Nursing Home Claims *
There may come a time where our elderly family members require a higher level of care in a nursing home. It is natural to expect an impeccable level of service and support provided by your local nursing homes. The care home is accountable by law to uphold certain standards of care. It is reasonable to assume that appropriate nursing home facilities and personal medical requirements are seen to and cared for. Unfortunately, there are scenarios where nursing home neglect occurs. If the retirement home fails to meet its responsibility to protect the people in their care, whether it be through medical negligence *, abuse or any other form of behaviour not in keeping with the duty of care expected from them, it can result in negative consequences such as illness, personal injury * or emotional stress.
There are numerous different types of claims made against the assisted living facility, such as nursing homes, from medical malpractice to abuse and more. To confirm your suspicions, there are a number of symptoms that may indicate that a person in receipt of the senior care may be experiencing nursing home abuse *.
- Physical discomfort
- Quiet around carers
- Bruises or bleedings
- Bed Sores
- Unexplained infections
People in senior care homes who have suffered from physical abuse often display unexplained injuries. Injuries out of the ordinary that are visible should be questioned. Victims of physical abuse may display signs of emotional abuse, such as stress and mood swings.
Emotional abuse victims experience frequent mood swings and unusual behavioural patterns. In some cases, the person can show early signs of depression and can act strongly out of character. This can be a direct result of the elderly care professional not adhering to the standard of their profession.
It is important to note that the most common form of abuse is when the finances of the elderly person become exploited. A sudden drop in the resident’s finances would be concerning. If the nursing facility isn’t providing for the person’s needs, as agreed when the person was admitted to the nursing home this needs to be addressed also.
The causes of negligence in a residential care home * can usually be easily be dealt with. Unfortunately, as the numbers for nursing home centres increase, the centres may fail to deal with the abuse taking place within their establishment. For this reason, nursing home claims * can be filed for different reasons.
It is vitally important not to dismiss any potential signs of nursing home negligence * towards an elderly person. There are numerous different personal injuries * that can happen in nursing homes due to a person’s personal condition. If the necessary equipment is not accommodated, elderly people can be susceptible to falls, which can cause serious injury.
Administrating the wrong form or overprescribing medication to a person in a nursing home breaks the agreement they must abide by. If the medical error injures the resident they become entitled to pursue legal action.
Residents require an equal amount of time from the staff members. Understaffing can cause the staff to become stressed while at work, resulting in less compassion being shown to residents and in some cases aggressive handling of the residents.
Nursing home staff members and in-home care nurses must hold the right qualifications and training certificates to deal with specific situations. If an unqualified staff member is working when an incident leads to a personal injury * the nursing home may then become liable.
Making a claim *
1. Speak with a Medical Negligence Solicitor *
If you feel that you, a partner or a family member has suffered from an inadequate service or have not been provided with the appropriate care level which a nursing home is expected to provide then speaking with a medical negligence solicitor as soon as possible following the incident is imperative. Medical negligence is a very complex topic in Irish law and attempting to bring a claim forward without having spoken to a solicitor specialising in nursing home abuse and neglect cases * may mean that you may miss a vital step of the process which could delay your claims procedure considerably.
2. Medical Records
In order to make nursing home claim *, it must be established and proven that the injury sustained was caused by the negligence of the nursing home where the resident was staying. Therefore, after having spoken to you about your case, your solicitor will then request access to your records.
At this stage, the solicitor will have your medical record assessed by an independent medical expert. This will help determine whether the nursing home in question provided the proper service necessary and if negligence * was the cause of the injury and also if the injuries/outcome could have been avoided if the appropriate level of nursing care had been adhered to.
3. Letter of Claim
If the independent medical expert has concluded that negligence had occurred then your solicitor will draft a Letter of Claim to the nursing home where the resident was based. A Letter of Claim will outline the nature of your case and invites the care facility to settle your claim.
The next steps involved are heavily dependent on your case and response to your Letter of Claim and will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through this process.
TELL US ABOUT YOUR CLAIM
At Tracey Solicitors, our dedicated nursing home medical negligence solicitors * have years of experience in helping people deal with nursing home claims *. We understand the injuries (physically and emotionally) that you or a family member have suffered and have supported and helped many people in similar situations proceed with clinical negligence claims * in Ireland over the past 30 years.
For a confidential discussion, call Caoimhe McConnell, Head Medical Negligence Solicitor, on 01 649 9900 and tell her about your case or reach out via email to firstname.lastname@example.org and she can call you back.