Addressing Bone Fractures in Nursing Home Abuse Cases: Giroux & Associates Can Help
In this article, a St. Petersburg attorney for nursing home neglect examines how bone fracture injuries are valued for purposes of settlement.
Proof Positive
A broken bone shows up clearly on an X-ray, unlike sprains, bruises and other injuries to muscles and tendons. This type of definitive medical evidence is key to demonstrating the severity of the injury and the degree to which the patient’s quality of life will be impacted as a result. Depending upon the patient’s age and condition, it may also shed light on why the bone broke and indicate whether or not negligence on the part of the nursing home played a role in the injury. This will almost certainly impact how the case is valued for settlement.
Valuation
Settlements may be negotiated by attorneys, but they are awarded by juries. Two of the most salient points in the valuation process are the degree to which negligence on the part of the nursing home contributed to or caused the injury, and the extent of the injury you or your loved one has suffered.
Role Of Negligence
There are many things that can cause residents of nursing homes to suffer bone fractures. Falls are among the most common. A slippery floor due to a spill or having just been mopped, a loose rug, cord or other trip hazard that is not readily visible, a restraining device improperly used or fastened or a loose grab bar that came away from the wall can all cause serious injury, and these are all maintenance issues for which a nursing home is responsible. Failure to provide timely assistance to a patient trying to get out of bed or transfer to a wheelchair, improperly medicating the patient or failing to monitor the patient’s medical condition are also instances of neglect on the part of the nursing home. All of these have a bearing on how the case is valued and the amount that may be awarded at settlement.
Extent of The Injury
There is also the matter of how severely the injury will impact the quality of the patient’s life in future. If you or your loved one will suffer ongoing pain, inflammation, a reduction in cognitive abilities or other long-term effects, you and your St. Petersburg nursing home abuse lawyer may be able to negotiate a higher settlement, especially if the nursing home is demonstrably at fault.
Seek Help From St. Petersburg Attorney for Nursing Home Neglect
If you or someone you love has suffered a bone fracture while residing in a nursing home, you should engage legal counsel immediately. Contact Giroux & Associates Inc., your St. Petersburg attorney for nursing home neglect, by calling (727) 895-5399 today.