can be a vital asset during a personal injury claim, however, it is important to understand that an attorney-client relationship can be very complex. It is imperative that a person has complete trust in their attorney and feels as if their needs are being met, in the event that this is not the case it is possible to switch attorneys. Although not always the easiest thing to do you can “fire” your personal injury attorney once a lawsuit has been initiated. However, if you feel it is necessary, you should not be afraid to switch attorneys to the attorney you feel is best for you.

Consulting with a New Attorney

 It is important to remember that you have a contract with your current attorney, however, a judge will allow you switch attorneys should you feel the need. When you contact a new attorney it is important to let them know you are currently being represented by someone else. Once you have hired a new attorney it is important that you promptly notify your previous counsel of their dismissal.

elderly-300x199Due to the nature of nursing homes, they are often associated with numerous negative connotations. Associating a facility with the end of one’s life will never bring about good thoughts. However, when someone thinks of a nursing home they typically believe they are placing their loved one in a safe and caring environment, never thinking twice that the nursing home may betray their trust. Unfortunately, this is the reality and nursing home abuse is widespread and takes many forms. Among the most common and shocking is sexual abuse against residents of the home. The problem is far bigger than most people are aware of and recent news suggests sexual abuse in nursing is rampant across the nation.

Individuals in nursing homes are particularly vulnerable and often do not have their cries for help heard. The abuse can lead to irreparable physical and mental harm, regardless of the stage of life the victim may be in. If your loved one has been a victim of abuse at a nursing home it is important to know that there is help out there. An attorney can represent your loved one and ensure they are compensated for the abuse they sustained.

The Abuse Is Widespread