We trust nursing homes to take care of the most vulnerable members of our families. When these facilities abuse that trust, it’s important that they be held accountable. In some cases, nursing home abuse can be a form of medical malpractice. To learn whether your family has a nursing home abuse medical malpractice claim, contact Salvi, Schostok & Pritchard, P.C. right away.
Our medical malpractice attorneys can review your case for free and answer all your questions. We are prepared to work quickly to protect your loved one from further harm.
How to Prove a Medical Malpractice Case
There are four components to prove in a medical malpractice claim:
- There was an existing healthcare relationship between the patient and the doctor, nurse, etc. Facility records will help show the relationship between the nursing home resident and the healthcare provider.
- The actions of the doctor, nurse, or other healthcare professional were negligent. To show negligence in medical malpractice cases, you have to demonstrate that the healthcare provider’s actions did not meet the “medical standard of care.” To meet this standard, the treatment ordered by a provider must be in line with what another provider with similar training and experience would have ordered under similar circumstances. If a provider’s actions do not meet this standard, the provider can be held liable for negligence.
- The provider’s negligent actions led to your loved one’s injuries. This is often a contentious point in medical malpractice cases. You must show that the provider’s specific actions (or failure to act) led to the patient’s injuries. The defense may argue that another underlying ailment was to blame.
- Your loved one’s injuries must be measurable. Our attorneys can help you document the full extent of your loved one’s losses.
Our medical malpractice lawyers have the experience and the resources to handle even the most complex nursing home cases. We have access to top experts who will examine the patient and their injuries. We will subpoena medical records and other documents from the nursing home. We will also interview witnesses at the facility. Ultimately, we will conduct a thorough investigation to build a strong case for justice for your loved one.
When Is Nursing Home Abuse Also Medical Malpractice?
While nursing home abuse can take many forms — physical, financial, emotional, etc. — medical malpractice centers on the medical care the patient receives. When errors are made in a nursing home resident’s medical care, the family should ask detailed questions. In cases of elder neglect, medical needs may be ignored by the patient’s healthcare provider. You should always speak with a nursing home neglect and abuse lawyer if you suspect your loved one is the victim of unacceptable medical care.
Examples of Medical Malpractice Elder Abuse
Medical malpractice can take many forms in a nursing home facility. Some common examples of medical malpractice at nursing homes include:
- Prescription drug errors, such as patients being prescribed the wrong medication or the wrong dosage
- Infections from staff using unsanitary equipment or treating patients in dirty work environments
- Missed diagnoses in patients who are being neglected by their medical providers
- Patients becoming malnourished or dehydrated due to a lack of attention or proper treatment
- Patients getting bedsores or pressure sores from poor medical care
How Our Chicago Medical Malpractice Attorney Can Help
Medical malpractice cases are complex legal matters that require specific knowledge and resources to handle. Here’s how our lawyers can help with your claim:
- We will thoroughly investigate your claim to establish fault. We can subpoena records from the nursing home, interview staff and other witnesses, have expert witnesses testify about the patient’s injuries and the standard of care that was broken, etc.
- We will handle all communication between you, the nursing home, and its representatives. Your family should not talk directly to the nursing home, the insurance adjuster, the facility’s lawyer, or other parties involved in the claim. Our attorneys will manage all your legal communication needs.
- We will aggressively fight for full compensation. We will document and demonstrate the full extent of your family’s losses, including future anticipated losses related to the malpractice. If a fair malpractice settlement cannot be reached, our team will be prepared to take your case to trial to demand justice.
Seeking Damages in a Nursing Home Abuse Case
Here are some of the types of compensation your family can seek in a nursing home medical malpractice claim:
- Past medical expenses (doctor’s visits, surgeries, rehabilitative therapy, prescription drugs, etc.)
- Future medical care if necessary
- Physical pain and suffering
- Mental anguish
- Wrongful death losses
Contact Our Medical Malpractice Elder Abuse Attorneys Today
A medical malpractice claim can help your family find answers and demand justice from a negligent nursing home. At Salvi, Schostok & Pritchard, P.C., our attorneys have helped recover millions of dollars in compensation for our deserving clients. We want to help you however we can. Contact us now for your free initial consultation.