Can You Sue for Nursing Home Injuries When Your Loved One Has Dementia?

As a personal injury lawyer in New York, I’ve dealt with a lot of instances involving people who were injured while being cared for in nursing homes. Families frequently wonder whether they can file a lawsuit against a nursing home if a loved one has dementia and is unable to explain how they were injured. This is a common worry when it comes to taking legal action. We will look at this complicated problem in this blog article, illustrating your legal choices in such a difficult circumstance.

Understanding the Duty of Care

Nursing homes have a responsibility to provide for the safety and security of their its residents. Regardless of their physical or mental health, all residents are subject to this obligation. As a result, even if your loved one has dementia and is unable to express the specifics of their injury, the nursing home is still required to ensure their safety.

Proving Negligence

You must show that a nursing home violated their duty of care and that this breach caused your loved one’s injuries in order to build a personal injury claim against them. Due to the lack of direct evidence from the harmed person (loved one), demonstrating negligence in cases involving dementia patients might be more difficult. Negligence can, however, manifest itself in a variety of ways, including:

Inadequate Staffing: To adequately care for and supervise residents, nursing homes must have a sufficient number of staff members. Accidents and injuries may result from insufficient staffing levels.

Poor Training: Staff members who have not had enough training may be unable to adequately care for residents who have dementia, which could result in accidents.

Substandard Care: It may be considered negligence if your loved one suffered harm as a result of subpar care, such as mistakes with medicine or a failure to attend to their fundamental requirements.

Hazardous Conditions: Nursing homes are accountable for maintaining a safe environment. If your loved one suffered harm as a result of risky conditions existing in the facility, the nursing home may be held accountable. This could include water/liquid on the floor, crack in a floor tile, or falling debris.

Gathering Evidence: The need of obtaining evidence increases when your loved one is unable to give a personal account of the incident. You can take the following actions to support your case:

Obtain your loved one’s medical records so that you can learn more about their injuries and treatment they got. A lawyer could handle this for you.

Witness Statements: Obtain the accounts of any other residents, employees, or visitors who may have seen the incident or seen any harmful circumstances inside the nursing facility.

Expert Witnesses: Medical and nursing home professionals who can testify about the standard of care and if it was violated should be consulted. Once again, a personal injury lawyer usually has access to these professionals.

Surveillance Footage: Check to see whether the nursing facility has any surveillance footage that might have caught the incident. This can be done by sending a demand letter and/or preservation letter.

Consult an attorney: Get in touch with a personal injury lawyer who has handled cases of abuse and neglect in nursing homes. They can assist you in navigating the court system and gathering crucial proof. Our firm handles these cases and never charges a fee, and only gets paid if your loved one recovers money.

Conclusion

It might be difficult, but not impossible, to pursue a personal injury claim on behalf of a loved one who has dementia. Regardless of their cognitive state, nursing facilities have a duty to give all residents a safe environment. You might be entitled to compensation for your loved one’s injuries if negligence is shown to have occurred. Consult with a skilled personal injury lawyer who can help you navigate the legal system and help you pursue justice for your loved one to achieve the best outcome. Keep in mind that you don’t have to deal with this trying circumstance alone and that legal assistance is available to safeguard your loved one’s rights and welfare.