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Minnesota Nursing Home Abuse Lawyer

The move to a nursing is not easy for anyone, and it’s often one of the hardest decisions a family has to make. When the time comes for our elders to move to a nursing home, we need to know that they’re in good hands. We want both to meet both their psychological and medical needs. There are so many things we go through – questions, referrals, and even research of the various facilities – to help our loved one find a safe place and receive care.

Getting a phone call about a nursing home injury is upsetting. Nursing homes exist to provide a safe, clean and healthy environment for your family members. Safety is touted as the top priority in most homes, and it’s upsetting to learn that your family member was hurt, anyway.

Who is at Fault for a Nursing Home Injury?

If you believe that the nursing home is at fault for your loved one’s injury or illness, you’re not alone. Unfortunately, millions of elderly fall victim to some form of neglect every year. Even worse, some of these injuries are actually caused by abuse and malice – an investigation by state agencies will rule this out. Many instances of neglect-related injuries and illnesses occur in the nursing home setting.

One example of an easily avoided nursing home injury is bedsores. Elderly patients who aren’t very mobile are sometimes left in bed by staff as others needs are attended to. After hours or days of staying in the same position, this causes the frail skin to break down, and sometimes become infected, due to the friction or pressure on their skin. Complications can also form at the site of the injury, often called a “pressure sore” – especially in frail patients who also suffer from endocrine disorders such as diabetes or thyroid disorders. For some unlucky patients, this can even lead to amputations, causing a serious decrease in quality of life.

Facilities that don’t have enough staff or experienced staff can do a poor job keeping up with the hygiene of residents. Other injuries and illnesses that can easily be avoided by providing adequate staff are falls that can cause permanent, disabling injuries.  Patients that suffer from Alzheimer’s or dementia are notorious for getting “lost” and wandering. Without proper monitoring or supervision, a patient can place them in a hazardous situation, such as a stairwell – or even moving traffic, causing a serious and devastating injury.

These types of injuries can, and should, be prevented in a professional nursing home setting. If your loved one suffers this way, there’s often a reason – and that reason is often human neglect or error. If that’s the case, it’s important to hold the nursing home responsible so this type of injury cannot happen again.

Sometimes, other outside parties may also play a part in the injury. If there is faulty equipment or a contractor such as a nurse makes a bad decision about medical treatment, then an attorney will work to hold them responsible as well.

Is the Nursing Home Responsible for the Injury?

The nursing home’s job is meeting their resident’s needs on a daily basis. When an injury happens due to their fault or neglect, they have failed in their duty.

Many, if not most, of serious nursing illnesses and injuries are the result of neglect of duties on the behalf of the nursing home. Many of these injuries can cost a family a lot of time, money and worry. This is not just in terms of medical bills. If the injury is severe, your family may have to move your loved one to a new nursing home. This includes costs for moving services, physical therapy, and medical equipment. You may have to take time off from work to take your loved one to the hospital and arrange for an afternoon babysitter. These expenses grow rather quickly, and it helps if you save receipts for them.

So who will pay for all of this?

While insurance and services such as Medicare can usually cover some of the costs, your family deserves compensation for expenses that aren’t covered by these services. When a loved one suffers an injury in a nursing home due to abuse or neglect by staff members, you have the right to seek compensation.

If appropriate, the law allows your lawyer to hold other providers, such as nurses or contractors, responsible as well. The best way to decide who is responsible is to speak with a competent attorney who can assess your case.

What Does the Law Say About Nursing Home Injuries?

Minnesota laws regarding nursing homes are covered in The Patient’s Bill of Rights. It is illegal for a nursing home to violate any of these rights – some are state laws, while other are federal laws. Minnesota takes nursing home illnesses and injuries seriously. In order to make sure that you have covered all of your bases, first report the injury to the state so authorities can investigate.

Report injuries to the Minnesota Adult Abuse and Reporting Center by calling 844-880-1574.

Minnesota law states specific requirements for nursing home facilities, such as providing basic care. Some of the services covered under basic care include hygiene, medication, and assistance with bathroom needs. Another important service nursing home must legally provide is 24-hour nursing care.

Do you want to find out more information on getting justice for a personal injury? Don’t delay taking action. Please contact us and speak with an experienced attorney who can help you get started.