Personal Injury Law
Nursing Home Negligence
Personal Injury Law
Nursing Home Negligence Lawyer
When you leave your loved one at a professionally run nursing home, you are hoping that they receive the best medical care and attention as promised. However, things might not go as you planned. In some cases, not only might the institution fail to live up to your expectations, but their negligence and poor quality of medical care might seriously put the health of your loved one in danger.
If you are dealing with such a case of nursing home negligence, get in touch with our experienced medical malpractice lawyer immediately to decide on your next course of action. Our experienced medical malpractice lawyers will ensure that your loved one’s rights are protected and that they receive justice for the ill treatment they endured. If you cannot afford a lawyer, take advantage of our ‘No Win, No Fee’ policy and call us today for a free consultation.
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What are some examples of nursing home negligence?
While the circumstances of each case might be different, some of the common examples of nursing home negligence are:
- Poor supervision leading to falls and injuries.
- Unnecessary use of restraints.
- Abuse, which can be physical, emotional, or sexual in nature.
- Errors in medication and dosage.
- Poor standards of care leading to malnutrition or dehydration.
- Financial fraud.
What are some of the reasons for nursing home negligence?
Any of the following reasons might have led to the poor standard of care at the nursing home:
- Lack of resources such as enough rooms, beds or medical equipment.
- Poor funding.
- Staffing shortages.
- Poor training of the staff.
- Wilful abuse.
- Neglect.
What are the signs to watch out for in such cases?
It is important to identify such negligence early on before any serious, irreparable damage has occurred. You need to take immediate action if you notice any of the following.
Keep an eye out for any physical signs
- Any sudden or unexplained bruises or injuries.
- Significant weight loss, malnutrition, or dehydration.
- Any sudden drop in personal hygiene. For example, wearing dirty clothing, unkempt hair, or an unmade bed.
- Bedsores.
Emotional or behavioural changes
- Unexplained fear of the staff at the facility.
- Depression.
- Any sudden and noticeable change in their normal behaviour.
Look for any indicators at the facility
- Poor standard of the facilities.
- Delay in arranging treatment.
- Errors in treatment or medication.
What to do in case of nursing home negligence?
The effect of negligence on each person may be different. If the victim is old, frail, chronically ill, and dependent on others for even their daily activities, they will be severely affected by even minor neglect or abuse. On the other hand, if, despite their age, the victim was healthy enough to handle their own affairs, they could immediately report the matter to the authorities at the first instance. At any rate, in case of a nursing home negligence, you can pursue one of the following options.
Filing an internal complaint
- Approach the management: If the management is unaware of the issues happening at the retirement home, you can try approaching them to intervene in the matter. If there are other such nursing homes owned by the same proprietor in your province, find out about the standard of care followed there.
- Approach the regulatory body: Another option is to file your complaint with the appropriate authorities at the provincial level. For example, in Ontario, you may file your complaint with the Ministry of Long-Term Care.
Negotiate and mediate through your lawyer
You may also come to a settlement with the organization for compensation as well as corrective action to ensure that such neglect and abuse will not happen again in the future. Your lawyer will facilitate the negotiations on your behalf.
Legal Action
Following the advice of your lawyer, you can also take legal action against the retirement home, especially in the case of wrongful death. However, you must prove in court the negligence committed by the nursing home.
What are the essential elements of a nursing home negligence lawsuit?
You must meet the same burden of proof applicable in any medical negligence case. Your claim must meet the following legal requirements.
Duty of care
Duty of care is the legal term referring to the obligations the defendant has to the plaintiff. In a nursing home, these will be:
- The obligation to provide medical care and attention.
- The responsibility to ensure a safe and hygienic environment.
- The duty to provide personal assistance to chronically ill and elderly patients who are dependent on the staff.
Standard of care
Standard of care refers to what an average, prudent, reasonable, and trained medical professional or institution would do under similar circumstances. This offers a standard or benchmark to compare with.
Breach of the duty of care
This refers to the failure of the institution or the staff working there to meet the standard of care. This means that they did not fulfill their obligation of medical care and assistance towards the plaintiff.
Causation
You must prove that the victim suffered these damages because of the failure of the defendant to meet the standard of care expected from them. Without establishing the causation, you do not have a valid personal injury claim.
