The staff at nursing homes in Babylon, NY owe a number of duties to the residents they serve, including providing skilled nursing care. Part of the responsibilities involved is the prevention of bedsores, also known as pressure ulcers. This means that staff usually have to change the position of immobile residents to avoid having pressure placed on one part of the body, as well as promptly changing the clothing of residents and cleaning them after potential episodes of incontinence.
There is a common misconception that bedsores are simply part of aging and becoming frail. On the contrary, bedsores are usually caused by a caretaker neglecting to meet the medical and hygienic needs of the resident. If your loved one has suffered bedsores in a nursing facility in Babylon, a Dalli & Marino, LLP Babylon bedsore attorney can help you understand the process of seeking compensation for the expenses and psychological impacts they have incurred as a result of the injury.
Seeking Compensation for Bedsores Caused By Neglect at a Babylon Nursing Home
There are a number of federal and state nursing home laws granting specific rights to nursing home patients across New York and the U.S. Among these rights is the right to be free from abuse and neglect. Neglect refers to the failure of the facility to meet the patient’s basic needs or the failure to provide adequate care to prevent the spread of infection and disease.
Bedsores occur when the supply of blood to a certain part of the body is cut off for two to three hours. The area where the ulcer occurs first appears red and painful, eventually turning purple. Untreated bedsores will cause the skin to break open and become infected. Infection is particularly common for incontinent residents, as one of the most important aspects of wound treatment is keeping the wound clean and dry.
Residents who suffer this injury, or those who have a medical power of attorney for the resident, can seek compensation for the expenses and psychological impacts that the resident may have experienced as a result of the neglect.
Who Is Liable For a Resident Getting Bedsores at a Babylon Nursing Home?
Liability refers to the legal responsibility one has for providing compensation if someone is harmed as a result of their negligence. It is easy to assume that, in the case of nursing home neglect, the staff members responsible for the neglect would also be responsible for compensating the victim who was harmed by their negligence. However, nursing home negligence claims are first filed against the insurance policy of the facility itself.
The managers of nursing home facilities are tasked with hiring the staff. They must ensure that there is an adequate amount of staff to meet the needs of the residents, and that the staff they hire has been properly screened, licensed, and trained for the position they serve. This means that when the staff neglects a resident, liability usually lies with the entity and not the individual staff member.
Generally, compensation is sought first through the facility’s liability insurance policy. If the insurance provider who services that policy fails to pay the claim or enter into a settlement agreement with the claimant, a personal injury lawsuit can be filed. In New York, personal injury claimants generally have three years from the date on which the injury occurred to file a lawsuit. This is known as the statute of limitations.
What Type of Compensation Is Available For Those Injured Because of Nursing Home Neglect?
When a nursing home resident suffers bedsores as a result of nursing home neglect, there can be both financial and emotional ramifications. The resident likely needs medical treatment of the wound, and perhaps even placement at a new facility that is able to manage their needs. Additionally, there can be psychological impacts of the injury, such as physical pain, suffering, or emotional distress.
Personal injury claimants in New York are able to seek compensation for both the expenses and the impacts of their injury, which are commonly referred to as economic and non-economic damages. In rare circumstances, a judge or jury can also award punitive damages to the claimant as a financial consequence of the defendant’s grossly reckless, negligent, or malicious behavior.
Contact a Bedsore Attorney in Babylon, NY Today
As one of New York’s most successful personal injury and nursing home abuse law firms, the legal team at Dalli & Marino, LLP works hard to make things right for our clients. Bedsore injuries can be life-altering for the elderly, but we have a proven track record for helping bedsore claim clients. We are here to help fiercely advocate and fight for you or your loved one’s rights.
Our Babylon bedsore lawyers can help you understand the personal injury claims process in greater detail. We can also tell you about the services we can provide to assist you with your claim, and provide more information about the ways that we can fight for you. Contact us online for your free case evaluation today, or by calling (888) 465-8790.
