A New Jersey Nursing Home Lawyer Discusses Unexplained Pressure Sores
Elderly residents rely on staff to provide compassionate care. All too often, however, they suffer at the hands of overworked, frustrated or undertrained caregivers. The result of this can be neglect, mental and physical abuse and even assault and battery. If you observe unexplained sores or markings on your loved that seem to have resulted from pressure, speak with a New Jersey nursing home attorney right away.
A New Jersey Nursing Home Lawyer on Duty of Care
As a New Jersey nursing home attorney will tell you, failure to provide adequate care is a serious problem in nursing homes today. There really is no excuse for neglectful or otherwise improper care, particularly of the elderly, who tend to be more frail and vulnerable.
Should you seek legal assistance in establishing a claim against a facility for unexplained pressure sores, your New Jersey nursing home attorney will need to establish that a duty of care was present and breached. The steps are as follows:
A duty of care exists: A duty of care means that responsible individuals owed a duty of care to the victim. In the case of a nursing facility, such a duty of care exists simply by nature of the patient/caregiver relationship.
The duty was breached: Your New Jersey nursing home attorney will need to show that injury to your loved one occurred as a result of a breach of that duty. Types of breach of duty include neglect and abuse.
- The breach caused injury: An unexplained sore or mark is evidence of the breach of duty and resultant injury.
A New Jersey Nursing Home Attorney Discusses Unexplained Bruising
If you notice any black and blue marks or other sores on your loved one, you should investigate whether or not these resulted from physical abuse. Your New Jersey nursing home attorney will caution that elderly individuals tend to bruise easily and often bump into objects, so it is important to distinguish a bruise caused thusly from one caused by a caregiver. Pressure sores to the arms or other body parts may, however be the result of grabbing, pushing, hitting or slapping the resident.
It is important that you ask your loved one how they received the mark. Don’t merely rely on what you are told, however. Many elderly residents are afraid to speak up for fear of retribution. It is appropriate to question staff and ask to visit at unusual hours to ensure your loved one’s safety. Doing so at least places staff on notice that you are suspicious, and it may cause them to curtail the abuse if it is in fact occuring.
Contact a New Jersey Nursing Home Lawyer for Legal Assistance
If you notice unexplained pressure sores or other bruising on a loved one, it is imperative that you seek the assistance of a New Jersey nursing home attorney. Call Gerald H. Clark to arrange a consultation today at 877-841-8855.