Nursing Home/Long-Term Care Negligence Lawyers
It’s a difficult decision to move a loved one into a Nursing or Long-Term Care Home, or to have to hire in-home caregivers. However, as average life expectancy increases, elderly care providers are being used more and more, both in either private or public Nursing or Long-Term Care homes or Centres, as well as in private homes, often at great financial cost.
Elder caregivers and the care homes and businesses that employ them owe a duty of care to the senior(s) they care for and a failure to meet that standard of care can result in a caregiver and/or care home being found to be negligent in carrying out their duties. There are many examples of caregiver negligence, including the following:
- Physical Abuse
- Unsafe Premises
- Failure to Follow Safety Systems
- Failure to Have Adequate Safety Systems in Place
- Failure to Provide Adequate Nutrition
- Failure to Provide Proper Medication/Medical Care
- Lack of Proper Staff Training
- Lack of Proper Staff or Patient Supervision
Indications of Negligent Care
Sometimes an elder is unable to communicate negligence to their loved ones due to age or illness and may be under a committeeship. In these circumstances it ends up being the loved ones who need to be on the lookout for signs of negligence. Common indicators of negligent elder care to look out for are:
- Unexpected Weight Loss
- Unsanitary Hygiene or Living Conditions
- Unsafe Living Conditions
- Bed Sores
What To Do If You Suspect Negligence?
If you suspect a loved one is not being treated properly and there has been nursing home/caregiver negligence you need to document as much as you can. This means taking photos and videos of any issues you see, as well as getting names and contact information for any witnesses who can give evidence to support your claim. It’s often helpful to bring an independent witness with you to visit your loved one who will back up your claim.
You should also speak to your loved one’s doctor and report any concerns to the facility in which they are homed, or the company from which you hired a private nurse/caregiver. Don’t let communication be over the telephone, have everything in writing. If they refuse to communicate in writing, then follow up each telephone call with an email confirming what was said by each party. This can be invaluable for your loved one’s claim.
It can be difficult pursuing justice in cases like these as often the senior(s) who have suffered from the negligence of others are not able to advocate for themselves. Other times an individual’s rights may be limited by contracts. It is important to act fast if you suspect someone you care about is being subjected to negligent care. The lawyers at Taylor & Blair LLP have experience with understanding complex medical histories and the personal needs of elderly clients, and we can bring comprehensive claims against individuals and institutions that have provided negligent care.
If you or a loved one has been injured due to the negligence of a care provider, contact the lawyers at Taylor & Blair LLP today for help.
What Compensation Is Available For Nursing Home / Long-Term Care Negligence?
Because the facts and circumstances surrounding each case are different, each case is unique and requires careful handling and expert examination. As some of the most experienced personal injury lawyers in Vancouver, we have over 30 years of experience handling all kinds of injuries ranging from minor whiplash cases to serious brain injuries. What each case is worth and what compensation you’re entitled to depends on the specific facts of the case. However, generally speaking in personal injury claims you can seek compensation (also called damages) for:
- Pain and suffering (or non-pecuniary damages)
- Past loss of Income
- Future loss of income
- Loss of capacity to earn income
- Loss of homemaking capacity
- Cost of future care
- Out of pocket medical expenses (or special damages)
- In-trust claims