Residents of a nursing home are in this facility because they need care and treatment more than they can get at home, in an adult care facility, or in an assisting living facility. Part of this care and treatment is assessing and diagnosing the residents of medical conditions that are present or may develop. When a nursing home fails to identify and treat a resident’s condition, it can be Minnesota nursing home malpractice. However, this is a very difficult type of nursing home malpractice to identify. This is why I am hosting a two-week program of nursing home malpractice in Minnesota to help educate individuals. Knowing and understanding your rights is the first step to protecting them from nursing home malpractice.
Since a resident is under the constant care and treatment of a nursing home, the healthcare staff needs to be constantly evaluating the resident’s condition, vitals, and complaints to assess whether there is another condition or ailment causing a problem. Even a slight delay can result in serious injury or death. This care and treatment is ongoing for the duration of the resident’s stay.
When a resident develops a condition that is not diagnosed, there could be a claim for nursing home malpractice. This is when the nursing home and its staff failed to adhere to the standard of care of a reasonably prudent nurse, physician, or healthcare provider at a nursing home. The individual healthcare provider may be liable for the nursing home malpractice to the victim. In addition, the nursing home itself will be vicariously liable for all negligent acts or omissions of its employees which occurred within the scope of employment.
If a nursing home or its healthcare staff violates a statute or regulation, it could automatically prove negligence or be evidence of negligence. This means that a victim may use statutory or regulatory violations to help prove his or her case. When a nursing home violates its internal policies and procedures, that can also be used as prove to demonstrate negligent errors on behalf of the nursing home facility.
Even though a nursing home staff must constantly be evaluating a resident, some providers fail to do so. Some nursing homes may be understaffed or improperly trained, which also could result in delays in diagnoses, misdiagnoses, or a failure to diagnose.
Some conditions that are commonly misdiagnosed due to nursing home malpractice in Minnesota include the following:
If you or a loved one have been injured due to the medical malpractice of a healthcare provider such as a doctor, nurse, hospital, or other health care service professional, call Kuhlman Law, LLC for a FREE consultation by dialing (612) 444-3374 to learn what your rights to compensation may be. If we accept your case, we will conduct a thorough review of your case and advise you whether there may have been a serious medical mistake causing your injury. There is no risk, and you do not owe us money unless we win your case.