SUING THE NURSING HOME FOR IMPROPER USE OF EQUIPMENT
June 9, 2021
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.
Equipment Commonly Used by Nursing Home Staff
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
Room furniture and living space furniture
Urinary bags and care products
Infection control products
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.
Standards of Care
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.
Can You Sue the Nursing Home for Improper Use of Equipment?
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:
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.
Work with an Experienced Personal Injury Attorney
The high rate of accidents and neglect experienced by residents of nursing homes and senior care facilities can be quite disturbing. However, proving negligence and recovering damages in nursing home cases involve a lot of legal complexities. If you're considering suing a nursing home or senior care facility for improper use of equipment, it is imperative that you retain a knowledgeable personal injury attorney who can protect your loved one's rights and provide detailed guidance every step of the way.
At The Paul Benson Law Firm, I have the legal resources and experience to assist and represent clients who are looking to file a personal injury lawsuit for elder abuse or neglect. As your legal counsel, I will review every last detail of your case, conduct a thorough investigation, and explore all available legal options that you have to recover damages. I will continue fighting on your side to protect your loved one's rights and work hard to pursue fair financial compensation for any pain and suffering they have been forced to suffer through. My top priority will be to protect the safety and well-being of your loved ones as we pursue compensation that can help cover the medical costs for any injuries suffered.
So if someone you love has been injured in a nursing home, contact my firm — The Paul Benson Law Firm — today to schedule a one-on-one case assessment. I can offer the experienced legal guidance, support, and vigorous representation you need to pursue fair compensation for any sustained injuries. My firm is proud to represent clients throughout Janesville, Rock County, and Beloit, Wisconsin — so reach out today to schedule a free case evaluation.