Our Michigan nursing home abuse lawyers are aware you probably have many questions you would like answered regarding nursing home abuse and neglect situations. Here, we try our best to answer many of the common questions we are often asked by our clients. Of course, you probably have a question or concern that is unique to your situation which requires the attention of one of our expert attorneys.
The facts regarding her fall and each case is different and really depends on her required level of supervision. If the nursing staff and doctors knew that she was a risk for falling and did not prescribe fall prevention procedures, they may be held liable for her injuries.
Many times, the bed sore is the result of negligent treatment from the staff, like failing to bathe the patient, failing to turn the patient, and failing to re-position the patient. Other times, they are unavoidable. It is necessary to have her chart reviewed to see if she proper treatment.
You may be able to file a Michigan nursing home neglect lawsuit. It really depends on what your mother’s specific needs were and whether precautions should have been taken to prevent her fall. Many times, it is necessary to have bed rails up to preven falls and take other measures to prevent fall injuries.
Yes. Nursing homes and hospitals must take appropriate measures and precautions to prevent nursing home residents and patients from suffering falls from their beds. This is especially true if the patient has a prior history of falling, is on medications that affect judgment, or cannot get out of bed himslef. Many times, a patient will call for a nurse or aide to assist him with going to the bathroom and when no one shows up to help, the patient tries to do it himself. This often results in a fall and serious injuries.
In Michigan, a person injured due to nursing home abuse or nursing home neglect must generally file a lawsuit within two years of the date of the negligent act under the statute of limitations. If the negligent act is discovered after the two year period, you may have an additional six months to file your lawsuit under the “discovery rule.”
If you fail to meet these deadlines, your case will be destroyed forever and you cannot sue for your injuries. It is essential that you contact an experienced Michigan nursing home injury lawyer as soon as possible so that you do not lose your rights to a fair settlement.
Yes, especially if she has either a history of falling, balance problems, or does not have the mental capacity to understand the dangers of getting out of bed by herself and without assistance. For many patients, it is necessary to have the bedrails up at all times to prevent fall injuries.
Yes, if a loved one wanders or elopes (leaving the nursing home undetected) while in the care of a nursing home and is killed or suffers injuries, a nursing home neglect lawsuit can be filed against that Michigan nursing home. Lawsuits for resident wandering can be filed against skilled nursing homes, assisted living facilities, memory care units, and Adult Foster Care Homes (AFC Homes).
A well-run, ethical nursing home or other facility will have a procedure in place to identify patients at risk of wandering – also called eloping – due to dementia symptoms. This procedure will include methods for assessing risks, individualized treatment plans to prevent wandering, and staff training to ensure all team members observe the best practices for safety. The physical facility will also be built with safe elopement prevention in mind, including security locks on key doors, secure elevators and monitoring equipment. A patient who elopes from a facility due to improper security or under qualified staff is a victim of negligence and failed supervision.
If your mother is a nursing home resident and is injured by her physical therapist at the facility, you can sue the Michigan nursing home for her injuries. When a nursing home resident is injured by a physical therapist, there is a legal remedy to compensate for those injuries. You can file a malpractice lawsuit against the Michigan nursing home and physical therapist on behalf of the patient who was injured as a result of negligent medical care.
Quite often a physical therapist helps a patient recover from their medical condition; however, there are occasions when the nursing home patient suffers injuries due to the physical therapists mistake. The injuries caused by a physical therapist can result in significant harm to the patient, including fractured bones and burn injuries. In these situations, you can sue the Michigan nursing home for the injuries.
Some common causes of malpractice lawsuits against a physical therapist include the failure to refer the patient or seek a consultation from a specialist, improper positioning, injury during manipulation, injury during massage, dropped patients or patient falls, equipment malfunctions causing injuries, and more.
Yes. If your mother died due to the neglect at a Michigan nursing home you can file a lawsuit. These lawsuits are filed against the nursing home facility and nursing home doctors, nurses, or care takers whose negligence in their care of the resident caused a premature and untimely death. These lawsuits, known as a nursing home neglect lawsuit, will not only seek compensation for the tragic death of your mother, but also serve as notice to the nursing home that they need to improve their patient care or they will face other lawsuits in the future.
Yes, you can file a wrongful death lawsuit if your grandmother choked to death on a piece of food at Michigan nursing home. Many of times these deaths are preventable with proper assessments, therapy, food preparation, and observation on behalf of the nurses, care takers, and staff of the Michigan nursing home. When filing the wrongful death lawsuit against Michigan nursing home the family must explain how proper care could have prevented the death and it must be determined that the nursing home failed the resident. If a resident is determined to be a risk for choking on food due to a medical condition or swallowing disorder, the facility must take necessary precautions to prevent a choking death from occurring at the facility. This includes a special diet, like soft foods, with food prepared in a way that would eliminate the possibility of choking, assistance with eating, and observation by a trained staff member during meals.
An assisted living facility resident may suffer injuries due to natural causes, however often times the reason for injuries is due to the negligence of the assisted living facility and its staff. There are a number of negligent factors of why an assisted living facility resident is injured. These include inappropriate admission or retention, improper or inadequate medical and nursing staffing, and/or lack of supervision of the resident.
