When a loved one is in a nursing home, you want that person to be cared for like family. When records aren't kept or bad policies are followed, there's a risk that your loved one could be hurt like in this case.
A judge in New York has determined that he will allow a nursing home negligence case move forward. According to the Nov. 16 news, the Barnabas Rehabilitation and Continuing Care Center had sought to dismiss a case against it for failing to diagnose and treat a hematoma on an elderly patient's bicep. That condition later caused a number of complications along with compartment syndrome.
The lawsuit, which was filled by the elderly woman's daughter, states that the 80-year-old woman had objected but was still put through blood draws from her right arm several times over a 12-day period in both February and March to check into the healing status of her right amputated leg.
The interesting part of the case is that the records for the woman do not show that multiple blood draws were ordered or taken. That negligence is alleged to be the reason behind the development of the woman's hematoma. The nursing home also failed to record the advancement of the hematoma.
The case is meant to go to a jury, who is asked to decide if the patient's dignity, a right guaranteed by law, was violated as well as to identify if the woman became incontinent because of the complications related to the hematoma's development. If the woman wins this case, she can recover compensation of no less than 25 percent of the daily rate to stay at the nursing facility as well as the legal fees used to file and pursue the case.
Personal injury and medical malpractice cases can be difficult to work through alone, which is why speaking to a legal professional can be helpful. Your attorney may be able to help you file a claim and seek a settlement to avoid court.
Source: New York Law Journal, "Judge Allows Case Against Nursing Home to Go Forward," Joel Stashenko, Nov. 16, 2016