The attorneys at Jaroslawicz & Jaros have been representing New York patients and their families who have suffered injuries while confined to nursing homes for over 45 years.
Patients in hospitals and nursing homes entrust their lives to these facilities as well as with their well-being. Both hospitals and nursing homes are required by law to provide a safe and adequate level of care.
Some of the most common complaints are from patients who develop bed sores, or suffer a fall or other injury, while confined or being cared for in a hospital or nursing home.
Bedsores
Bedsores, also called “decubitus ulcers” or “pressure sores”, are something that should never happen, whether they were acquired in a hospital or nursing home setting. The Federal government has called hospital or nursing home acquired bedsores “Never Events”- which simply means that with proper care they should never happen.
When people have limited mobility, because they are elderly, injured or disabled, and they are unable to move and change positions on their own, then they are very susceptible to developing bedsores when confined to a bed in a hospital or nursing home facility. These patients need the care of others to prevent the development of bedsores. When patients are admitted to a nursing or rehabilitation facility they need to be properly evaluated for their skin integrity and for thier risk of developing bedsores.
Bedsores are caused by prolonged pressure on any area of the body that comes into continuous contact with the bed or other object. Therefore, bedsores commonly develop in the parts of the body such as the lower back area, the buttocks, the heels, elbows and shoulders.
However, most bedsores can be avoided by providing the patient with a special mattress, by turning and changing the patients’ position as often as every two (2) hours, by massaging and putting lotion or cream on the affected areas and with vigilant care and observation.
Bedsores are graded from a Stage I to IV, with Stage IV being the worst, as that means that the sore is down to the bone. Because untreated bedsores will steadily progress from a Stage I to a Stage II, III and the IV, it is vitally important that a Stage I be diagnosed as soon as it appears and properly treated so that it does not progress further. Once a bedsore becomes a Stage IV, and is now an open wound to the bone, patients will suffer infections that become very difficult to treat and even often cause the patient’s death as the infection spreads from the sore throughout the body. Permitting a bedsore to advance to a Stage IV also means that it will now require plastic surgery, or surgeries, to try to close the wound.
Unfortunately, in our experience we have found that because it seems that hospitals and nursing home facilities care more about their bottom line, and their profits, than about their patients, their patients often do not receive the level of care that they are entitled to. To increase their profits hospitals and nursing homes have reduced their staffs, increased the number of patients cared for by each staff member, and hired less qualified “nurses’ aides” rather than actual nurses to care for the patients.
Doctors who care for bedsores and are also supposed to avoid the development of a bed sore often visit nursing homes only once a week. Unfortunately, a bedsore can develop in just 24 hours to elderly patients with fragile skin. Then, even when these doctors issue orders for the proper care so as to avoid bedsores from developing their Orders are often just ignored and not followed by the nurses and aides.
I, unfortunately, saw all this first hand when my ninety-four (94) year old mother-in-law, who was in perfect health, fell and broke her hip and then died of an infected bed sore. Upon her admission to the nursing rehabilitation facility, after her surgery, the doctor who could actually order the special mattress she required, due to her immobility after her hip surgery, only visited the facility once a week and was not coming to see her for another five (5) days after her admission. As a result, she developed a sacral bed sore withing two (2) days that became infected and caused her untimely death.
One of the problems is that patients who are susceptible to developing bedsores are also patients that often cannot complain and protect themselves. In the cases we have handled we often hear about the “staff” refusing to let the family see the bedsores or photograph them and insist the family leave the room when they do treat the bedsore or wash the patient. The family is generally scared to complain as they are worried about possible retribution to the patient when they are not there.
When hospitals and nursing homes do not provide the proper level of care to, in the first instance, avoid the development of bedsores, and then to diagnose and treat them in a timely manner, this constitutes negligence or what is called “malpractice”. If you, or a loved one, suffered an injury as a result of receiving a level of care that was not up to the required standard then you are entitled to be compensated with monetary damages.
Falls
The lawyers at Jaroslawicz & Jaros have successfully handled many cases involving falls by patients in both hospitals and nursing homes under many different circumstances.
During their stay, patients in both hospitals and nursing homes, will often need assistance in completing even routine activities. Unfortunately, if they do not receive the proper attention they may then fall and suffer serious injuries.
Falls in hospitals and nursing homes are unfortunately an all-too-common occurrence. When patients are admitted to a facility they need to be properly evaluated by a “fall risk assessment.” Once a patient is evaluated, then the proper level of care, monitoring and assistance must be provided.
When people are elderly, injured or disabled, they may require assistance in getting up from a chair, or getting in or out of bed, or may require assistance with walking, whether with a cane, walker or wheelchair. Oftentimes, patients will ring and ring for assistance to get out of bed to go to the bathroom, and when no one responds to their call for help they try to get up by themselves and then fall and suffer injuries.
Unfortunately, health care facilities, whether hospitals or nursing homes, are often understaffed, which has a direct impact on the health and safety of their patients or long-term residents. Simply put, there are not enough nurses to care for the number of patients they are responsible for. Hospitals and Nursing homes try to save money by hiring aides rather than nurses to care for their residents. Hospitals now have physician’s assistants to treat patients and perform tests and examinations, rather than doctors. By cutting staff and hiring less qualified help, the hospitals and nursing homes increase their profits, but reduce the level of care provided, resulting in more injuries to their patients.
Some of the clients our firm has represented who have fallen and been injured while in a medical facility comprise many different fact patterns, including:
A commode which was missing the proper rubber ends on its legs and slipped from under
a patient;
A patient who was dropped while being lifted by a Hoyer lift;
A patient who was left to go to the bathroom on his own despite having been evaluated as
requiring assistance and then slipped and fell;
Many patients who needed to use the bathroom and the nurses did not answer the call
bells, so they tried to go on their own and were injured when they fell as they tried
to get out of bed;
Bed rails that were left in a down position when they should have been raised;
Patients suffering dementia or confusion who were left unattended, and many other
specific fact patterns.
Unfortunately, falls in hospitals and nursing homes can result in serious injuries, and in elderly and frail patients often result in a fractured hip or other fractures. As a result of these injuries, many such patients may rapidly deteriorate, both physically and mentally, and even die after a fall. That is why the prevention of these types of injuries with proper care is so important.
EXPERIENCE AND A TRACK RECORD OF RESULTS
Jaroslawicz & Jaros has been successful in obtaining substantial compensation for persons who were caused to suffer from bedsores or falls while confined to nursing homes or hospitals.
If you, or someone you know, has been injured in a hospital or nursing home as a result of a fall, or who has suffered from bedsores, then you need to contact the attorneys at Jaroslawicz & Jaros who will review the medical and nursing home records with an appropriate medical expert, including nurses and doctors, and will then provide you with their legal opinion.
GET THE ADVICE AND GUIDANCE YOU NEED.
At Jaroslawicz & Jaros you will always be able to contact and speak to your attorneys and not to just secretaries or paralegals.
The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds.
Or you can contact partner Abraham Jaros directly, either,
call his cell 917-842-9544 or,
email him at ajaros@lawjaros.com.
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