It gets harder for elderly loved ones to move around as they age. Ideally, however, nursing home staff members should help your loved one benefit from consistent, reasonable movement on a daily basis. Nursing homes that neglect your loved ones’ need for physical attention can facilitate the development of dangerous health conditions.
Bedsores that impact nursing home residents can indicate institution-wide negligence. You can collaborate with a Smithtown bedsore lawyer to take legal action against a nursing home that you believe has neglected your loved ones’ need for reasonable care. You can contact our law office at Dalli & Marino, LLP, today to learn more about your right to a civil lawsuit.
The Stages of Bedsore Development
There are four stages in which a person can develop bedsores. In the first stage of development, bedsores resemble reddened skin rubbed raw by immobility. Over time, and with a lack of attention, these bedsores can deepen. Over time, these open wounds can put the patient at risk for infection.
The third and fourth stages of bedsore development see patients begin to expose muscle and eventually bone to outside sources. This severe condition can be fatal, particularly for elderly patients contending with immobility.
Bedsores of any degree of severity indicate negligence in a nursing home. The longer your loved one goes without attention, the worse these bedsores can become. You can, however, work with medical professionals to assess the severity of your loved ones’ bedsores. You can then present that assessment to a civil court as evidence of mistreatment.
Personal Executors Act on Your Loved One’s Behalf
Speaking of presenting bedsores as evidence: before you take a loved one’s bedsore case to court, you need to make sure that you can act on their behalf. Local civil courts dictate that only a loved one’s personal executor may take civil action on their behalf.
If your loved one has not assigned a personal executor at the time their condition develops, they can work with an attorney to transfer this power accordingly. Alternatively, if your loved one is not in the position to establish a personal executor, they may have one assigned by the state.
Should you find yourself concerned about your loved one’s assignment of personal executive responsibilities, you can contact our office. We can discuss how you can advocate for your loved one’s right to action in court.
Establishing Nursing Home Negligence in Smithtown
You should also prepare to bring and pull evidence of negligence forward in court if you want to hold the appropriate parties accountable for your loved one’s bedsores. This means that you need to determine who owed a duty of care to your loved one. Similarly, you must establish how that duty of care was violated.
If your loved one is under the care of medical professionals or nursing home staff when their bedsores develop, you don’t hold those individuals accountable for your loved one’s losses. Instead, provided that these parties are protected by their employers, you can name an entire institution liable for your loved one’s mistreatment.
Before you do so, however, you must present evidence suggesting that said negligence occurred. While physical evidence in the form of bedsores is often proof enough of negligence, you should also be prepared to seek out bystander statements, footage of mistreatment, and expert testimony.
Evidence Benefits Your Smithtown Bedsores Case
The evidence you bring forward helps you defend your right to more than just civil action. You can also use this evidence to demand compensation for your loved one’s mistreatment. When representing a loved one, you can calculate the value of their overall losses and make sure that the appropriate compensation gets into their hands.
In cases involving bedsores and nursing home negligence, related compensation can include:
- Essential medical expenses tied to your loved one’s recovery
- Long-term impacts on your loved one’s health
You can also request damages for non-economic losses, including your loved one’s pain and suffering. If the bedsores your loved one suffers results in their untimely passing, you can pursue justice via a wrongful death claim. The party liable for your losses may also be required to help you pay for funeral expenses and related costs.
Settlement Offers in New York Bedsore Cases
There is a chance that the party liable for your loved one’s bedsores may recognize your right to civil action and their subsequently-violated duty of care. In these cases, a nursing home or medical institution may offer you a settlement in return for time not spent in court.
You need to assess the value of a settlement offer against your own estimate of your loved one’s case’s value. You can do this with the help of a bedsore lawyer in Smithtown. Our team can calculate the value of your bills and related non-economic multipliers to make sure that an applicable insurance company values your case appropriately.
Your Bedsore Case’s Statute of Limitations in New York
You have a limited amount of time to bring a bedsore case to the attention of the civil courts in Smithtown. Specifically, these cases can be classified as personal injury cases. As such, you must abide by the personal injury statute of limitations set within New York.
This means that you have three years to bring your loved one’s case forward upon your approved representation. Failure to present your case within this period can see your loved one lose the right to pursue compensation, regardless of the proof of negligence you have on hand.
Fortunately, Smithtown bedsore attorneys know how to work within a tight deadline. You can bring us your case at any point within this period, and we can explore your avenues to compensation. You can also contact us if you suspect your period has passed. At that point, we can explore other ways to potentially get your loved one the justice they deserve.
Reach Out to a Smithtown, New York Bedsore Lawyer Today
Bedsores are a symptom of physical abuse at the hands of nursing home staff members. If you visit your loved one and discover bedsores at any stage of development, get your loved one medical attention as soon as possible. You can also contact a bedsore lawyer in Smithtown to discuss what legal rights your loved one may have in the wake of this negligence.
Dalli & Marino, LLP, specializes in providing elders and their loved ones with the tools they need to pursue civil action. If you’re ready to hold a nursing home accountable for your loved ones’ bedsores, contact our team at (888) 465-8790. We can discuss your case over the phone or through our contact form.
We also speak Spanish.
