Nursing neglect can leave a victim with severe, life-threatening injuries. The types of compensation that can be sought in a nursing neglect lawsuit could include both economic and non-economic losses. For example, you can seek financial recovery for your medical bills and pain and suffering. If you lost a loved one due to their injuries, you could recover those same losses in a wrongful death claim as well as funeral and burial expenses and lost financial support.
Also, various types of nursing neglect can render multiple parties liable for a victim’s injuries. You may be able to file an insurance claim or a personal injury lawsuit to seek awards that can help you access the medical care you or your loved one needs. There are many variables in these cases, but a Columbus nursing neglect lawyer can help your family with legal action to collect compensation.
You Can Seek Medical Expenses From a Nursing Neglect Lawsuit
Whether you underwent surgery or another medical procedure, if you suffered nursing neglect, you could be left with new injuries, as well as complications from a failure to treat your original ailment. You will likely require additional medical intervention to address both issues, and you don’t deserve to foot the bill for it.
In your nursing neglect lawsuit, you could demand compensation for both your current and future medical expenses, such as:
- The services of medical specialists
- Medical devices
- In-home aid
- Rehabilitative therapies
A medical malpractice lawyer can use your previous medical records, as well as your current medical prognosis and records, to substantiate your legal claim for compensation. They can also use expert witness testimony, such as your doctor’s, to support your case for compensation.
You Can Seek Lost Income and Reduced Earning Capacity in a Nursing Neglect Lawsuit
Along with medical expenses, you may have missed work due to your new injuries. A personal injury attorney can seek awards for lost income, including benefits, paid time off, and missed bonuses. If you cannot return to work or earn your pre-injury income, you can also pursue awards for reduced earning capacity. Your wage statements and medical assessment can serve as evidence of these losses.
You Can Seek Non-Economic Losses in a Nursing Neglect Lawsuit
Your physical pain and emotional suffering after nursing neglect can also warrant compensation. Non-economic damages could also include disfigurement or loss of a bodily function. It can be difficult to assess non-economic losses like these, but a lawyer can assign a monetary value to these damages and seek a fair settlement.
What Constitutes Nursing Neglect?
Just like any other medical professional, nurses in any medical capacity have a responsibility to provide a standard of care. When they deviate from this standard, and injuries result, they can be held accountable for malpractice.
A lawyer’s job would be to demonstrate that another reasonable medical professional in their place would have treated the patient differently under the same circumstances to avoid injury. Additionally, the medical institution that the negligent nurse worked for may also bear vicarious liability in a case. For example, a study from the Journal of Advanced Nursing found that understaffing leads to safety issues.
Take a look at some of the places where nursing neglect can occur.
Where Does Nursing Neglect Occur?
You may have suffered injuries due to negligent nursing in the following medical settings:
- Rehabilitation centers
- Assisted living facilities
- Dental and orthodontic offices
- In-home nurse
How Does Nursing Negligence Occur?
Neglect can occur at any point in the nurse’s duties, such as:
- Administering the wrong medication or the wrong dosage
- Failing to review the patient’s medical history
- Not updating the patient’s medical records
- Failing to communicate changes with the doctors
A medical malpractice attorney can evaluate the circumstances of your case, and with the assistance of an expert witness, they can determine the negligent action, or inaction, that led to your injuries.
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How a Nursing Neglect Attorney Can Help
Any type of personal injury lawsuit can easily become complex. You don’t have to deal with a case alone, though. You have the right to hire an attorney, even if you are just filing an insurance company claim.
A law firm can help by:
- Investigating your injury and identifying the liable party
- Gathering evidence that the standard of care was not provided
- Handling all the necessary paperwork
- Communicating with the liable parties, their insurers, and their representatives
- Negotiating for a fair settlement
- Representing you in a trial
Not all medical malpractice lawsuits make it to trial. Some settle before that, saving time and money on court fees. Regardless, a lawyer can advocate for your best interests in and out of court.
The Four Elements of Nursing Neglect
To win a medical malpractice case, you and your lawyer will need to prove the four elements of negligence. They include:
- Duty of Care: Nurses have a responsibility to act in a way that will not harm their patients, also referred to as a standard of care.
- Breach of Duty: The breach is when the nurse deviates from that standard of care. It’s not enough that the patient is injured. It must be demonstrated that the nurse’s behavior is inconsistent with accepted practices and norms.
- Causation: Next, a connection must be made between the nurse’s actions and the patient’s injuries.
- Damages: Finally, the patient must show that they suffered physical, emotional, and financial damages because of the negligence.
You Can Hire a Nursing Neglect Lawyer on Contingency
When facing mounting medical bills due to nursing neglect, it’s understandable to worry about how you will afford legal representation. You should know that some personal injury law firms take such cases on contingency. Instead of charging you upfront fees or hourly rates to start your case, they simply take a percentage of your settlement or court award at the close of the case.
This agreement allows victims to access legal care without risking additional financial loss. It also gives them peace of mind, knowing that their lawyers are working hard on their personal injury claims.
Work With The Fitch Law Firm LLC for Help With Your Nursing Neglect Lawsuit
You expect medical professionals and institutions to provide the appropriate care when treating your injuries, not cause new ones. If you suffered due to a negligent nurse, The Fitch Law Firm LLC wants to help you fight for fair compensation.
Contact us today for a free initial consultation. Our personal injury lawyers can explore your options for seeking financial compensation and explain more about how our legal team can help.
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