Infections
Kansas City Nursing Home Infection Attorneys
Infections Resulting from Nursing Home Abuse & Neglect
Infections are relatively common in nursing homes and other long-term care facilities. According to a study by the National Center for Biotechnology Information (NCBI), approximately 2 million infections occur in nursing homes every year. Unfortunately, nursing home infections are associated with high hospitalization and mortality rates among the elderly.
At the Law Office of Tom Wagstaff Jr., we represent elderly individuals and their families in complex cases against nursing homes and private caregivers. If you believe that you or your loved one developed an infection due to nursing home abuse or neglect, including failure to prevent or properly treat infections, reach out to our Kansas City nursing home infection attorneys today to learn how we can help.
Call 816-708-0524 or contact us online to request a free initial consultation and take action against nursing home neglect.
Types of Infections
Certain types of infections are more commonly seen in nursing homes, long-term care facilities, and assisted living centers across the country. These include:
- COVID-19
- Urinary tract infections (UTIs)
- Respiratory infections, such as pneumonia
- Skin and soft tissue infections, such as cellulitis or scabies
- Chronic wound infections, including infected bedsores
- Influenza
- Gastroenteritis
- Clostridium difficile (C. diff)
- Sepsis
Seniors face a heightened risk of not only suffering from infections but also suffering serious, life-threatening complications as a result of those infections. To make matters worse, many common infections, including pneumonia and sepsis, present with atypical symptoms in older adults, making them harder to detect and treat. All of this puts elderly individuals at risk of serious injury, illness, and death when they develop infections in nursing homes and other care facilities. If you or your loved one has developed an infection, seek immediate medical attention. Then, contact the Law Office of Tom Wagstaff Jr. to share your story and learn whether you have a case against the nursing home or its staff.
How Do Infections Happen in Nursing Homes?
Anywhere where groups of people live in close proximity to one another, there is a heightened risk of disease transmission and infection. Nursing homes and other long-term care facilities should not only be aware of this but should also take all appropriate measures to prevent the spread of disease, illness, and infection.
When nursing homes are negligent, infections and other illnesses can spread in the following ways:
- Improper quarantine of residents and/or staff.
- Failure to use personal protective equipment.
- Failure to enforce quarantine procedures for residents, staff, or visitors.
- Unclean or contaminated surfaces and areas.
- Failure to regularly clean and/or bathe residents.
- Improper disposal of unsanitary or contaminated waste products.
- Medication errors, including failure to properly dispense antibiotics.
- Failure to properly identify and/or respond to infections.
- Failure to seek prompt medical attention on behalf of residents when necessary.
- Misdiagnosis, delayed diagnosis, and failure to diagnose infections.
- Delayed treatment or failure to treat infections.
Not all infections that occur within nursing homes are the fault of nursing home staff. It is important to know when an infection develops because of nursing home negligence; we encourage you to reach out to our team for more information. Our Kansas City nursing home infection lawyers can review the details of your situation and determine whether you have a case.
Who Is Liable for Infections?
Liability for infections at nursing homes can be complex and may involve several parties depending on the circumstances, such as:
The facility itself can be held liable if it is found that inadequate policies, procedures, or resources contributed to the infection.
Individual healthcare providers and staff members may also be held liable if their actions or inactions are directly responsible for the spread of infection.
The management or administration could be liable for failing to ensure proper training, sufficient staffing levels, and adherence to infection control protocols.
If the nursing home outsources services like cleaning or medical care, the contractors could be held liable if their negligence leads to infections.
External healthcare providers who visit the nursing home and fail to follow infection control practices might also be liable.
Main Factors to Determine Liability
- Standard of Care: Nursing homes are required to provide a certain standard of care to their residents. This includes proper hygiene practices, infection control protocols, and adequate staffing.
- Causation: It must be proven that the negligence directly caused the infection. This can sometimes be challenging to establish.
- Negligence: If the nursing home or its staff fail to adhere to the standard of care, resulting in an infection, they may be considered negligent. This could include improper sanitation, failure to isolate infected individuals, or lack of proper medical attention.
- Regulatory Compliance: Nursing homes must comply with federal and state regulations. Failure to do so can lead to liability if non-compliance is linked to the infection.
Determining Whether You Have a Case
Because these claims are usually based on negligence, you must prove the elements of any typical negligence-based case to successfully recover compensation for your damages. This involves proving each of the following:
- The defendant (i.e., the nursing home, staff member, caregiver, etc.) owed you or your elderly loved one a duty of care.
- The defendant failed to uphold this duty of care, often by acting negligently, wrongfully, or intentionally or by failing to provide an acceptable standard of care.
- You or your elderly loved one suffered an injury (infection) that led to measurable damages for which you can be compensated.
- Your or your elderly loved one’s injury (infection) was the result of the defendant’s failure to uphold the duty of care.
If each of these elements is true, you likely have a case. At the Law Office of Tom Wagstaff Jr., we can meet with you at no cost to discuss the specifics of your claim and provide honest legal advice tailored to your unique situation.
Call Our Nursing Home Infection Attorneys Today for Legal Help
With more than 25 years of experience and a long track record of success, Attorney Tom Wagstaff has the knowledge, skills, and resources to advocate for you and your recovery. Our entire team of trial lawyers is committed to obtaining justice on your behalf. We understand that this is an extremely challenging time in your life, which is why we are prepared to handle all of the legal details of your case. We want you to focus on healing and moving forward while we fight for the fair compensation you and your family are owed.
At the Law Office of Tom Wagstaff Jr., we purposefully limit our caseload to ensure that we are able to dedicate all of our time, efforts, and resources to each individual case. When you choose our firm, you receive highly personalized attention and consistent communication from your legal team.
Reach out to our team today to learn how we can help; call 816-708-0524
to request a free consultation with our Kansas City nursing home infection lawyers.