Suing the Nursing Home for Improper Use of Equipment

According to the most recent statistics from the National Center for Victims of Crime, gross neglect accounted for over 15% of the more than 14,000 complaints filed with nursing home regulators. The nursing staff is held to high standards regarding the care and welfare of nursing home residents. However, neglect often occurs when a caregiver fails to provide proper treatment, care, supervision, and services required to maintain the physical and mental health of the residents.

If your loved one has been injured in a nursing home due to the nursing staff's negligence or improper use of equipment, you are entitled to pursue compensation for their injuries. At The Paul Benson Law Firm, I am dedicated to offering experienced legal counsel and comprehensive representation to clients who have been victimized by nursing home neglect and abuse. As an experienced Wisconsin nursing home abuse attorney, I will fight passionately to protect your loved one's rights and help you seek rightful compensation for any pain and suffering they’ve been forced to endure.

My firm is proud to serve clients in Janesville, Rock County, and Beloit, Wisconsin — so call or reach out today to learn more about how I can help with your case.

Nursing homes and elderly care facilities provide a wide range of health and personal care services to seniors. Some of the most common equipment used in nursing homes include:

• Special medical beds
• Bedside cabinets
• Alarms
• Mattresses
• Overbed tables
• Mechanical lifts
• Hoyer Lifts
• Sleeper chairs
• Room furniture and living space furniture
• Urinary bags and care products
• Transportation chairs
• Platform tables
• Transfer hoists
• Mobility aids
• Infection control products
• Toilet equipment
• Pill accessories
• Shower stretchers
• Wheelchairs
• Walkers
• Handrail scales and balance training platforms

All of the equipment listed above is not only commonly used in nursing homes and senior care facilities, but they all have a history of being involved in cases of abuse or negligent care. One of the most common involves the improper training and usage of mechanical lifts and Hoyer lifts. While nursing homes and senior care facilities are permitted to use these lifts, they do require adequate training. If caretakers are operating lifts — or any other equipment — without proper training, the facility and its caretakers can be held liable for negligent abuse.

Nursing homes in Wisconsin that accept Medicare are required to follow certain federal regulations. According to the Code of Federal Regulations Section 483.25, quality of care is a fundamental principle that applies to all treatment and care provided to facility residents. The following standards of care are expected of the nursing home:

• The facility must ensure that residents receive adequate treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the resident's choices.
• Each resident's environment must be as free of accident hazards as possible
• Each resident receives adequate supervision and assistance devices to prevent accidents
• Residents who enter the facility without a limited range of motion must not experience a reduction in range of motion.
• The facility must ensure that residents who require colostomy, urostomy, or ileostomy services, receive such care consistent with professional standards of practice.

Nursing homes and adult care facilities owe a strict "duty of care" to their residents. If you have a loved one who was injured due to improper use of equipment, you are within your legal rights to sue the nursing home. However, if you wish to pursue a lawsuit, you may need to prove negligence or show that the neglect occurred due to any of the following reasons:

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• A failure to provide adequate training to nursing staff
• A failure to maintain the equipment properly
• Deliberate neglect of residents by staff members
• Not using the equipment as it is meant to be used
• A failure to properly monitor staff

Proving negligence in a case involving nursing home abuse can be extremely difficult. Hiring an experienced nursing home neglect attorney can be a crucial step you can take to protect your loved one's rights and seek deserved compensation for their injuries.

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