Yes, you can sue the Michigan assisted living facility if resident injury is caused from inappropriate admission. Inappropriate admission is a form of neglect, and means that the resident was not really an appropriate candidate for this type of facility based upon their needs and required level of care. Assisted living facilities have a little more independence and freedoms compared to a nursing home facility. Quite often, the resident should have not been admitted in the first place to the assisted living facility or should have been moved once staff realizes that the needs of the resident could not be satisfied at the facility.
Claims for injuries suffered in Michigan assisted living facility are similar to nursing home neglect lawsuits; however there are some important differences based upon the types of regulations and oversight between those two types of facilities. Our experienced assisted living facility injury lawyers have a thorough understanding of those differences and can assist you if a loved one suffered injury due to negligence in one of those facilities.
In Michigan, all cases involving allegations against a medical provider that allege professional negligence are subject to the medical malpractice caps on damages that limit the amount of money a jury can award a patient in a malpractice lawsuit. The amount of the cap is determined by the extent of the injury.
In 2012, the lower cap limit is $424,800 and the higher cap limit is $758,500. These limits on damages do not include the economic loss damages, such as lost wages, loss of earnings, medical expenses, educational expenses, and attendant care service expenses. Economic losses are not bound by any damage caps.
For Michigan nursing home lawsuits alleging abuse or neglect, the caps on damages apply in circumstances where medical negligence is alleged or the injury is due to some type of medical judgment by the nursing home, physician, or skilled nursing staff. There are some circumstances in which the resident is injured from some other type of negligence, like food poisoning, scalding water burn injuries, and other injuries that do not constitute medical malpractice and are therefore not subject to any damage limits. There are also cases in which the negligence was committed by a non-licensed medical professional, like a CNA, and damage limits do not apply to many of those cases.
Yes, you can file a lawsuit if your mother died from a urinary tract infection in a Michigan nursing home due to neglect. If your mother’s death is attributed from the result of her infection, and the nursing home physicians and staff failed to properly prevent, treat or diagnose your mother with the condition, then you do have means to file a wrongful death lawsuit. The Michigan nursing home in which your mother had resided at should have been properly trained to treat residents with urinary tract infections, particularly because these infections are quite common in geriatric patients. In fact, statistics show that the incidence of these infections in hospitals and nursing homes is greater than one million cases each year.
Our Michigan nursing home neglect attorneys specialize in these types of cases, with a track record of obtaining sizeable settlements for families of victims of nursing home neglect. Filing this type of lawsuit will not only help a family fight for the justice of their loved one, but will also make the nursing facility aware of the issue and hopefully help prevent death and injury to other nursing home residents residing there.
Yes, a urinary tract infection (UTI) may be a sign of nursing home neglect if the nursing home physicians and staff fail to recognize or treat a patient who suffers from a UTI. Often times, when a nursing home patient is diagnosed with the infection, they are placed on a regiment of medications until the infection clears, sometimes becoming hospitalized until the condition resolves.
However, if the Michigan nursing home fails to timely diagnose the condition and treatment is not given or given too late due to that failure, or they were not active in preventing the infection, the results can be devastating. Therefore, when a patient is not properly treated for a urinary tract infection and suffers serious harm, or even death, nursing home neglect has taken place and it can give rise to a Michigan nursing home negligence lawsuit.
The best law firm for Michigan nursing home neglect & abuse cases is one that has a team of experienced nursing home lawyers, who not only specialize in these types of cases but have a very clear understanding of Michigan law and the legal process of filing a lawsuit against a nursing home and/or assisted living facility. A good way to start when searching for the best law firm for Michigan nursing home neglect & abuse cases is to ask the attorney you plan on hiring the following questions. If they are the best law firm for Michigan nursing home neglect & abuse cases, they should be able to easily answer these questions for you. These vital questions include:
- What percentage of your practice is devoted to nursing home injury claims?
- Have you ever written any books or reports on nursing home abuse cases?
- Do you have a website with information on different types of nursing home neglect cases?
- Have you ever taken a nursing home neglect & abuse case to trial and won a verdict for your injured client?
- How many years of experience have you had in the practice area of nursing home neglect and what kinds of settlements have you received for your clients in Michigan nursing home abuse cases?
Law does set a cap on damages for a nursing home lawsuit in Michigan. This year, the lower cap limit was determined to be at $455,200, and the higher cap limit at $774,000. These limits on damages do not include the economic loss damages, such as lost wages, loss of earnings, medical expenses, educational expenses, and attendant care service expenses. These “economic” losses can be added to the damage cap limits.
For Michigan nursing home lawsuits alleging abuse or neglect, the caps on damages apply in circumstances where medical negligence is alleged or the injury is due to some type of medical judgment by the nursing home, physician, or skilled nursing staff. There are some circumstances in which the resident is injured from some other type of negligence, like food poisoning, scalding water burn injuries, and other injuries that do not constitute medical malpractice and are therefore not subject to any damage limits. There are also cases in which the negligence was committed by a non-licensed medical professional, like a CNA, and damage limits do not apply to many of those cases as well.
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