Individuals that are sent to nursing homes instead of adult homes or assisted living facilities are individuals that may need more medical care, treatment, and support. This is why nursing facilities have registered nurses, physicians, and other healthcare providers. This means that there will be some medical care and treatment ongoing. However, this also means that there could be more medically negligent errors occurring which results in nursing home malpractice. For the last post of nursing home abuse week, the Minneapolis nursing home malpractice lawyer explains how injuries caused by negligent medical procedures can harm residents.
The most important thing to know about a nursing home is that, while they can perform some medical procedures, they cannot perform everything that a hospital does. This is why any nursing home that attempts to perform procedures that are above what it is supposed to do may be liable for nursing home malpractice. It is negligent to perform a procedure on a patient that the provider and facility are not equipped, trained, or even licensed to perform.
The next thing you need to know about nursing home malpractice is that some care and treatment mistakes are actually the failure to perform them. Negligence is an act or omission that is below the standard of care that a reasonably prudent healthcare provider or nursing home would have performed in a similar situation. Failing to refer a patient to a specialist or to the hospital, not performing pressure sore checks or rotations, or not changing wound bandages could all be medical malpractice due to omissions.
Finally, some types of nursing home malpractice caused by faulty care and treatment could include some the following:
When a nursing home employee fails to competently care for and treat a nursing home resident, it can be nursing home malpractice or medical malpractice. The employee may be liable to the victim if the employee’s conduct falls below the standard of care.
The nursing home or facility may also be liable for the employee’s negligence. This is through the principle of respondeat superior, which is a type of vicarious liability imputing the negligence of the employee on the employer. This grew out of common law, or judge-made law, where the master (employer) would be liable for the negligent acts or omissions of the servant (the employee). This is a very important principle of law.
When a nursing home fails to properly care and treat a loved one, it may be nursing home malpractice. 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.
We also handle cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro. Our Oregon office number is (541) 385-1999.