When a family decides that it is time to put their loved one in a nursing home, they do so with the intention that their family member will receive the constant care and professional attention they need. While many assisted living facilities can provide this, careless caretakers can cause serious harm to residents.
If your elderly family member suffered broken bones in a Phoenix nursing home, you should contact a lawyer as soon as possible. While a fracture can be a mild inconvenience for younger people, older patients may face significant and long-term damage from such an injury. Such harm can result in an emergency hospital trip, ongoing medical treatment, and rehabilitation. Which, in addition to being painful and burdensome, can be costly. With the help of a compassionate nursing home abuse attorney, you could pursue financial compensation for these damages.
The most common way in which an older adult may break a bone is from a slip and fall incident. Since elderly residents rely on others for their mobility, they may suffer fractures if they trip, fall out of bed, slip in the shower while bathing, are dropped while being brought to or from a wheelchair, or fall while using a walker.
One of the most common forms of fractures that nursing home residents may sustain is a broken hip. It can be challenging for an elderly person, especially one already in a fragile state, to fully recover. The first step that an attorney may take is learning how the resident broke their bone and who was attending them at the time the accident occurred.
Under Arizona Revised Statutes §12-542, a plaintiff has two years from the date of the injury to file a claim in court. Any claim brought after the expiration of this deadline may not be heard after the defense brings a motion to dismiss. The sooner one reaches out to a lawyer after their loved one broke a bone at a Phoenix nursing home, the easier it may be to avoid missing this deadline.
In a broken bones nursing home case in Phoenix, the burden of proof falls on the plaintiff. If a claimant can prove that a defendant acted in some negligent manner, then they may be able to pursue damages for their injuries. Negligence is proven by showing that:
To prove a nursing home breached their duty of care, resulting in a patient suffering a broken bone, an attorney would need to gather evidence. This may include medical records, proof of residency, and witness statements.
After an incident as severe as a broken bone, you and your family member may be searching to hold those responsible for these injuries accountable. A lawyer could help do this if your loved one suffered broken bones in a Phoenix nursing home. Additionally, a legal representative could explain your legal rights and potential avenues for financial compensation. Call today and schedule your first consultation.