Damages
The victim must have suffered significant damages, which can be physical injuries, emotional distress, or financial loss incurred in medical expenses. Canadian law allows the victim to claim full reimbursement for the expenses incurred and damages up to a threshold for the pain and suffering and emotional distress they endured.
How can a medical malpractice lawyer help you?
A lawyer who has dealt with such nursing home negligence cases will be able to properly advise and guide you in obtaining justice for your family member. Their knowledge and experience will help you in the following areas.
Investigating the case and gathering evidence
In any medical malpractice case, the testimonies from medical experts will be vital to prove the negligence of the healthcare professional or the institution putting the health of your loved one at risk. This might be harder to prove in the case of a retirement home negligence involving emotional or mental abuse. Your lawyer will know how to build a case by gathering the witness statements and hospital records and consulting experts in the medical field to support your claim.
Identifying the validity of your claim under the applicable federal and provincial laws
There are various laws at the federal and provincial levels governing the functioning of nursing homes and the welfare of their residents. Some of the common examples are the Residents’ Bill of Rights, the Long-Term Care Homes Act in Ontario, and the Canada Health Act. Your lawyer will identify the relevant violations applicable in your case and fight for justice on your behalf.
Negotiating a settlement
In some cases, the defendants might agree to settle the matter out of court in order to avoid protracted and expensive legal proceedings and the negative publicity that a lawsuit could lead to. Let your lawyer handle the negotiations with the defendant’s lawyers and their insurance providers.
Obtaining legally binding assurances in case of a settlement
If the matter is to be settled out of court, it is crucial to obtain written and legally binding assurances from the nursing home on the steps they will be taking to rectify the issues so that the other residents there will not suffer the same treatment.
Lawsuit and legal representation
However, if the matter is not resolved through negotiations, you may have no choice but to hold them accountable before the law, especially in a wrongful death case. Your lawyer will represent you in court and ensure that your claim of negligence is proven in court.
If you are planning to file a negligence claim against a nursing home, get in touch with our personal injury lawyers for legal guidance and assistance. Reach out to our legal team today to schedule a consultation.
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Frequently Asked Questions
Is the statute of limitations applicable to retirement home lawsuits?
Yes. The statute of limitations for nursing home or retirement home lawsuits is generally 2 years. However, this will vary across provinces. For example, while the statute of limitations is 2 years in Ontario, it is 3 years in Quebec. It is best to consult a knowledgeable personal injury lawyer to make sure that you do not miss any legal deadlines.
Who can file the nursing home negligence claim on behalf of the victim?
- The victims themselves, if they are healthy enough, initiate the legal proceedings through a lawyer.
- An immediate family member, if the victim is not medically fit enough to represent themselves.
- The victim’s estate in the event of a wrongful death.
- The power-of-attorney holder if the victim is incapacitated because of poor health or advanced age.
What is the difference between negligence and malpractice?
Negligence is a broad legal term referring to the failure of the defendant to meet the standard of the duty of care expected from them, leading to the injury or wrongful death of the victim. Malpractice refers to a specific type of negligence applicable in the case of a profession such as medicine or law. For example, medical malpractice refers to the failure of a medical professional to meet the standard of duty of care, resulting in the injury or wrongful death of the victim.
What are the main elements in proving a medical malpractice claim?
- Duty of Care
- Standard of Care
- Breach
- Causation
Without establishing the direct link between the actions of the defendants or their failure to act to prevent the victim’s injuries or wrongful death, you do not have a valid personal injury claim. If you have a valid case, you can rely on our experienced personal injury lawyers to gather the necessary evidence and meet the burden of proof required by law to prove your claim in court.
Who can be held liable for a nursing home negligence suit?
Depending on the particular details of your case, you may hold any or all of the following parties liable in a nursing home negligence case.
- The institution, represented by its owners or the management, is ultimately responsible for the hiring and training of the staff and for maintaining the safety standards at the retirement home.
- The medical staff, such as the doctors or nurses, who are in charge of the medical care.
- The other staff members, such as orderlies, administrative staff, therapists, and technicians at the facility.
- Any third parties, such as the other patients or visitors, whose actions caused injury to the victim.
