Residents in a nursing home who have been injured by a medical device may be eligible to file a product liability claim. Medical devices that are defective put people at risk for injury or even death if not recalled in time. If your loved one’s health was affected by a product liability issue, you may be able to recover compensation on their behalf.
A Smyrna nursing home abuse lawyer can initiate a product liability claim and oversee your case until it is completed. Call The Cochran Firm – Nashville today at (615) 651-7451 for a free consultation about seeking compensation for a nursing home liability issue.
Nursing Home Devices Could Be Lifesaving
Many medical devices get used in a nursing home. If any of these devices fail, it could lead to disaster for your loved one. Some devices that could cause serious injury or death if they malfunction include:
- Intravenous (IV) therapy devices
- Surgical equipment
The Food and Drug Administration (FDA) provides a lengthy list of medical devices that have been recalled in 2020, showing that defective devices are a continuing problem that may put your loved one’s health in jeopardy. While a medical device could be defective as a product, the actions or inactions of the nursing home staff upon learning about the defective device may also contribute to a resident’s harm or death.
Nursing Home Staff Have a Duty to Your Loved One
The Centers for Medicare & Medicaid Services (CMS) notes that 60 percent of adverse events that occur in the first 35 days that somebody is in a nursing home are preventable. If your loved one was harmed while living in a nursing home, the defective device may not be the only contributing factor to your loved one’s harm.
A nursing home staffer may contribute to a resident’s injury or wrongful death from a defective device by:
- Failing to help the resident use the device in question
- Failing to monitor the resident consistently, as a defective device could go undetected for a substantial amount of time
- Failing to report a defective device through the proper administrative channels
- Failing to respond in an appropriate fashion as a caregiver
If an individual staffer is found responsible for a defective product or your loved one’s mistreatment, others associated with the nursing home could be held liable as well. Parties who could be held responsible for your loved one’s harm may include:
- Owners of the nursing home
- Administrators at the nursing home
- Staffers who failed in some aspect to take care of your loved one
A Smyrna nursing home abuse lawyer may help you determine who to name in your lawsuit and then pursue legal action against those parties. Call The Cochran Firm – Nashville today at (615) 651-7451 to learn more about how we may be able to help pursue justice for your loved one.
For a free legal consultation with a nursing home abuse lawyer serving Smyrna, call 615-678-6278
You Can Choose to Have a Lawyer Lead Your Lawsuit
If you determine that your loved one has suffered mistreatment, was the victim of a defective medical device, or was harmed by both, you may hire a lawyer to help you pursue compensation.
Some of the ways that a lawyer can help you and your loved one include:
- Conducting research on the specific product that caused your loved one harm
- Researching other product liability cases involving the product in question
- Documenting injuries your loved one suffered because of the defective product
- Determining what staffers, if any, contributed to harming your loved one
- Filing your lawsuit
- Making in-person legal appearances on behalf of your loved one
- Negotiating a settlement
- Completing a trial
- Defending your rights
It may be difficult for you to manage your loved one’s status, especially if they are moving from a nursing home where suspected mistreatment occurred. Attempting to take on a legal case for compensation could further complicate your slate of responsibilities. If you choose to work with a lawyer, they may handle legal duties on your behalf.
In addition to their legal services, a lawyer may help:
- Find safe accommodations for your loved one
- Ensure that your loved one’s rights are not violated
- Provide general legal strategies for you and your loved one
Possible Compensation from a Lawsuit
If your lawyer is able to negotiate a settlement successfully or wins compensation through a lawsuit, you may obtain coverage for some or all of your loved one’s losses. The type of compensation that you could be entitled to will depend on the specific nature of your loved one’s losses. These losses may include:
- The cost of medical care during your loved one’s stay at the nursing home where mistreatment occurred
- The cost of your loved one’s residency at the nursing home
- Pain and suffering that your loved one endured because of their mistreatment
There is a certain standard of care that nursing homes must provide residents, and your loved one may be entitled to compensation if that standard has been violated.
Smyrna Nursing Home Abuse Lawyer Near Me 615-678-6278
Call The Cochran Firm – Nashville Today to Work on Your Case
Your loved one can get legal representation if they were exposed to danger in a nursing home setting. Whether they suffered because of a defective medical device, mistreatment, or some combination of both, a Smyrna nursing home abuse lawyer from our law firm wants to be their legal advocate.
Call The Cochran Firm – Nashville today at (615) 651-7451 for a free consultation.