Patients rely on nursing homes to provide them with the care and treatment they need to get better. All too often, however, nursing homes fall woefully short of that goal. This is especially true in the case of nursing home hip fractures. Hip fractures are frequent occurrences in St. Petersburg nursing homes – especially for patients who are 65 years of age or older. The American Medical Association has even found that nearly 300,000 people over the age of 65 sustain a hip fracture every year.
Of those who are injured, 66 percent will never be able to use the bathroom again without assistance, and 31 percent will never be able to get out of their beds again without someone else’s help. Hip fractures may also require future corrective surgeries and other serious medical procedures. The recovery time can be extremely long and difficult.
If you or a loved one has sustained a hip fracture while residing at a St. Petersburg nursing home, you may need experienced legal counsel on your side. A St. Petersburg nursing home hip fractures lawyer could advocate for your interests every step of the way.
How Nursing Home Residents Sustain Hip Fractures
Nursing home residents often sustain hip fractures when they fall. Falls may occur when residents are standing up or seated in a bed or wheelchair.
Many elderly nursing home residents already have brittle bones and weak muscles. Consequently, they are more susceptible to falls and hip fractures from the onset. When nursing homes fail to maintain their premises and monitor their patients, serious falls can occur for which negligent nursing homes may be held legally liable.
Steps to Take when Pursuing a Nursing Home Negligence Claim
The first step to consider when bringing a negligence claim is timeliness. In Florida, an injured patient must file a medical negligence claim within two years of discovering their hip injury. At the latest, the patient must file the claim within four years of the date on which the alleged medical negligence occurred.
Before filing a lawsuit in a hip fracture case, the injured patient must ordinarily obtain an affidavit from another health care provider. This affidavit must state that the nursing home or health care provider committed malpractice. A medical expert can also help to show that the nursing home violated the standard of reasonable care.
After filing the claim, the patient and the nursing home typically enter into settlement negotiations. This back-and-forth process continues until the parties either settle their case or reach an impasse. If the parties do not settle their case, the injured patient’s legal representative usually files a lawsuit with the court.
Just because a lawsuit is filed does not always mean that the case will go to trial. In fact, many medical negligence cases settle well before the trial date.
Contact a St. Petersburg Nursing Home Hip Fractures Attorney Today
In a medical negligence case, the nursing home’s insurance company is not generally on your side. In fact, the nursing home’s insurance company will often do everything in its power to downplay your damages and limit its payout in your case. An experienced lawyer could help you decide whether to accept a pending settlement offer. A good settlement offer may be able to compensate you for all your medical bills, as well as your pain, suffering, inconvenience, and other noneconomic damages.
If you or a loved one sustained a hip fracture due to nursing home negligence, time may be of the essence. A St. Petersburg nursing home hip fractures lawyer could review your case with you and help you take the necessary legal action.